Category: Constitutional Accountability
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Hayley J. Hooper: The Principle of Legality and Prerogative Power after the Third Direction Case
In March 2021, the Court of Appeal handed down a unanimous judgment in Privacy International v Foreign Secretary ‘the Third Direction case’. The unanimous decision held permitting the Security Services (MI5) to authorise criminal conduct by agents was lawful. The authority for the policy existed by necessary implication in ss 1-2 of the Security Services Act…
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Paul Craig: IRAL: The Panel Report and the Government’s Response
The Report of the Independent Review of Administrative Law, IRAL, was made public on 16 March. It stretches to 195 pages in total, although one third of this comprises annexes and the like. This blog considers the Report of the Panel and the government response. The Panel Report The IRAL Panel is refreshingly open and…
