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#hra #law #public
In the important recent case of Bank Mellat v HM Treasury (No 2) [2013] UKSC 39 (discussed in greater depth in Chapter 15), Lord Reed notes the difference as follows:

'The approach to proportionality in our domestic case law under the Human Rights Act has not generally mirrored that of the Strasbourg court. In accordance with the analytical approach to legal reasoning characteristic of the common law, a more clearly structured approach has generally been adopted [in the UK] derived from case law under Commonwealth constitutions and Bills of Rights ...'

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