Tag: margin of appreciation

Beyond Sark: The implications of the Barclay case

Although at one level astonishingly complex, the issues at stake in R (Barclay) v Secretary of State for Justice (No 2) [2014] UKSC 54 (press summary) (judgment) can be stated relatively simply for the purpose of seeking to understand its broader significance. Article 6 of the European Convention on Human Rights requires, among other things, judicial

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Labour’s plans for the Human Rights Act

In a recent article in The Telegraph, the Shadow Justice Secretary Sadiq Khan sketches the human-rights policy with which it seems Labour will go into the 2015 election campaign. The article is supportive both of the UK’s membership of the European Convention on Human Rights and of the Human Rights Act 1998. Within the current political climate,

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Is the margin of appreciation something that domestic courts should be applying?

I am working on some online updates for my Administrative Law book at present. In the course of doing so, I came across R (S) v Secretary of State for Justice [2012] EWHC 1810 (Admin) – in which Sales J has some interesting (but debatable) things to say about the margin of appreciation doctrine.