A and X v Secretary of State for the Home Department

 Case on detaining indefinitely foreign terror suspects without trial. 

 

Lord Bingham: “In Smith and Grady v United Kingdom (1999) 29 EHRR 493 the traditional Wednesbury approach to judicial review( see Associated Provincial Pictures Houses Ltd v Wednesbury Corpn [1948] 1 KB 223 ) was held to afford inadequate protection. It is now recognised that "domestic courts must themselves form a judgment whether a Convention right has been breached" and that "the intensity of review is somewhat greater under the proportionality approach":”