The operative word being "if". The provision has gone through a number of cases at Strasbourg and it is far from clear that Higgs is accurately reflective of that jurisprudence.
Posts by Anurag Deb
The NI comparison underlines how Higgs was a *bewilderingly* contra legem/against the grain interpretation of the Equality Act.
Most(?) academics celebrated the Court of Appeal’s judgment in Higgs v Farmor School last year.
We didn’t. See why here: papers.ssrn.com/sol3/papers....
@anuragdeb.bsky.social @samuelwillis.bsky.social
There was also a logistical reason why a broad power of secondary legislation was favoured under s2(2) ECA 1972. Dynamic alignment may leave little room for legislative manoeuvring. Parliament may thus have to pass Bills where amendments are difficult/impossible. A bad use of its limited time.
I'm using Derrida in my thesis and his writing is enjoyable if inaccessible. I'm going over my thesis and saying "he uses X but I will use Y". It's difficult to straightforwardly use "différance" and "sur-vivre" if I don't want large expository sections on what they mean (and I don't).
RIP Asha Bhosle, legend of music. Long before she was made famous in the west thanks to Cornershop, her honeyed voice lit up Bollywood classics, including this masterclass in sensual poetry: youtu.be/pwsjRraWgdA?...
Every time I visit my parents in Kolkata in the winter, I walk around in t-shirts and they complain about how 3 layers isn't enough to keep warm (it's 15-18C).
"Isn't he cold?!" my aunts ask.
"No, he's Irish" my mother answers.
Catherine Connolly announces Councll of State nominees:
Fionnuala Ní Aoláin (QUB lawyer)
Linda Ervine (Unionist Gaeilge advocate)
Colin Harvey (QUB human rights)
Kathleen Lynch (UCD sociology)
Donncha O’Connell (Uni Galway law)
Conor O’Mahony (UCC law)
Ciarán Ó hÓgartaigh (former pres Uni Galway)
You've misspelled "commiserations" Rob.
Thesis index
Like a creature from the deep, a thesis emerges (to haunt me)
I imagine it would make both short and long titles quite unwieldy. Even the long titles typically end with something like "matters connected therewith and thereto" or, in more recent statutes "for connected purposes".
An important reminder (that there are insights to be gleaned from the UK's different jurisdictions as the UKSC is due to hear the Campbell appeal later this year) from one of the leading authorities on UK Law Officers 👇
I once almost returned proofs with "pubic law".
I'd add: Roger looks incredibly happy to be a part of this high octane adventure.
Watch this space!
The judgment I was specifically asked to address the tribunal on was R(O) v Home Secretary [2022] UKSC 3. Specifically Lord Hodge at para 29. 2/2
It was a social security appeal around the issue of a specific type of payment the appellant had received and whether the statutory scheme exempted that payment from being considered income. I said yes, the department said no, and the tribunal agreed with me (thankfully!) 1/
Apparently we've reached the nostalgia phase of meme usage, so this is an ideal time for the legal academy to use more memes in scholarship. We've only really explored copyright issues. We haven't even begun to imagine the fun Public Law (the field + the journal) would have with memes.
Thanks! As for publication, I'll take the lawyerly route and say "it depends" 😂
(Nervously) excited to say that I'll be leaving legal practice after almost 12 years to join the NI Assembly as a research officer in European Affairs. Out with briefing counsel and in with briefing committees + legislators.
Waves on the shore at Ostia, Italy.
Today's view from the office
Hall of the Horatii and the Curiatii, Appartamento dei Conservatori, Palazzi del Campidoglio, Rome. The Treaties of Rome were signed here, establishing the European Communities in 1957.
The birthplace of the European Union*
*before it was the EU.
I once fell asleep (drunk) on a train from Den Haag, intending to get off at Rotterdam. I was woken up by railway staff in Eindhoven.
"interest in history"
I have a letter in today’s Irish Times about Ireland and the ECHR and the apparent shift in the Irish government’s position towards reform of the Convention signalled recently by the Minister for Justice, Jim O’Callaghan TD #ECHR
The third woman (Mrs Justice Smyth) joins the senior judiciary in NI, over a decade after the first two women (including the present Lady Chief Justice): m.belfasttelegraph.co.uk/news/norther...
Also featuring reflections on some difficult to follow reasoning on merits review in natsec contexts. Is it merits review? Is it reasonableness review? Does the court only care about whether executive decisions have been rubber stamped? 🤷
The Supreme Court has made a huge mess when it comes to the approach to be adopted in appeals to and from SIAC
The position is now so convoluted that it should be fundamentally reconsidered. How is anyone meant to apply the following? (Taken from today’s decision in Kolicaj [2025] UKSC 49):
Just in time for Christmas, a detailed look at the possible remedies for breaches of Article 2 of the Windsor Framework. Launched today and ft. @aoifemod.bsky.social @colinmurray.bsky.social, @sylviademars.me, Eleni Frantziou and me. A great gift for the whole family 😊
nihrc.org/publication/...