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R (on the application of Bancoult) Respondent v Secretary of State for Foreign and Commonwealth Affairs (Appellant)
[2008] UKHL 61
Citation 1
…are not words of limitation but have been treated as apt to confer plenary law-making authority. One must therefore look to the terms of the Constitution, both its express provisions and any provisions that arise by implication, for a limitation on the power of the legislature, and in particular for a principle t…
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R (Williamson) v Secretary of State for Education and Employment
[2005] UKHL 15
Citation 2
…s v United Kingdom (1982) 4 EHRR 293, para 36. Article 9 protects views “that attain a certain level of cogency, seriousness, cohesion and importance”: Eweida v United Kingdom (2013) 57 EHRR 8, para 81 (“ Eweida ”). Most relevantly, the Strasbourg Court has held that a conscientious or religious objection to same…
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R (SC) v Secretary of State for Work and Pensions
[2021] UKSC 26
Citation 3
…pable of being rationalised: “167. Two other aspects of Parliamentary proceedings are important in this context. First, the will of Parliament finds expression solely in the legislation which it enacts. Parliament does not give reasons for enacting legislation: it simply votes on a motion to approve a proposed le…
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A & Ors v. Secretary of State for the Home Department
[2004] UKHL 56
Citation 4
…s (such as that which exists in Bermuda): “The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts ... We cannot, because o…
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Ghaidan v. Godin-Mendoza
[2004] UKHL 30
Citation 5
…d because we will get this benefit and our gay friends won’t’. Moreover, as Baroness Hale said in the same case in the House of Lords [2004] UKHL 30; [2004] 2 AC 557, at para 143:…
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Ullah, R (on the Application of) v Special Adjudicator
[2004] UKHL 26
Citation 6
…Cornhill followed (para 26) the guidance in Fisher and Matadeen v Pointu : “When (as here) an enacted law is said to be incompatible with a right protected by a Constitution, the court’s duty remains one of interpretation. If there is an issue (as here there is not) about the meaning of the enacted law, the court…
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Boyce & Anor v R (Barbados)
[2004] UKPC 32
Citation 7
…See also Boyce v R [2004] UKPC 32; [2005] 1 AC 400, para 59 per Lord Hoffmann. In respectful disagreement with the Court of Appeal, the Board cannot find any basis in the language used in the Constitution for a general principle which would nullify legislation enacted for a religious purpose.…
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Commodore Royal Bahamas Defence Force & Ors v Laramore (Bahamas)
[2017] UKPC 13
Citation 8
…2752 (“ Laramore ”), which the Board will have to consider later in this judgment. The Chief Justice found that the respondents had a sincere belief in marriage as an institution in which same-sex couples ought to be able to participate. The Chief Justice accepted that, under the jurisprudence of the ECtHR, a pe…
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Day & Anor v The Governor of the Cayman Islands & Anor (Cayman Islands)
[2022] UKPC 6
Citation 9
…Cayman Islands [2022] UKPC 6, the right to marry under article 12 of the Convention, to which the constitutional right in that case corresponds, is lex specialis . The Board holds that the Constitution of the Cayman Islands has to be read as a consistent whole and in the light of jurisprudence on the Convention…
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Reyes v. R (Belize)
[2002] UKPC 11
Citation 10
…constitutional interpretation by a number of cases, including Big M at p 331. The passage in Big M to which he referred was one in which Dickson J held that both purpose and effect, which were clearly linked, were relevant in determining constitutionality, but Lord Bingham’s summary of the principles derived fro…
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Rodriguez v Minister of Housing of the Government & Anor (Gibraltar)
[2009] UKPC 52
Citation 11
…sing Allocation Committee [2009] UKPC 52; [2010] UKHRR 144, in which Lady Hale, giving the judgment of the Board, stated (para 11) that provisions in the Gibraltarian Constitution which were equivalent to provisions in the Convention should, if possible, be interpreted as giving no less protection than their equi…
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Williams v The Supervisory Authority (Antigua and Barbuda)
[2020] UKPC 15
Citation 12
…ams v The Supervisory Authority [2020] UKPC 15, para 73 per Lord Sales. The Bermudian Constitution must be interpreted having regard to its historical origins. In his judgment, Lord Sales refers to the Colonial Constitutional Note 23 (CO 1032/283). This confirms that in the 1950s and 1960s the UK was keen to ensu…