Environmental Ethics and Proportionality: Hunting for a Balance

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  2. Ilona Cheyne
  3. Professor John Alder
Author(s)Cheyne I, Alder J
Publication type Article
JournalEnvironmental Law Review
Year2007
Volume9
Issue3
Pages171-189
ISSN (print)1461-4529
ISSN (electronic)1740-5564
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A challenge to the validity of the Hunting Act 2004 in human rights and EC law was recently rejected by the Court of Appeal on the ground that the Act's ethical purpose required judicial deference to the legislature. We argue that the variety of ethical perspectives engaged by the blanket ban on hunting and the traditions of liberalism demand that the courts ensure that Parliament has properly taken into account all competing perspectives. Although the proportionality principle is crucial in this regard, its application in both human rights and EC contexts gives rise to significant uncertainties and difficulties.
PublisherVathek Publishing
URLhttp://dx.doi.org/10.1350/enlr.2007.9.3.171
DOI10.1350/enlr.2007.9.3.171
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