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Compulsory seen question for Administrative Law Examination: May

2006

Section A: Compulsory seen question to be answered by ALL


candidates

(1) Why did the House of Lords decide to grant a declaration of


incompatibility in the case of the Belmarsh detainees (A v Secretary of State
Home Office [2004] UKHL 56)?

In preparing the answer to this question students should first concentrate on the lead judgment of Lord
Bingham which sets out the facts of the case and provides an overview of the reasoning. It will also be
useful to look at other judgments. For example, Lord Hoffman took a different line from the other judges.

There are number of references to the judgment in academic journals.. For example, see A Tomkins
‘Readings of A v Secretary of State for the Home Department’ [2005] Public Law 259.

There is also a discussion of the case in the terrorism context in a chapter of a book on terrorism due out
later this year which has been placed on this website:

P. Leyland ‘Combating Terrorism and the Protection of Individual Rights in the UK: achieving a balance
between legislative provision, executive power and judicial oversight’, 1996.

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