Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Pham v Secretary of State for the Home Department [2015] UKSC 19, Supreme Court. This case considers the introduction of proportionality as a ground of judicial review beyond human rights and European Union law in the United Kingdom. The relationship between proportionality and Wednesbury unreasonableness is also discussed. The document also includes supporting commentary and questions from author Thomas Webb.
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Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Pham v Secretary of State for the Home Department [2015] UKSC 19, Supreme Court. This case considers the introduction of proportionality as a ground of judicial review beyond human rights and European Union law in the United Kingdom. The relationship between proportionality and Wednesbury unreasonableness is also discussed. The document also includes supporting commentary from author Thomas Webb.
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Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Janko Rottmann v Freistaadt Bayern (Case C-135/08), EU:C:2010:104, [2010] ECR I-1449, 2 March 2010. The document also includes supporting commentary from author Noreen O’Meara.
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Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Janko Rottmann v Freistaadt Bayern (Case C-135/08), EU:C:2010:104, [2010] ECR I-1449, 2 March 2010. The document also includes supporting commentary from author Noreen O’Meara.
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This chapter examines human rights protection for six specific groups: women, children, elderly, internally displaced persons, stateless persons, and refugees. It first explains why group rights evolved in a system of human rights that, from the outset, was supposed to be universal and then discusses the particular needs of these groups, the evolving international and regional human rights framework, and the extent to which the legal framework addresses the needs of the group in question.
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Following on from the previous chapter on equality and non-discrimination, this chapter examines the additional systems of human rights protection in place for specific groups of people who are often disadvantaged and marginalized in societies. Six specific groups are considered: women, children, elderly, internally displaced persons, stateless persons, and refugees. It first explains why group rights evolved in a system of human rights that, from the outset, was supposed to be universal, and then discusses the particular needs of these groups, the evolving international and regional human rights framework, and the extent to which the legal framework addresses the needs of the group in question.
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Gina Clayton, Georgina Firth, Caroline Sawyer, and Rowena Moffatt
This chapter considers the bases of nationality and citizenship, and traces the development of British nationality law, focusing on changes from 1948 to the present day. It looks at the effects of these changes on particular groups of people, characterised to a significant extent by progressive exclusion. It considers the fundamental incident of citizenship and the right to live in one’s own country, both as to the interaction of nationality and immigration law and as to the overall effect of full inclusion as a citizen. The bases for obtaining British nationality by registration and naturalisation are discussed, as are the powers of deprivation of citizenship. The possibility of asserting rights as a stateless person is also noted.
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This chapter discusses the doctrine of the freedom of states in matters of nationality and the general principles on which nationality has traditionally been based. It then considers the effective link principle and the decision in Nottebohm, and reviews the application of rules of international law, concluding with a discussion of the functional approach to nationality.
