Harsh criticism, mainly from politicians and the travel industry has been expressed regarding the new government policy, according to which, and from 8 June, nearly all international arrivals at UK ports must quarantine for 14 days. It is surprising that very little has been said about the clear illegality of this policy, despite a very recent judicial review process that has been brought against the policy by a few airline companies. In this post it is argued that the quarantine policy is irrational, unreasonable and disproportionate – and therefore illegal. A preliminary note about the differences between rationality and reasonableness will be followed by applying rationality, reasonableness and proportionality to our case.
Rationality and Reasonableness
Even though UK courts have been applying the concepts ‘rationality’ and ‘reasonableness’ indistinguishably, it is both conceptually possible and helpful to treat them as two separate grounds of review. Whereas ‘reasonableness’ is a…
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Utopia, you are standing in it! 
Jun 18, 2020 @ 00:05:40
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