Democratic Deficit in UK Law

Leading Cases
  • R (Agyarko) v Secretary of State for the Home Department
    • Supreme Court
    • 22 February 2017

    For example, if an applicant would otherwise be automatically deported as a foreign criminal, then the weight of the public interest in his or her removal will generally be very considerable. If, on the other hand, an applicant — even if residing in the UK unlawfully — was otherwise certain to be granted leave to enter, at least if an application were made from outside the UK, then there might be no public interest in his or her removal.

  • Ali v Secretary of State for the Home Department
    • Supreme Court
    • 16 November 2016

    Whilst alone they cannot be decisive, they must be afforded significant weight. Accordingly, national decision-making bodies should in principle advert to and assess evidence in respect of the practicality, feasibility and proportionality of any removal of a non-national parent in order to give effective protection and sufficient weight to the best interests of the children directly affected by it (Jeunesse, paras 108–109).

    Cases not covered by those rules (that is to say, foreign offenders who have received sentences of at least four years, or who have received sentences of between 12 months and four years but whose private or family life does not meet the requirements of rules 399 and 399A) will be dealt with on the basis that great weight should generally be given to the public interest in the deportation of such offenders, but that it can be outweighed, applying a proportionality test, by very compelling circumstances: in other words, by a very strong claim indeed, as Laws LJ put it in SS (Nigeria). The countervailing considerations must be very compelling in order to outweigh the general public interest in the deportation of such offenders, as assessed by Parliament and the Secretary of State.

  • SL (Unmarried mother with mixed race child)
    • Upper Tribunal (Immigration and Asylum Chamber)
    • 16 April 2012

    The Intersection of Gender, Ethnicity and Islam in Azerbaijan, Nayereh Tohidi

  • R (MM (Lebanon)) v Secretary of State for the Home Department
    • Supreme Court
    • 22 February 2017

    As Lord Reed has shown ( Hesham Ali, paras 46f), although the tribunal must make its own judgment, it should attach considerable weight to judgments made by the Secretary of State in the exercise of her constitutional responsibility for immigration policy. The weight to be given to the rules or Departmental guidance will depend on the extent to which matters of policy or implementation have been informed by the special expertise available to the Department.

  • Castle v DPP
    • Queen's Bench Division (Administrative Court)
    • 14 April 2014

    Secondly, in a case such as the present a wide margin of discretion must be accorded to the decision makers who are possessed of local, specialist, knowledge that the court does not have and which the court should hence be loathe to second-guess.

  • R the Director of Public Prosecutions v Stratford Magistrates Court Angela Ditchfield, Isa Alaali, Thomas Franklin, Lisa Butler, Susannah Mengesha, Bram Vranken, Luis Torrejon and Javier Neidhart (Interested Parties)
    • Queen's Bench Division (Administrative Court)
    • 14 July 2017

    Although it is not possible to set out all-embracing principles which can be derived from these cases, certain themes emerge. First, the defence under s.3(1) of the CLA 1967 operates as a justification for the use of force rather than an excuse to use force, and is linked to the concept of necessity.

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Legislation
  • Online Safety Act 2023
    • UK Non-devolved
    • January 01, 2023
    ... ... (e) (e) the duties to protect content of democratic importance set out in section 17, ... (f) (f) the duties to protect news ... (8) Any deficit or surplus shown (after applying this subsection for all previous years) ... ...
  • Data Protection Act 2018
    • UK Non-devolved
    • January 01, 2018
    ... ... (e) an activity that supports or promotes democratic engagement ... Annotations: Amendments (Textual) # F86 Words in s. 8 ... the extent that the Secretary of State considers appropriate, any deficit previously incurred (whether before or after the passing of this Act) in ... ...
  • Finance (No. 2) Act 2023
    • UK Non-devolved
    • January 01, 2023
    ... ... Vincent and the GrenadinesZimbabweCongo (Democratic Republic) KenyaSao Tome and PrincipeCosta RicaKuwaitSaudi Arabia ... (9) ... (basic rule for deficits: carry forward to accounting periods after deficit" period) is amended as follows.(2) In subsection (1) , after “section 458\xE2" ... ...
  • Appropriation Act 2002
    • UK Non-devolved
    • January 01, 2002
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Books & Journal Articles
  • Democratic Deficit
    • No. 11-1, March 2020
    • Political Insight
    • 0000
  • The European Union Democratic Deficit
    • No. 5-2, April 2006
    • European Journal of Political Theory
    • 0000
    I outline the current debate over the European Union democratic deficit in terms of differing methodological approaches towards the realization of freedom and basic ...
  • The Democratic Deficit in the European Union
    • No. 4-1, March 2003
    • European Union Politics
    • 0000
    This paper studies the democratic deficit in the European Union (EU). It examines what constitutes a democratic deficit, analyzes whether there is one in the EU, and offers suggestions for a soluti...
  • The democratic deficit and school‐based management in Australia
    • No. 49-2, March 2011
    • Journal of Educational Administration
    • 179-199
    Purpose: The paper seeks to apply the theory of the democratic deficit to school‐based management with an emphasis on Australia. This theory was developed to examine managerial restructuring of the...
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Law Firm Commentaries
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