Принципът на пропорционалност при съдебния контрол на ограниченията на основните права във Великобритания
The Principle of Proportionality in the Context of Judicial Review of the Limitations of Fundamental Rights in the United Kingdom

Summary/Abstract: The present article examines the development of the principle of proportionality as a tool for judicial review in the United Kingdom. Although the United Kingdom belongs to the Anglo-Saxon legal tradition the careful analysis would allow parallels with tendencies in the development of the principle in Bulgaria and would be useful for future research, related to the judicial review of the interference with human rights. Traditionally, the principle of proportio nality in the UK has been understood as a principle of reasonableness of an administrative act, later it has transformed into a more intense analysis of the reasonableness of the act (anxious scrutiny), and, finally, it has progressed to the constitutional principle of proportionality of interference with human rights in the context of the application of the Human Rights Act. Nowadays the English courts apply the principle of proportionality when they examine cases under the Human Rights Act. When examining cases outside this sphere, as a rule the courts continue applying the more traditional principle of reasonableness. This differentiated approach presupposes better understanding of the principle of the separation of powers and, also, ensures a structured and profound analysis of the legislative and administrative restrictions of human rights.

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