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Human Rights

July 9th, 2021 by James Goudie KC

In R (SC) v SoS for Work & Pensions (2021) UKSC 26 a Seven Justices Supreme Court holds that (1) it is not appropriate for domestic Courts to determine whether the UK has violated its obligations under unincorporated international law : paras 74-96; (2) in approaching proportionality under ECHR Art 14 a nuanced approach is required, which is not fully captured by a “manifestly without reasonable foundation” standard of review, and which in some circumstances calls for mush stricter scrutiny : paras 97-162; and (3) only limited use can be made of Parliamentary material in considering whether primary legislation is compatible with ECHR rights: paras 163-185.

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