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Essential Cases: Public Law

Essential Cases: Public Law (4th edn)

Thomas E. Webb
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date: 25 January 2022

R (on the application of Daly) v Secretary of State for the Home Department [2001] UKHL 26, House of Lordslocked

R (on the application of Daly) v Secretary of State for the Home Department [2001] UKHL 26, 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 (on the application of Daly) v Secretary of State for the Home Department [2001] UKHL 26, House of Lords. This case considered whether a blanket policy excluding prisoners from cell searches was a proportionate response that was necessary to achieve the aim of that policy. There is also discussion of whether the common law could provide an alternative system of rights protection to that under the Human Rights Act 1998. The document also includes supporting commentary from author Thomas Webb.

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