Tag: Pham
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Nicholas Reed Langen: The Use and Abuse of Citizenship Deprivation: SSHD v Kolicaj
Any British citizen that happens to hold citizenship for another country could find themselves in an invidious position. If the Home Secretary decides that it would be ‘conducive to the public good’, they can single-handedly strip a person of their citizenship, and with it, their right to remain in the country. So long as the deprivation…
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Jefferi Hamzah Sendut: The Prorogation Case: Proportionality in All but Name?
The place of proportionality review in UK administrative law has been the subject of considerable doctrinal debate. This post argues that the Supreme Court’s Cherry/Miller (No 2) judgment should be understood as an application of proportionality as a common law ground of substantive review. Proportionality review is no longer confined to cases involving the Human…
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Anthony Arnull: Is the UK Supreme Court Pro-EU?
Of all the criticisms levelled by elements of the press and others at the judgment of the Supreme Court in Miller II and Cherry, perhaps the least convincing is that the Justices are pro-EU. It has been widely pointed out that we have no idea whether, and if so how, the Justices voted in the…
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Richard Ekins: Human Rights and the Morality of Law
This is part of a series of posts in which Richard Ekins reflects upon Lord Sumption’s Reith Lectures. You can find the first post here. In his third Reith lecture, broadcast yesterday and entitled “Human Rights and Wrongs”, Jonathan Sumption examines international human rights law, “the main battleground between law and politics”. His strategy is…
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Mikolaj Barczentewicz: Uses and Misuses of the Rule of Recognition in Miller
The jurisprudential concept of the rule of recognition featured several times during the Miller hearings at the Supreme Court. In this short note, I discuss three uses of the concept of the rule of recognition during the Miller hearings and propose one other way in which the concept is relevant to Miller, that was not…
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Mikolaj Barczentewicz: Limits of the Domestic Judicial Power to Disregard EU Law – Chester in Reverse
Domestic courts in the United Kingdom have a power (and a duty) to disregard EU law when it exceeds the scope of incorporation by the European Communities Act 1972. It is for UK courts to determine whether any particular measure is within the scope of incorporation or not. The contrary view on this matter, taken…