Tag: Article 14 ECHR
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Alex Schymyck: Vulnerable Detainees in Prison Illustrate the Need for Consistency as a Ground of Review
In R (MR (Pakistan)) v Secretary of State for Justice & Others, the High Court rejected a claim that the inequality in procedural protections available to vulnerable immigration detainees, which depend significantly on the venue of detention, is irrational. The nature of the decision, which fails to properly evaluate the reasons advanced for the difference,…
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Thomas Raine: The Value of Article 14 ECHR: The Supreme Court and the ‘Bedroom Tax’
Since it was introduced under the Housing Benefit (Amendment) Regulations 2012, the removal of the spare room subsidy, or ‘bedroom tax’ as it is known, has been one of the most controversial aspects of the government’s welfare reform agenda. The policy determines the amount of housing benefit (HB) to which social sector tenants are entitled…
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Alison Young: Towards an Expository Justice Approach to Human Rights Adudication?
The recent Supreme Court Case of R (Johnson) v Secretary of State for the Home Department, [2016] UKSC 56, appears at first glance to be a straightforward human rights claim. Lady Hale, giving the agreed judgment of the court, concluded that Johnson’s Convention rights had been breached. Because of the specific nature of the challenge brought by…
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Alan Bogg and Virginia Mantouvalou: Illegality, Human Rights and Employment: A Watershed Moment for the United Kingdom Supreme Court?
Under what circumstances can the illegal work status of a migrant worker bar a statutory tort claim for race discrimination through the common law doctrine of illegality? Such a question is due to be considered later this month by the United Kingdom Supreme Court in an appeal from the Court of Appeal decision in Allen…