In the 1960s, there was talk of a ‘Fairness Revolution’ in English judicial review.1 One of the most pertinent cases exemplifying such a movement is Anisminic.2 In that case, an administrative statutory body, the Foreign Compensation Commission, was given the job of deciding whether compensation should be awarded for property sequestrated as a result of the 1956 […]
Privacy International: a constitutional barometer Read More »
Case note: Fearn and others v The Board of Trustees of the Tate Gallery [2019] EWHC 246 (Ch) The incorporation of the European Convention on Human Rights (“ECHR“) into domestic law under the Human Rights Act 1998 (“HRA“) is not solely concerned with actions against the institutions of the State, otherwise categorised as “core” public authorities.1 It also
**Commentary on Kyung Yip Kim v Ministry of Justice of New Zealand and another [2019] NZCA 209 and insights on the Fugitive Offenders and Mutual Legal Assistance in Criminal Matters Legislation (Amendment) Bill 20191 As a special administrative region of the People’s Republic of China (“PRC“), the relationship between Hong Kong and the PRC in terms of legal
Extraditing suspects and safeguarding human rights – a tangled tale Read More »
**Case Note: In re Siobhan McLaughlin [2018] UKSC 481 The thorny nature of a declaration of incompatibility (“DoI“) under section 4 Human Rights Act 1998 (“HRA“), and its role vis-a-vis the Parliament in alerting the latter to Convention-incompatible legislations, has been of topical interest for understanding the role of the courts in the context of protection of
**Case note: Sixtus Leung v President of the Legislative Council HCAL 1160, 1164, 1165, 1171 & 1178/20181 As a special administrative region of the People’s Republic of China (“PRC“), Hong Kong’s common law system is unique: it is not subordinate to the civil law system in PRC, but the Standing Committee of the National People’s Congress (“NPCSC“),
Case note: R (on the application of Conway) v Secretary of State for Justice (27 November 2018)2 The topical issue of assisted dying (“AD”) has shadowed over medical law and human rights law with numerous considerations, including the need to respect the patient’s right to family life and safeguarding the sanctity of life.3 Since the Supreme Court’s seminal
— Case note: Case C-621/18 Wightman v Secretary of State for Exiting the European Union Since the Supreme Court’s (“SC”) landmark judgement in R (on the application of Gina Miller) v Secretary of State for Exiting the European Union,1 the legal position and powers of the Westminster Parliament have been at the epicentre of the Brexit legal conundrum.
A symphony of parliamentary sovereignty Read More »
Case note: Y v An NHS Trust and others [2018] UKSC 461 The question over the necessity of obtaining court order for terminating clinically assisted nutrition and hydration (“CANH”) for patients with minimal prospects of recovery reflects two competing concerns: (i) the right to respect the private and family life of the patient and his/her family,2 and
Medical exceptionalism: Best Interests From a Human Rights Perspective Read More »
Case note: Lubiano v The Director of Immigration HCAL 210/2016 In Lubiano v The Director of Immigration HCAL 210/2016, the Hong Kong Court of First Instance considered a judicial review application for the ‘Live-in Requirement’ applicable to Foreign Domestic Workers (FDWs). There are over 357,000 Foreign Domestic Workers in Hong Kong, mostly coming from the Philippines and Indonesia (as
Lee v McArthur & Ors [2016] NICA 39, commonly known as the ‘Gay Wedding Cake’ case, is currently awaiting judgment from the UK Supreme Court (‘UKSC’). Lee promises to provide vital guidance on how conflicts between the LGBT and faith community should be resolved commercially. This article analyses the judgment handed down by the Northern Ireland Court of
No Cake for You: The Legal Battle for Equal Treatment in Lee v McArthur & Ors Read More »
