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A case summary of a House of Lords ruling on the extent of the Ministerial prerogative powers and the Criminal Injuries Compensation Scheme. The case involved the legality of the Home Secretary's failure to bring into force the Criminal Justice Act 1988, which modified the scheme.
R v Secretary of State for the Home Department, ex parte Simms [1999] UKHL 33 is a UK constitutional law case, concerning parliamentary sovereignty.
On appeal the Court of Appeal quashed the Secretary of State's decisions on the ground that he had misinterpreted the expression 'well-founded fear' because an applicant for refugee status had merely to establish that he had what appeared to him to be a well-founded fear of persecution. The Secretary of State appealed.
Considering the decision made by the European court, on mandatory life sentences, and article 6 (1) of the convention, the power to affix the tariff by the Home Secretary, would negate the principle of separation of powers and the right to a fair trial by impartial and independent tribunal.
Facts. The applicants sought a judicial review of directives issued by the Home Secretary. The directives placed limits on the broadcasting permission of individuals associated with organisations proscribed by anti-terror legislation.
A case summary of the House of Lords decision on prisoners' access to journalists in 1999. The case also involved ECHR Article 10, Human Rights Act 1998, and legality issues.
R (on the application of Jalloh (Liberia)) (Respondent) v Secretary of State for the Home Department (Appellant) Judgment date. 12 Feb 2020. Neutral citation number [2020] UKSC 4. Case ID. UKSC 2018/0137. Justices. Lady Hale, Lord Kerr, Lord Carnwath, Lord Briggs, Lord Sales. Judgment details. Judgment (PDF) Press summary (PDF) Judgment on ...
