header-logo header-logo

02 August 2024 / Steve Foster
Issue: 8082 / Categories: Features , Constitutional law
printer mail-detail

Civil servants & the law: when laws collide

184281
Steve Foster examines the duty of civil servants to obey the law—but which one?
  • The Civil Service Code requires civil servants to comply with the law—but in certain circumstances, such as implementing a minister’s decision to remove a migrant to Rwanda, this duty is not clear cut.
  • This article examines recent decisions that shed light on our legal system and constitution, and their relationship with international law and accepted principles of constitutionalism.

What happens if a civil servant is asked to perform an Act, but that Act is inconsistent with international law and the decision of an international court? The answer might lie in the civil servant’s contract, but if that says that they must comply with ‘the law’, then we are no further ahead. Alternatively, we might need to look at our constitutional system, asking whether a minister has the legal power to issue the order, and what happens when that legal power is inconsistent with international law.

A recent decision of the High Court (R

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll