R (on the application of Daly) v Secretary of State for the Home Department [2001] UKHL 26, House of Lords

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Daly) v Secretary of State for the Home Department [2001] UKHL 26, House of Lords. This case considered whether a blanket policy excluding prisoners from cell searches was a proportionate response that was necessary to achieve the aim of that policy. There is also discussion of whether the common law could provide an alternative system of rights protection to that under the Human Rights Act 1998. The document also includes supporting commentary from author Thomas Webb.

R v Secretary of State for the Home Department, ex parte Simms [1999] UKHL 33, in the House of Lords

10.1093/he/9780191926440.003.0039 ◽

2021 ◽

Author(s):

Thomas E. Webb

Keyword(s):

Human Rights ◽

Public Law ◽

European Convention ◽

Secretary Of State ◽

Parliamentary Sovereignty ◽

House Of Lords ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

Home Department ◽

The Relationship

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for the Home Department, ex parte Simms [1999] UKHL 33, House of Lords. The case considered whether the Secretary of State, and prison governors, could restrict prisoners’ access to journalists investigating alleged miscarriages of justice. In addition to the European Convention on Human Rights (ECHR) Article 10 issues this raises, Lord Hoffmann also in obiter dicta discussed the relationship between the Human Rights Act 1998, parliamentary sovereignty, and the concept of legality. The document also includes supporting commentary from author Thomas Webb.

A (and others) v Secretary of State for the Home Department [2004] UKHL 56, House of Lords

10.1093/he/9780191868306.003.0001 ◽

2019 ◽

Author(s):

Thomas E. Webb

Keyword(s):

Human Rights ◽

National Security ◽

Public Law ◽

Secretary Of State ◽

House Of Lords ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in A (and others) v Secretary of State for the Home Department [2004] UKHL 56, House of Lords. This case concerned the Human Rights Act 1998, the willingness of the courts to engage with national security matters and, by extension, considered how key constitutional principles should shape the courts’ approach. The document also includes supporting commentary from author Thomas Webb.

A (and others) v Secretary of State for the Home Department [2004] UKHL 56, House of Lords

10.1093/he/9780191897689.003.0002 ◽

2020 ◽

Author(s):

Thomas E. Webb

Keyword(s):

Human Rights ◽

National Security ◽

Public Law ◽

Secretary Of State ◽

House Of Lords ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in A (and others) v Secretary of State for the Home Department [2004] UKHL 56, House of Lords. This case concerned the Human Rights Act 1998, the willingness of the courts to engage with national security matters and, by extension, considered how key constitutional principles should shape the courts’ approach to the 1998 Act. The document also includes supporting commentary from author Thomas Webb.

A (and others) v Secretary of State for the Home Department [2004] UKHL 56, House of Lords

10.1093/he/9780191926440.003.0002 ◽

2021 ◽

Author(s):

Thomas E. Webb

Keyword(s):

Human Rights ◽

National Security ◽

Public Law ◽

Secretary Of State ◽

House Of Lords ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in A (and others) v Secretary of State for the Home Department [2004] UKHL 56, House of Lords. This case concerned the Human Rights Act 1998, the willingness of the courts to engage with national security matters and, by extension, considered how key constitutional principles should shape the courts’ approach to the 1998 Act. The document also includes supporting commentary from author Thomas Webb.

R v Secretary of State for the Home Department, ex parte Simms [1999] UKHL 33, in the House of Lords

10.1093/he/9780191897689.003.0039 ◽

2020 ◽

Author(s):

Thomas E. Webb

Keyword(s):

Human Rights ◽

Public Law ◽

European Convention ◽

Secretary Of State ◽

Parliamentary Sovereignty ◽

House Of Lords ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

Home Department ◽

The Relationship

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for the Home Department, ex parte Simms [1999] UKHL 33, House of Lords. The case considered whether the Secretary of State, and prison governors, could restrict prisoners’ access to journalists investigating alleged miscarriages of justice. In addition to the European Convention on Human Rights (ECHR) Article 10 issues this raises, Lord Hoffmann also in obiter dicta discussed the relationship between the Human Rights Act 1998, parliamentary sovereignty, and the concept of legality. The document also includes supporting commentary from author Thomas Webb.

R v Secretary of State for the Home Department, ex parte Brind [1991] UKHL 4, House of Lords

10.1093/he/9780191926440.003.0037 ◽

2021 ◽

Author(s):

Thomas E. Webb

Keyword(s):

Human Rights ◽

United Kingdom ◽

European Convention ◽

The United Kingdom ◽

Secretary Of State ◽

House Of Lords ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

Home Department ◽

Editorial Decisions

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for the Home Department, ex parte Brind [1991] UKHL 4, House of Lords. The case considered whether the Secretary of State could restrict the editorial decisions of broadcasters as regards the way in which messages from spokespersons for proscribed organizations were broadcast. The United Kingdom was a signatory to the European Convention on Human Rights (ECHR) when the case was heard, but the case also predates the passage of the Human Rights Act 1998. There is discussion of the legal position of the ECHR under the common law in the United Kingdom, and the concept of proportionality in United Kingdom’s domestic jurisprudence. The document also includes supporting commentary from author Thomas Webb.

Smith v Chief Constable of Sussex Police; [2008] UKHL; 50

The Denning Law Journal ◽

10.5750/dlj.v21i1.348 ◽

2012 ◽

Vol 21 (1) ◽

pp. 141-152

Author(s):

Carol Brennan

Keyword(s):

Human Rights ◽

Common Law ◽

Law Reform ◽

House Of Lords ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

The Common ◽

The Law ◽

The Relationship ◽

Exclusive Focus

WHO HAS FIRST CLAIM ON “THE LOYALTY OF THE LAW”?Smith v Chief Constable of the Sussex Police (hereafter Smith) was heard by the House of Lords at the same time as Chief Constable of the Hertfordshire Police v Van Colle and another because they had two uniting factors. First, they both concerned the recurring question of the ambit of police liability in the situation described by Lord Bingham thus: “…if the police are alerted to a threat that D may kill or inflict violence on V, and the police take no action to prevent that occurrence, and D does kill or inflict violence on V, may V or his relatives obtain civil redress against the police, and if so, how and in what circumstances?”2 Secondly, considering the cases together highlighted the wider issue of the relationship between decisions under the Human Rights Act 1998 (hereafter the HRA) and the development of the common law. The Law Lords embarked on a more extensive examination of these issues in Smith and thus that case will be the exclusive focus of this note. In addition, the study of Smith raises questions regarding proposals for law reform as well as about judicial perceptions of policy priorities.

R v Lord Chancellor, ex parte Witham [1998] QB 575, High Court (Queen’s Bench Division)

10.1093/he/9780191926440.003.0035 ◽

2021 ◽

Author(s):

Thomas E. Webb

Keyword(s):

Human Rights ◽

Common Law ◽

Public Law ◽

High Court ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

The Common ◽

Lord Chancellor

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Lord Chancellor, ex parte Witham [1998] QB 575, High Court (Queen’s Bench Division). This case concerns the constitutionality of fees payable to access court processes where the applicant’s limited financial means render them unable to pay those fees. More generally it concerns the capacity of the common law to provide rights protections, notwithstanding the Human Rights Act 1998. The document also includes supporting commentary from author Thomas Webb.

R (on the application of Al-Skeini) v Secretary of State for Defence [2007] UKHL 26, House of Lords

10.1093/he/9780191897689.003.0044 ◽

2020 ◽

Author(s):

Thomas E. Webb

Keyword(s):

Human Rights ◽

United Kingdom ◽

Public Law ◽

Test Cases ◽

Substantive Issue ◽

The United Kingdom ◽

Secretary Of State ◽

House Of Lords ◽

Human Rights Act ◽

Human Rights Act 1998

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Al-Skeini) v Secretary of State for Defence [2007] UKHL 26, House of Lords. This case concerned the extra-territorial effect of the Human Rights Act 1998 (HRA)—that is, the effect of the HRA beyond the physical jurisdiction of the United Kingdom. The underlying substantive issue concerned six test cases where Iraqi civilians had died following interactions with British forces occupying the Iraqi city of Basra and the surrounding area. The document also includes supporting commentary from author Thomas Webb.