Tag: legality
-
Adrian Kreutz: Dualism, Constitutional Conservatism, and Politically Sensitive Judicial Review
1. Introduction Recent public law cases concerning dualism––the operative divide between international and domestic jurisprudence––have prompted renewed debate about the constitutional role of judicial review in the United Kingdom. At first glance, decisions such as R (FDA) v Minister for Cabinet Office [2024] EWHC 1729 (Admin); and R (Al Haq) v Secretary of State for…
-
Yossi Nehushtan and Faye Thomas: Retrospective Rule Making, the Rule of Law, and UK Immigration Policy
In this post we differentiate between two types of retrospective rule making (RRM): RRM in the strong sense and RRM in the weak sense. We then argue that both types of RRM may violate the rule of law to a similar extent, and that both can be morally indefensible, and potentially illegal. We conclude by…
-
Paul F Scott: The power to do what exactly? MI6’s functional vires
On 31 July, the final day of Trinity term, and so of the legal year, there was published by the Investigatory Powers Tribunal an OPEN judgment in a case entitled A Complainant v The Secret Intelligence Service (‘the MI6 case’). In recent years the IPT has become a much more visible contributor to the legal landscape, and…
-
Joe Tomlinson, Eleana Kasoulide, Jed Meers & Simon Halliday: Targeted case reviews: a legitimate compliance exercise or a scandal in the making?
Government has a legitimate interest in seeking to prevent and reduce error in the benefits system and in taking action to recover funds lost. And there is widespread pressure for the Department for Work and Pensions to do just that. However, creating systems capable of doing this work is fraught with challenges, including in terms…
-
Aileen Kavanagh: Is the Illegal Migration Act itself illegal? The Meaning and Methods of Section 19 HRA
The Illegal Migration Bill published on 7th March 2023 is one of the very few Bills in over 20 years to be laid before Parliament without a positive Statement of Compatibility under section 19(1)(a) of the Human Rights Act 1998. Instead of affirming that the Bill complies with rights, the Home Secretary, Suella Braverman, availed of the power…