‘This piece considers two recent decisions – one by the Court of Appeal (“CA”): D4 v Secretary of State for the Home Department [2022] EWCA Civ 33, and the other by the Supreme Court (“SC”): R (The Project for the Registration of Children as British Citizens) v Secretary of State for the Home Department [2022] UKSC 3 (“PRCBC”). At a general level, the cases raised similar issues: both involved challenges to delegation legislation on grounds that they were ultra vires; both related to citizenship – D4 about its deprivation, PRCBC about its conferral. This piece seeks to draw some threads from the two cases about statutory interpretation and the common law in the context of citizenship.’
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UK Constitutional Law Association, 9th February 2022
Source: ukconstitutionallaw.org