S Faran ‘Prerogative Rights, Human Rights and Island People: the Pitcairn and Chagos Island Cases [2007] PL 414
Judgement for the case S Faran ‘Prerogative Rights, Human Rights and Island People: the Pitcairn and Chagos Island Cases
Table Of Contents
Says that secondary legislation has to apply with HRA 1998 as well as primary legislation.
However the downside is that if the orders to build the US base had been made by primary legislation then the remedy would have to be either political or through the declaration of incompatibility which, Faran points out, is an ineffective remedy (due to time it takes + no legal obligation to comply + ability of minister alone to arbitrarily change the law)
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