Proportionality in English administrative law: a strategy of deceptive reception

The adoption of the principle of proportionality has been at the centre of heated debates in UK administrative law since the last part of the 20th century. While proportionality is now regarded to have been adopted there as a matter of principle, the modalities of its use may tell a different story, one of resistance to this ‘foreign’ import. Furthermore, a study of the long ‘proportionality debate’ will allow us to draw out and better understand some of the resistance strategies to transplants, particularly in the public law context. Finally, the extension of this debate to other common law jurisdictions has added an unusual angle and globalized dimension to this story of resistance that is important to grasp and analyse.