Keyu v Secretary of State for Foreign and Commonwealth Affairs [2015] UKSC 69

Court: Supreme Court

Facts: The families of 23 unarmed civilians killed by British troops in Malaysia in 1948 sought a judicial inquiry. The Secretary of State refused to hold an inquiry, prompting a judicial review. The case raised questions on the use of proportionality versus rationality as a judicial review standard.

Issue: Should proportionality be adopted as a general standard of judicial review, replacing rationality?

Held: The Supreme Court dismissed the appeal, holding that proportionality should not replace rationality as a general test in judicial review cases, but acknowledged its potential relevance in cases involving fundamental rights.

Key Judicial Statement: Lord Neuberger considered the proportionality test but concluded that a full review of its implications would require an enlarged court.

💡 Leveluplaw: While proportionality may apply in certain cases, the traditional rationality test remains dominant in judicial review. Fundamental rights cases might be subject to stricter scrutiny.