R v Secretary of State for the Home Department, ex parte Simms
| Jurisdiction | UK Non-devolved |
| Judge | LORD BROWNE-WILKINSON,LORD STEYN,LORD HOFFMANN,LORD HOBHOUSE OF WOODBOROUGH,LORD MILLETT |
| Judgment Date | 08 July 1999 |
| Judgment citation (vLex) | [1999] UKHL J0708-3 |
| Court | House of Lords |
| Date | 08 July 1999 |
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526 cases
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R (Miller and Another) v Secretary of State for Exiting the European Union; Re McCord's application
...intended that the Great Repeal Bill will come into force at that point. 35 As was made clear by Lord Browne-Wilkinson in R v Secretary of State for the Home Department, Ex p Fire Brigades Union [1995] 2 AC 513, 552, ministers' intentions are not law, and the courts cannot proceed on the as......
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Michael Thomas Leeds and Kevin John Hellard (in their capacity as the joint trustees in bankruptcy of the estate of Mr Christos Pandelis Lemos) v Christos Pandelis Lemos and Others
...contained in "the Documents". The Master of the Rolls said that he could see no reason why the principles in the Derby Magistrates case, the Simms case and the Morgan Grenfell case should not apply in answering that question. That is a reference to R v Derby Magistrates' Court ex parte B [1......
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Avonwick Holdings Ltd v Shlosberg
...they are covered by legal professional privilege. He quoted the following passage from the speech of Lord Hoffmann in R v Secretary of State for the Home Department, Ex p Simms [2000] 2 AC 115, at 131 as succinctly stating the principle of statutory construction: "Parliamentary sovereignty ......
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R W, X, Y and Z v The Secretary of State for Health The Secretary of State for the Home Department (Interested Party) The British Medical Association (Intervener)
...Office, they have no power to transmit the Information. 54 In support of his argument, Mr Wolfe relies on well known cases such as R v SSHD, ex p Simms [2000] 2 AC 115 and R (Daly) v SSHD [2001] UKHL 26, [2001] 2 AC 532. The principle that fundamental rights cannot be overridden or infring......
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67 books & journal articles
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The Constitution and the Substantive Principles of Judicial Review: The Full Scope of the Entrenched Minimum Provision of Judicial Review
...178 Al-Kateb v Godwin (2004) 219 CLR 562. 179 S157 (2003) 211 CLR 476, 492 (Gleeson CJ) (quoting R v Home Secretary; Ex parte Simms [2000] 2 AC 115, 131). 180 Electrolux (2004) 221 CLR 309, 328. 181 WMC Gummow, 'The Constitution: Ultimate Foundation of Australian Law?' (2005) 79 Australian ......
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Can Parliament Confer Plenary Executive Power? the Limitations Imposed by Sections 51 and 52 of the Australian Consitution
...for the purposes of the Constitution – now requires a closer look. 152 R v Secretary of State for the Home Department; Ex parte Simms [2000] 2 AC 115, 131 (Lord Hoffman). 153 See, eg, TRS Allan, The Sovereignty of Law: Freedom, Constitution and Common Law (Oxford University Press, 2013); Th......
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Human Rights Protection in Australia: Interpretation Provisions and Parliamentary Supremacy
...should be avoided unless it is plainly impossible to do so: see, eg, R v Secretary of State for the Home Department; Ex parte Simms [2000] 2 AC 115, 132 (Lord Hoffmann). 79 See the Human Rights Act 1998 (UK) ss 10–12. In R(H) and International Transport, ibid, the government responded to ad......
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Should advocates' immunity continue?
...has belatedly acknowledged the systemic nature of this problem: see, eg, R v Secretary of State for the Home Department; Ex parte Simms [2000] 2 AC 115. (199) [1982] AC (200) Arthur Hall [2002] 1 AC 615, 705. (201) Ibid 705-6. (202) Giannarelli (1988) 165 CLR 543, 558. (203) See, eg, Goudka......
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