Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Secretary of State for the Home Department definition

What does Secretary of State for the Home Department mean? In UK legal practice, the Secretary of State for the Home Department (the Home Secretary or “SSHD”) is the minister who leads the Home Office and is the primary decision-maker in UK immigration, asylum and nationality matters, as well as passports, counter‑terrorism and aspects of policing. Legislation commonly names “the Secretary of State” or specifically “the Secretary of State for the Home Department” as the competent authority. Under the Immigration Act 1971 and related statutes (including the British Nationality Act 1981), the SSHD makes the Immigration Rules, grants or refuses entry clearance and leave to remain, orders deportation, authorises immigration detention,...

Applying Strasbourg Jurisprudence in UK Courts: HRA 1998 s 2, the Mirror Principle, Margin of Appreciation, Exceptions and Stare Decisis

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Practice notes

Where a UK court or tribunal is confronted with an issue engaging a Convention right, it must take into account any judgment or decision of the European Court of Human Rights. In reality, the prevailing judicial approach has been to regard final decisions of the Strasbourg Court as effectively binding unless there is a sound reason to depart. This Practice Note accordingly summarises the core principles governing the standing of Strasbourg jurisprudence in the UK courts.

Background to HRA 1998, s 2

The UK was the first state to ratify the European Convention on Human Rights in March 1951. Until the Human Rights Act 1998, however, the Convention was not part of domestic law, so UK courts lacked authority to give effect to Convention rights (see: R v Secretary of State for the Home Department ex parte Brind). Even so, courts paid regard to Strasbourg rulings prior to the HRA 1998 (see: Derbyshire County Council v Times Newspapers). The purpose of the HRA 1998 was to enable UK courts to give effect to Convention rights in the first instance, rather than require individuals to...

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Alexander Campbell

Cornerstone Barristers

Alex is a skilful and experienced barrister whose practice primarily spans issues of public law and property law. Alex’s experience of complex public law issues including human rights, equality issues makes him extremely well-placed to assist clients in litigation across the many fields of law in which these issues arise.Alex has been praised by judges as an 'excellent’ advocate, for his ‘forensic precision’ in approaching cases and has been described as ‘an expert’ in his fields of practice. He is well-liked by clients for his approachable manner and for his ability to bring clarity to complex cases. He is ranked in Chambers and Partners 2018 and is described as a ‘rising junior with a growing reputation’.Alex was called to the Bar after an exceptionally strong academic background. Alex holds a law degree from Trinity College, Cambridge and was awarded multiple prizes for his...

Eric Metcalfe

Monckton Chambers

Eric Metcalfe is a barrister at Monckton Chambers specialising in public law, EU law and human rights. Called to the Bar in 1999, he spent almost nine years as the director of human rights policy at JUSTICE before joining Monckton in 2011. He is listed by the Legal 500 as a leading junior in the field of Civil Liberties and Human Rights. His most recent cases include R(Public Law Project) v Secretary of State for Justice [2014] EWHC 2365 (Admin) and Bingham Centre v Information Commissioner (EA/2014/0097), and he is currently instructed by Liberty in proceedings before the Investigatory Powers Tribunal against the UK intelligence services.PublicationsContributor to the Rights and Freedoms volume of the 5th edition of Halsbury’s Laws (LexisNexis, 2013).Editor in Chief of the Human Rights Law Reports - UK Cases (Sweet &...

Web page updated on 21/05/2026

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