‘On 23 May 2025, the Court of Appeal held that the Conservative Party was not exercising a ‘public function’ for the purposes of s 6 of the Human Rights Act 1998 when it elected Liz Truss as party leader, who would go on to be appointed as the Prime Minister: R (Tortoise Media Ltd) v Conservative and Unionist Party [2025] EWCA Civ 673. While this judgment has been described as ‘orthodox’ by Lewis Graham in the Administrative Court Blog, a broader question was left open by the Court about whether the ‘advice’ of an outgoing Prime Minister to the Sovereign as to who should be invited to become Prime Minister and form a government is justiciable.’
UK Constitutional Law Association, 29th May 2025
Source: ukconstitutionallaw.org
