Positive Obligations under Article 5 and The Attorney General’s Reference to the UKSC

The AIRE Centre is a specialist human rights legal charity, which uses the power of European law to protect individual and collective fundamental rights [The AIRE Centre]. The AIRE Centre intervened in Cheshire West and applied to intervene in the AG’s Reference but was refused permission.

Abstract argument: The Attorney General for Northern Ireland’s Reference to the Supreme Court

Many of the hypothetical arguments and postulated facts raised at the hearing concerned not the issue of consent on which the Attorney General sought guidance, but the wider issue of whether Cheshire West was correctly decided viz. the “acid test”. That question was raised late in the day by the Secretary of State for Health and Social Care who does not have standing to refer cases directly to the Supreme Court himself…

When open justice undermines public confidence: Scrutinising the Supreme Court

Justice is not a cloistered virtue; she must be allowed to suffer the scrutiny and respectful, even though outspoken, comments of ordinary men

“Liberty” in the Supreme Court

“What about somebody who is so demented they’re effectively catatonic. Just spend the day in front of a television set. Is that person- In what sense does that person have any liberty which she can be deprived of?” (Lord Reed)