“…This paper will proceed on two fairly uncontroversial assumptions. First, it is generally accepted in academia that UK courts are not bound to follow the ECtHR's [70]- [78]; Farrakhan, at [71]- [79]. 6.…”
Section: Introductionmentioning
confidence: 99%
“…It is undisputed that the government must prove its claims with sufficient and cogent evidence. 68 Courts have made references to the government having to proffer 'substantial' 'objective' justification 69 and 'cogent', 70 'relevant' and 'sufficient' evidence. 71 Yet some judges fail to see that they breached this standard when they deferred in the following ways:…”
“…This paper will proceed on two fairly uncontroversial assumptions. First, it is generally accepted in academia that UK courts are not bound to follow the ECtHR's [70]- [78]; Farrakhan, at [71]- [79]. 6.…”
Section: Introductionmentioning
confidence: 99%
“…It is undisputed that the government must prove its claims with sufficient and cogent evidence. 68 Courts have made references to the government having to proffer 'substantial' 'objective' justification 69 and 'cogent', 70 'relevant' and 'sufficient' evidence. 71 Yet some judges fail to see that they breached this standard when they deferred in the following ways:…”
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