A further question for @Policy_Exchange’s Executive Power Project: how exactly do you exclude proportionality as a ground of judicial review?
A provision that simply said “proportionality shall not be a ground on which a court may grant judicial review of a decision of a public authority” begs the question of what “proportionality” means.
And since the concept overlaps with reasonableness, you may not have achieved much: a court will use the same sort of reasoning as underlies proportionality review but give it a different label.
So you need to define it.
And what you end up with is provision that reads something like: “a court shall not grant judicial review of a decision of a public authority on the ground that the authority’s decision was unsuitable to achieve the desired objective, unnecessary to achieve the desired objective,
... or imposes excessive burdens on individuals affected.”
Which is a pretty rum provision, to put it mildly.
