1. For further discussion of deference, see J Jowell, “Judicial deference: servility, civility or institutional capacity?” [2003] PL 592; R Clayton QC, “Judicial deference and ‘democratic dialogue’: the legitimacy of judicial intervention under the Human Rights Act 1998” [2004] PL 33; K Ewing, “The Futility of the Human Rights Act” [2004] PL 829; Lord Steyn, “Deference: A Tangled Story” [2005] PL 346.
2. See, e.g. R v Secretary of State for the Environment ex p. Nottinghamshire County Council [1986] AC 240, where Lord Scarman stated (at pp. 250H-251A) that “Judicial review is a great weapon in the hands of the judges: but the judges must observe the constitutional limits set by our parliamentary system upon their exercise of this beneficent power”.
3. [2004] EWCA Civ 1067.