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Essential Cases: Public Law

Essential Cases: Public Law (4th edn)

Thomas E. Webb
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date: 30 September 2022

R v Secretary of State for the Home Department, ex parte Simms [1999] UKHL 33, in the House of Lordslocked

R v Secretary of State for the Home Department, ex parte Simms [1999] UKHL 33, in the 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 of State for the Home Department, ex parte Simms [1999] UKHL 33, House of Lords. The case considered whether the Secretary of State, and prison governors, could restrict prisoners’ access to journalists investigating alleged miscarriages of justice. In addition to the European Convention on Human Rights (ECHR) Article 10 issues this raises, Lord Hoffmann also in obiter dicta discussed the relationship between the Human Rights Act 1998, parliamentary sovereignty, and the concept of legality. The document also includes supporting commentary from author Thomas Webb.

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