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Industrial Law Journal 2009 38(3):278-305; doi:10.1093/indlaw/dwp016
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© Industrial Law Society; all rights reserved. For permissions, please e-mail: journals.permissions@oxfordjournals.org.

Judicial Self-Restraint in Labour Law

A.C.L. Davies*

Correspondence: * Fellow and Tutor in Law, Brasenose College, Oxford; Reader in Public Law, Oxford University. Email: anne.davies{at}law.ox.ac.uk.


  Abstract

This article considers various examples of the use of reasonableness and proportionality tests in labour law cases. It seeks to analyse and critique the judges’ formulation and application of these tests, drawing on the extensive public law literature on judicial self-restraint or ‘deference’.


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