header-logo header-logo

15 February 2007 / Richard Gordon
Issue: 7260 / Categories: Features
printer mail-detail

Global reach

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

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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll