No. My argument was that they would have to look at the purpose and effect of the sentence to determine gross disproportionality, which is the test for cruel and unusual punishment. They would do it afresh. They weren't being deferential to Parliament. They were saying that Parliament struck the right balance. That's not being deferential. That's agreeing that in terms of a constitutional minimum, Parliament, in 1976, struck the right balance. They would look at it afresh. So this is hardly tautologous.
On November 4th, 2009. See this statement in context.