The Weekly Law Reports
[2014] 1 WLR 415
Queen’s Bench Division
*Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2)
[2013] EWHC 1183 (Admin)
2013 Feb 6,
7;
May 9
Sir John Thomas P, Burnett J
Human rights— Fair trial— Interference with— Proposed Sark Law providing for appointment, removal, re-appointment and remuneration of chief judge— Whether incompatible with Convention requirement for independent and impartial tribunal— Whether decision to recommend that Royal Assent be given to Law unlawful—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 6.1
Judicial review— Court’s jurisdiction— Approval of Channel Islands legislation— Proposed Sark Law providing for appointment, removal, re-appointment and remuneration of chief judge— Secretary of State advising that proposed legislation compatible with Convention rights— Claimant seeking judicial review of committee’s decision to advise that Royal Assent be given to proposed Law— Queen in Council giving Royal Assent by Order in Council— Courts in Bailiwick of Guernsey having jurisdiction to entertain challenge to compatibility of proposed Law with Convention rights— Whether English High Court having jurisdiction to entertain claim— Whether advice given on Convention as treaty entered into by United Kingdom justiciable— Whether issue of lawfulness of committee’s decision justiciable