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A and X v Secretary of State for the Home Department

[2005] AC 68

Case summary last updated at 05/01/2020 19:07 by the Oxbridge Notes in-house law team.

Judgement for the case 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":”

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