A v Secretary of State for the Home Department

Additional names

X v Secretary of State for the Home Department

Subject Matter

HUMAN RIGHTS — Right to liberty — Suspected international terrorists — Derogation from human rights obligations allowing detention of non-national suspected terrorists who could not be deported — Whether derogation justified — Whether public emergency threatening life of nation — Whether measures strictly required by exigencies of situation — Whether unjustifiable discrimination against non-nationals — Human Rights Act 1998, Sch 1, Pt I, arts 5, 14 — Anti-terrorism, Crime and Security Act 2001, s 23 — Human Rights Act 1998 (Designated Derogation) Order 2001 — Convention for the Protection of Human Rights and Fundamental Freedoms (1953), art 15

[2002] EWCA Civ 1502; [2004] QB 335; [2003] 2 WLR 564; [2003] 1 All ER 816, CA

[2004] UKHL 56; [2005] 2 AC 68; [2005] 2 WLR 87; [2005] 3 All ER 169; [2003] INLR 249, HL(E)

Commentary

Blackstones Civil Practice 2023
Convention Rights - Derogation from Convention rights 91.12

Articles of the Convention Incorporated into the Human Rights Act 1998 - Article 14: prohibition of discrimination in enjoyment of Convention rights 91.29

Subscribe or Register to access the full case information page. Registered users can access three Law Reports, three case information pages and perform three Case Genie searches per month. If you already have an ICLR account please log in. For other queries or to request a free trial please contact ICLR.

MoJ users should log in here.

We use cookies on this website, you can read our Privacy and Cookies Policy. To use website as intended please Accept Cookies