The UK Supreme Court in Elgizouli held that it was not the common law but rather a failure by the Home Secretary to consider his duties un‐ der the Data Protection Act 2018 that rendered the decision of the then Home Secretary to hand over evidence to US authorities unlawful. The focus on common‐law rights raises questions about their interac‐ tion with the HRA and how we know what the common law protects. It is clear that the relationship between the common law and the HRA is not settled, and Elgizouli is another case demonstrating radically different ap‐ proaches. The judgement adds to the debate about which rights are pro‐ tected by the common law, how the courts identify those rights and the issue of rationality, arguing that the factual context of the case warranted a greater examination of the Home Secretary’s decision.
I prerogative powers al vaglio della Corte suprema nel caso Elgizouli: le prospettive evolutive del common law e le nuove frontiere del judicial review
Pamela Martino
2021-01-01
Abstract
The UK Supreme Court in Elgizouli held that it was not the common law but rather a failure by the Home Secretary to consider his duties un‐ der the Data Protection Act 2018 that rendered the decision of the then Home Secretary to hand over evidence to US authorities unlawful. The focus on common‐law rights raises questions about their interac‐ tion with the HRA and how we know what the common law protects. It is clear that the relationship between the common law and the HRA is not settled, and Elgizouli is another case demonstrating radically different ap‐ proaches. The judgement adds to the debate about which rights are pro‐ tected by the common law, how the courts identify those rights and the issue of rationality, arguing that the factual context of the case warranted a greater examination of the Home Secretary’s decision.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
