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R. (Collins) v Secretary of State for Justice [2016]

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The below case comment provides a critical evaluation of proportionality in R. (Collins) v Secretary of State for Justice, in which should be established if the judicial test is correctly applied and justified towards breaching a human right. Based on that, I should defend the affirmation made by the leading heads of the proportionality test which affirms that the test varies between being thoughtless towards significant moral factors and their limitations that connects with human rights, making it an inappropriate tool for the human rights judgement. Another affirmation that contradicts the previous is that the proportional test shelters the appropriate moral factors regarding human rights which further confuses the judges in their decision-making by leaving them without any further directions and help in the law. The absence of This further causes in legal judgements, having essential negative consequences.

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Uploaded on
January 31, 2022
Number of pages
9
Written in
2020/2021
Type
Essay
Professor(s)
Unknown
Grade
A

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Legal Concepts – Coursework

The below case comment provides a critical evaluation of proportionality in R. (Collins) v

Secretary of State for Justice1, in which should be established if the judicial test is correctly

applied and justified towards breaching a human right. Based on that, I should defend the

affirmation made by the leading heads of the proportionality test which affirms that the test vary

between being thoughtless towards significant moral factors and their limitations that connects

with human rights, making it an inappropriate tool for the human rights judgement.2 Another

affirmation which contradicts the previous is that the proportional test shelters the appropriate

moral factors regarding human rights which further confuses the judges in their decision-making

by leaving them without any further directions and help in the law.3This further causes absence

in legal judgements, having essential negative consequences.



The case concerns two applicants: Denby Collins who was trespassing B’s house on 15

December 20134 at around 3 am and B a 51 years old man, weighting 15½ stones who relaxed at

home with his family. During that time B and some members of his family confronted Denby

Collins who was seen in possessions of B’s wife’s car keys and her mobile phone.5 Therefore, B

faced down Mr Collins in a headlock for about 6 minutes without any chance to escape.6 In the

meantime, B’s wife dialled the police asking them to come immediately as ‘her husband had




1 R. (on the application of Collins) v Secretary of State for Justice [2016] EWHC 33 (Admin)

2 Kai Moller, 'Proportionality: Challenging the critics' [2012] 10(3) International Journal of Constitutional

Law 724-731

3 Karl Laird, 'R (on the application of Collins) v Secretary of State for Justice: self-defense - Criminal

Justice and Immigration Act 2008 s76' [2016] 6(1) Criminal Law Review 441

4 R. (on the application of Collins) v Secretary of State for Justice [2016] EWHC 33 (Admin) 2

5 R. (on the application of Collins) v Secretary of State for Justice [2016] EWHC 33 (Admin) 4

6 R. (on the application of Collins) v Secretary of State for Justice [2016] EWHC 33 (Admin) 6
1

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