- Explained — Durand Education Trust, R (On the Application Of) v Secretary of State for Education 2020-12-08
“…Convention” (R v Director of Public Prosecutions, Ex p Kebilene [2000] 2 AC 326, at 381, per Lord Hope; see also A v Secretary of State for the Home Department [2005] 2 AC 68, at paragraphs 37–42, per Lord Bingham). In In re Medical Costs for Asbestos Diseases (Wales) Bill [2015] UKSC 3, [2015] AC 1016 Lord Mance explained at paragr…”
- Explained — TD & Ors, R (On the Application Of) v Secretary of State for Work And Pensions 2020-05-12
“…, at para. 188. In that passage Lady Hale JSC cited the very important statement of principle in A v Secretary of State for the Home Department [2004] UKHL 56; [2005] 2 AC 68, at para. 68 (Lord Bingham of Cornhill), of which sight must never be lost. As Lord Bingham explained, in a discrimination case, what must be justified is the …”
- Cited — McConnell & Anor, R (On the Application Of) v The Registrar General for England and Wales 2020-04-29
“…tor of Public Prosecutions, ex p. Kebilene [2000] 2 AC 326, at 381 (Lord Hope of Craighead); and A v Secretary of State for the Home Department [2004] UKHL 56; [2005] 2 AC 68, at para. 39 (Lord Bingham of Cornhill). For convenience we will refer here to the “margin of judgement”.…”
- Cited — Drexler, R (On the Application Of) v Leicestershire County Council 2020-04-07
“… Fretté v France (2002) 38 EHRR 438, at para. 40, which was cited by Lord Bingham of Cornhill in A v Secretary of State for the Home Department [2004] UKHL 56; [2005] 2 AC 68, at para. 39. As Lord Bingham also observed in that paragraph, a similar approach is to be found in domestic authority: see e.g. R v Director of Public Prosecu…”
- Cited — AR & SXC, R (On the Application Of) v Secretary of State for Work and Pensions 2020-01-29
“…There is the highest authority for that proposition in A v Secretary of State for the Home Department [2004] UKHL 56; [2005] 2 AC 68, at para. 68 (Lord Bingham of Cornhill):…”
- Cited — Campaign Against Arms Trade, R (On the Application Of) v The Secretary of State for International Trade 2019-06-20
“…] AC 945 at [32] and [88], Secretary of State for the Home Department v Rehman [2003] 1 AC 153 at [50] and [57], A v Secretary of State for the Home Department [2005] 2 AC 68 at [29], Bank Mellat v HM Treasury [2014] AC 700 at [93] and Harrow Community Support Limited v. Secretary of State for Defence [2012] EWHC 1921 (Admin) at par…”
- Cited — Campaign Against Arms Trade, R (On the Application Of) v The Secretary of State for International Trade 2019-06-20
“…a cardinal feature of the modern democratic state, a cornerstone of the rule of law itself”: see A v Secretary of State for the Home Department [2004] UKHL 56; [2005] 2 AC 68, at paragraph [42] (Lord Bingham of Cornhill).…”
- Cited — Conway, R (on the application of) v The Secretary of State for Justice & Ors 2018-06-27
“…, Ms Lieven referred generally in support of those submissions to the comments of Lord Bingham in A v Secretary of State for the Home Department [2005] UKHL 71,[2005] 2 AC 68, especially at [38]-[42].…”