“…n of appreciation is not conclusive of proportionality when a national court is examining a measure at the national level: In re G (Adoption: Unmarried Couple) [2009] AC 173 and R (Nicklinson) v Ministry of Justice (CNK Alliance Ltd intervening) [2015] AC 657, per Lord Neuberger of Abbotsbury PSC at p 781, para 71, per Lord Mance J…”
“…formed the mapping of both paths is best explained by two citations. First, from the judgment of Lord Hope of Craighead in In re G (Adoption: Unmarried Couple) [2009] AC 173, para 48:…”
“…Furthermore, as Lord Hope went on to say in In re G (Adoption: Unmarried Couple) [2009] AC 173, para 48, protection against discrimination, even in an area of social and economic policy, falls within the constitutional responsibility of the courts:…”