Pham v Secretary of State for the Home Department [2015] UKSC 19, Supreme Court

2021 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
European Union ◽  
Human Rights ◽  
United Kingdom ◽  
Supreme Court ◽  
Public Law ◽  
European Union Law ◽  
The United Kingdom ◽  
Secretary Of State ◽  
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 Pham v Secretary of State for the Home Department [2015] UKSC 19, Supreme Court. This case considers the introduction of proportionality as a ground of judicial review beyond human rights and European Union law in the United Kingdom. The relationship between proportionality and Wednesbury unreasonableness is also discussed. The document also includes supporting commentary from author Thomas Webb.

Pham v Secretary of State for the Home Department [2015] UKSC 19, Supreme Court

2020 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
European Union ◽  
Human Rights ◽  
United Kingdom ◽  
Supreme Court ◽  
Public Law ◽  
European Union Law ◽  
The United Kingdom ◽  
Secretary Of State ◽  
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 Pham v Secretary of State for the Home Department [2015] UKSC 19, Supreme Court. This case considers the introduction of proportionality as a ground of judicial review beyond human rights and European Union law in the United Kingdom. The relationship between proportionality and Wednesbury unreasonableness is also discussed. The document also includes supporting commentary from author Thomas Webb.

Pham v Secretary of State for the Home Department [2015] UKSC 19, Supreme Court

2019 ◽  
Author(s):  
Thomas E. Webb
Keyword(s):  
European Union ◽  
Human Rights ◽  
United Kingdom ◽  
Supreme Court ◽  
Judicial Review ◽  
Public Law ◽  
European Union Law ◽  
The United Kingdom ◽  
Secretary Of State ◽  
Home Department

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Pham v Secretary of State for the Home Department [2015] UKSC 19, Supreme Court. This case considers the introduction of proportionality as a ground of judicial review beyond human rights and European Union law in the United Kingdom. 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

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.

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

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.

23. European Union Law in the United Kingdom Courts

Public Law ◽  
2019 ◽  
pp. 835-868
Author(s):  
Andrew Le Sueur ◽  
Maurice Sunkin ◽  
Jo Eric Khushal Murkens
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Eu Law ◽  
European Union Law ◽  
National Sovereignty ◽  
The United Kingdom ◽  
Parliamentary Sovereignty ◽  
The Uk ◽  
The Relationship

This chapter discusses the reception of Community (now EU law) in the UK courts, and in particular how UK courts reconciled the doctrine of supremacy with the doctrine of parliamentary sovereignty. The chapter will examine three ways in which the UK courts have attempted to reconcile these competing doctrines: by constructing national law in light of EU law; by disapplying conflicting national law; and by reasserting national sovereignty and threatening not to apply EU law automatically. Finally, the chapter will briefly re-visit the case of Miller in order to evaluate that case in light of earlier cases on the relationship between UK and EU law.

United kingdom (u.k.) Supreme court of judicature - court of appeal (civil division): n. V. Secretary of state for the home department

2004 ◽  
Vol 43 (1) ◽  
pp. 115-132
Keyword(s):  
United Kingdom ◽  
Supreme Court ◽  
The United Kingdom ◽  
Secretary Of State ◽  
Oral Argument ◽  
Home Department ◽  
Court Of Appeal

This is an appeal against a decision of the Immigration Appeal Tribunal (“the IAT”) given on 20 February 2003 when it allowed the Secretary of State's appeal against the determination of the Adjudicator promulgated on 10 July 2002. The Adjudicator had allowed the appellant's appeal against the decision of the Secretary of State, made on 26 April 2001, by which he refused the appellant leave to enter the United Kingdom. Permission to appeal to this court was granted by Pill LJ and Maurice Kay J on 26 June 2003, following earlier refusal by Kennedy LJ on 2 June 2003 on consideration of the papers only. I should add that shortly before the substantive hearing in this court the Terrence Higgins Trust (“the THT”) applied to intervene in the appeal. I directed that while the court would take account of the skeleton argument submitted by the THT, we would decide at the substantive hearing of the appeal whether or to what extent we wished to hear oral submissions on its behalf. In the event we received without objection certain further documentation from the THT but declined to hear oral argument from its counsel Ms. Webber. We are grateful for the documentary materials which the THT has provided.

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

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.

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

2021 ◽  
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.

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

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

2020 ◽  
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 jurisprudence. The document also includes supporting commentary from author Thomas Webb.

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