In Secretary of State for Work & Pensions v Carmichael, the Government argued that the First-tier Tribunal could not intervene when housing benefit was reduced under ECHR-incompatible regulations. The Upper Tribunal disagreed. In doing so, it was on strong constitutional ground.
Salvesen v Riddell  UKSC 22 is interesting and significant for all sorts of reasons, not least because the UK Supreme Court ruled part of an Act of the Scottish Parliament to be unlawful—that is, outside Holyrood’s competence—on the ground that it conflicted with the European Convention on Human Rights. The facts of the case … Continue reading The legal status of unlawful legislation: Salvesen v Riddell  UKSC 22