- Cited — Re A (Parental Responsibility) 2023-06-16
“…e HRA. The courts have their proper role to play in the careful scheme of the HRA, as Lord Bingham emphasised in A v Secretary of State for the Home Department [2004] UKHL 56, at para 42. In appropriate cases that can include making a declaration of incompatibility under section 4 in respect of primary legislation where an incompati…”
- Explained — TD & Ors, R (On the Application Of) v Secretary of State for Work And Pensions 2020-05-12
“…2015] 1 WLR 1449, 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 j…”
- Cited — McConnell & Anor, R (On the Application Of) v The Registrar General for England and Wales 2020-04-29
“…e e.g. R v Director 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
“…ground: see e.g. 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 o…”
- 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
“…y recognised as 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).…”