Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in A (and others) v Secretary of State for the Home Department [2004] UKHL 56, House of Lords. This case concerned the Human Rights Act 1998, the willingness of the courts to engage with national security matters and, by extension, considered how key constitutional principles should shape the courts’ approach to the 1998 Act. The document also includes supporting commentary and questions from author Thomas Webb.
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A (and others) v Secretary of State for the Home Department [2004] UKHL 56, House of Lords
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Privacy International and others v Secretary of State for Foreign and Commonwealth Affairs and others [2021] EWCA Civ 330, Court of Appeal (also known as the Third Direction case)
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Privacy International and others v Secretary of State for Foreign and Commonwealth Affairs and others [2021] EWCA Civ 330, Court of Appeal. The case (also known as the Third Direction case) concerned whether the security service (MI5) was able to authorize its agents to commit criminality in the course of their work, and whether such authorization could grant immunity to said agents from criminal prosecution. The case has, in substance, been superseded by the passage of the Covert Human Intelligence Sources (Criminal Conduct) Act 2021, but it nonetheless raises more fundamental questions about the relationship between the rule of law and national security. The document also includes supporting commentary and questions from author, Thomas Webb.
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10. Freedom of Expression
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; all making your answer stand out from the crowd. This chapter covers freedom of speech and expression, including the scope of free speech and expression, its protection in domestic law and under the ECHR, and its application to areas such as public order, national security contempt of court, press freedom, and defamation law.
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15. Deportation
Gina Clayton, Georgina Firth, Caroline Sawyer, and Rowena Moffatt
This chapter gives a brief history of the power of deportation. It then discusses in some detail the application of the ground that the deportation is conducive to the public good. This includes discussion of so-called automatic deportation under the UK Borders Act 2007, and of national security cases. The chapter also covers the Immigration Act 2014 provisions relating to deportation.
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8. Public Interest Immunity and Related Matters
Chapter 8 examines the doctrine of public interest immunity. It discusses the development of the law; ‘class’ claims and ‘contents’ claims; national security and analogous concerns; proper functioning of the public service; the two main contexts in which public interest immunity disputes in criminal cases have arisen—the disclosure of the identity of police informers, and the disclosure of the location of police observation points; how the doctrine of public interest immunity stands alongside, and probably overlaps with, the operations of the Freedom of Information Act 2000; and section 10 of the Contempt of Court Act 1981, which governs the disclosure of sources of information contained in publications.
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25. State surveillance and data retention
This chapter examines the purpose and impacts of state surveillance in the digital environment. It considers the effects of the revelations brought to light by Edward Snowden and outlines the current legal framework for the interception of communications in the UK. The programmes of state surveillance, including by the NSA, GCHQ, and Prism are outlined. The retention and use of personal digital data is also discussed and its relation to the Investigatory Powers Act 2016 examined in detail. The chapter discusses the challenges to data interception in Liberty & Privacy International v GCHQ, Centrum För Rättvisa v Sweden, and Big Brother Watch v UK and against data retention in Tele2 Sverige.
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Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374, House of Lords (also known as the GCHQ case)
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374, House of Lords (also known as the GCHQ case). This case note discusses both the ‘new nomenclature’ (Lord Roskill at 415) of judicial review established by Lord Diplock, and the House of Lords’ conclusion that prerogative powers are, in principle, reviewable by the courts. There is also discussion of the deployment of national security arguments to avoid review. The document also includes supporting commentary and questions from author Thomas Webb.
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17. Article 10: freedom of expression
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter focuses on Article 10, one of the fundamental rights acknowledged in a liberal, democratic society—freedom of expression. Article 10 is a qualified right which reflects the idea that there can be important and legitimate reasons as to why freedom of expression may need to be restricted in order to protect other important rights and freedoms. While the first paragraph of Article 10 establishes a general right to freedom of expression, its second paragraph identifies the only bases upon which the right can be restricted. Restriction of the freedom of expression is subject to scrutiny by the courts, and its necessity must be established by the state. In particular the chapter discusses human rights in the context of political speech and the impact of restraints on hate speech.
