International law provides ammunition in judicial review challenges, says Richard Gordon QC
An understanding of the rules of public international law is becoming crucial in judicial review applications. Two landmark cases, R (on the application of Al-Jedda) v Secretary of State for Defence [2006] EWCA Civ 327, [2006] All ER (D) 435 (Mar) and R (on the application of Al-Skeini) v Secretary of State for Defence [2005] EWCA Civ 1609, [2005] All ER (D) 337 (Dec), are due be heard by the House of Lords this year. They will put international law centre stage, perhaps even in partnership with the Human Rights Act 1998 (HRA 1998) for the protection of fundamental rights.
It is, of course, well known that unincorporated international treaties form no part of domestic law. Increasingly, however, public international law is used indirectly—including through the medium of EC law—to considerable effect in the Administrative Court.
This article examines the principal methods by which this indirect effect may be achieved in judicial review cases.
compatibility Presumption
There are a number of recent judicial observations
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