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Essential Cases: Public Law

Essential Cases: Public Law (5th edn)

Thomas E. Webb
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date: 30 May 2023

R v Secretary for the Home Department, ex parte Pierson [1998] AC 539, House of Lordslocked

R v Secretary for the Home Department, ex parte Pierson [1998] AC 539, House of Lordslocked

  • Thomas E. WebbThomas E. WebbLecturer in Law, Lancaster University

Abstract

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary for the Home Department, ex parte Pierson [1998] AC 539, House of Lords. This case explored whether a decision-maker acting in a quasi-judicial capacity was bound by the same decision-making standards as the courts including, for example, whether retrospective decision-making was permitted. As well as these rule of law considerations, it also raises questions as regards the division or separation of functions within the constitution. The document also includes supporting commentary and questions from author Thomas Webb.

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