‘It is still relatively uncontroversial to suggest that, as a matter of public law, public authorities must comply with legislation. But what should public authorities do where such compliance would actually result in a breach of a right under the European Convention on Human Rights? In RR v Secretary of State for Work and Pensions [2019] UKSC 52, the Supreme Court held that it is not unconstitutional for a public authority to disapply a provision of subordinate legislation to avoid breaching a convention right. This is necessary under the Human Rights Act 1998. Public authorities will be looking to the horizon to see what impact this decision may have more widely.’
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Law Society's Gazette, January 2020
Source: www.lawgazette.co.uk