Yossi Nehushtan and Faye Thomas: Retrospective Rule Making, the Rule of Law, and UK Immigration Policy – UK Constitutional Law Association

Posted May 27th, 2026 in news by michael

‘In this post we differentiate between two types of retrospective rule making (RRM): RRM in the strong sense and RRM in the weak sense. We then argue that both types of RRM may violate the rule of law to a similar extent, and that both can be morally indefensible, and potentially illegal. We conclude by arguing that important aspects of UK immigration policy, namely the ever-increasing visa application fees and the introduction of an annual salary threshold, are the result of RRM in the weak sense, and that they are morally indefensible and perhaps also illegal.’

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UK Constitutional Law Association, 27th May 2026

Source: ukconstitutionallaw.org