constitutionality of a measure when faced with an Article 14 challenge: the
‘classification test’ or the ‘old doctrine’ (which I have labelled
‘unreasonable comparison’) and the ‘arbitrariness test’ or the ‘new doctrine’
(labelled ‘non- comparative unreasonableness’). I show that:
test (or the unreasonable comparison test) continues to be applied for testing
the constitutionality of classificatory rules (whether or not legislative in
character);
deferentially;
of measures which do not entail comparison (hence labelled non- comparative
unreasonableness);
based on a conceptual misunderstanding of the requirements of the rule of law;
and