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Public law and Regulation

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01 MAY 2012

Easter term in the Supreme Court

The Supreme Court will be dealing with some important public law cases this Easter term. The following cases are due to be heard in the coming months:

1.       R (Alvi) v Secretary of State for the Home Department - from 24 April three days have been allocated to hear this appeal, which is being heard together with Secretary of State for the Home Department v Munir. The primary issue is whether the Court of Appeal decision in Pankina v Secretary of State for the Home Department was correctly decided. In Pankina it was decided that the time had come to recognise that, by a combination of legislative recognition and executive practice, the rules made by Home Secretaries for regulating immigration have ceased to be policy and have acquired a status akin to that of law. This is important because a policy document that purported to change the immigration rules had not been laid before Parliament. This case therefore the raises an issue of constitutional importance and of real difficulty.

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