R (on the application of Chester) v Secretary of State for Justice [2013] UKSC 63, Supreme Court

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 Chester) v Secretary of State for Justice [2013] UKSC 63, Supreme Court. This case addressed a further challenge to the rules against prisoner voting (see Hirst), and considered the limits of the courts’ role in relation to legislation deemed incompatible with the Human Rights Act 1998. Here the court was sceptical of the value of making a further declaration of incompatibility in an area where such declarations had already been made. The document also includes supporting commentary from author Thomas Webb.

R (on the application of Chester) v Secretary of State for Justice [2013] UKSC 63, Supreme Court

10.1093/he/9780191868306.003.0037 ◽

2019 ◽

Author(s):

Thomas E. Webb

Keyword(s):

Human Rights ◽

Supreme Court ◽

Public Law ◽

Secretary Of State ◽

Human Rights Act ◽

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 Chester) v Secretary of State for Justice [2013] UKSC 63, Supreme Court. This case addressed a further challenge to the rules against prisoner voting, and considered the limits of the courts’ role in relation to legislation deemed incompatible with 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.

R (on the application of Nicklinson) v Ministry of Justice [2014] UKSC 38, Supreme Court

10.1093/he/9780191926440.003.0055 ◽

2021 ◽

Author(s):

Thomas E. Webb

Keyword(s):

Human Rights ◽

Supreme Court ◽

Public Law ◽

Case Note ◽

Legal Issues ◽

Assisted Dying ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

Primary Focus ◽

Commit Suicide

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 Nicklinson) v Ministry of Justice [2014] UKSC 38, Supreme Court. The case concerned assisted dying, specifically whether s. 2 of the Suicide Act 1961 was incompatible with the Human Rights Act 1998 (Nicklinson and Lambs’ cases), and whether the prosecution guidance on assisting someone to commit suicide issued by the Director of Public Prosecutions was sufficiently clear (Martin’s case). However, the primary focus of this case note is on the justices’ discussion of the respective competences of Parliament and the courts to resolve the legal issues in this area. The document also includes supporting commentary from author Thomas Webb.

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

10.1093/he/9780191897689.003.0048 ◽

2020 ◽

Author(s):

Thomas E. Webb

Keyword(s):

Human Rights ◽

Common Law ◽

Public Law ◽

Rights Protection ◽

Secretary Of State ◽

House Of Lords ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

The Common ◽

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 (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 ◽

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.

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

10.1093/he/9780191926440.003.0044 ◽

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 ◽

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.