In R (Isherwood ) v Welsh Ministers (2022) EWHC 3331 ( Admin ) Steyn J considered the case law on the interpretation of Art A2P1 and summarised the points emerging from them : Paras 169-198 inclusive. She also stated ( at para 129 ) that common law constitutional rights can be abrogated by legislation expressly or by necessary implication, but only if it is crystal clear that the legislature intended to override the fundamental right. A reasonable implication will not suffice. The implication must be one that truly necessarily follows from the express provisions of the legislation, construed in their context.

This entry was posted on Thursday, January 5th, 2023 at 1:36 pm and is filed under Human Rights and Public Sector Equality Duty. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.