Publication Type
Case note/Digest
Version
submittedVersion
Publication Date
1-2020
Abstract
The Regulation of Investigatory Powers Act 2000 (“RIPA”) establishes the Investigatory Powers Tribunal (“IPT”), which hears complaints relating to surveillance activities by public authorities. The Supreme Court case of R (Privacy International) v Investigatory Powers Tribunal (“Privacy International”) concerned the Secretary of State’s power under section 5 of the Intelligence Services Act 1994 to issue a warrant authorising MI5, MI6, or GCHQ to enter or interfere with property “specified” in the warrant. The IPT had to decide whether it was lawful for the Secretary of State to issue a warrant in respect of a class of property (sometimes known as a ‘thematic’ warrant), as opposed to some particular property. The IPT concluded that ‘thematic’ warrants are lawful.
Keywords
ouster clauses, privative clauses, Parliamentary sovereignty, separation of powers, administrative law, judicial review, Anisminic
Discipline
Privacy Law
Research Areas
Asian and Comparative Legal Systems
Publication
Public Law
Issue
January 2020
First Page
41
Last Page
49
ISSN
0033-3565
Publisher
Sweet and Maxwell
Citation
ONG, Benjamin Joshua.
The ouster of Parliamentary sovereignty?. (2020). Public Law. 41-49.
Available at: https://ink.library.smu.edu.sg/sol_research/3068
Creative Commons License
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