R (Barclay) v Lord Chancellor and Secretary of State for Justice (No 2)

Subject Matter

JUDICIAL REVIEW — Court's jurisdiction — Approval of Channel Islands legislation — Proposed Sark Law providing for appointment, removal and remuneration of chief judge — Secretary of State advising Privy Council committee that proposed legislation compatible with Convention rights — Committee deciding to advise that Royal Assent be given to proposed Law — Queen in Council giving Royal Assent by Order in Council — Claimant seeking judicial review of decision to advise that Royal Assent be given — Courts in Bailiwick of Guernsey Laury jurisdiction to entertain challenge to compatibility of proposed Laws 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 — Whether appropriate for English court to entertain claim — Human Rights Act 1998, Sch 1, Pt I, art 6.1

[2014] UKSC 54; [2015] AC 276; [2014] 3 WLR 1142; [2015] 1 All ER 429; [2014] WLR (D) 446; Case details, SC(E)

Appellate History

Commentary

UK Supreme Court Blog
Case Comment: R (Barclay) v Secretary of State for Justice and Lord Chancellor & Ors [2014] UKSC 54 [2014] Cas Com 25

Blackstones Civil Practice 2023
Decisions Open to Judicial Review 77.5