“…rement of proportionality, although less formally structured than under the HRA. He gave as examples R v Secretary of State for the Home Department, ex p. Leech[1994] QB 198 and R (Daly) v Secretary of State for the Home Department[2001] 2 AC 532. He continued, at para. 119, that one can infer from these cases that, where Parliamen…”
“…challenge is to secondary legislation in the abstract. Cases falling into the first category include R v Secretary of State for the Home Department, Ex p Leech [1994] QB 198 (where the point was not taken on behalf of the Secretary of State, but would have been had it possessed merit), R v Secretary of State for the Home Department…”
“…other cases were mentioned in paragraph [167] of DSD as falling within the person specific category: R v Secretary of State for the Home Department, Ex p Leech [1994] QB 198 and R v Secretary of State for the Home Department, Ex p Saleem [2001] 1 WLR 443. They are consistent with our analysis of that category.…”