‘Recent public law cases concerning dualism––the operative divide between international and domestic jurisprudence––have prompted renewed debate about the constitutional role of judicial review in the United Kingdom. At first glance, decisions such as R (FDA) v Minister for Cabinet Office [2024] EWHC 1729 (Admin); and R (Al Haq) v Secretary of State for Business and Trade [2025] EWCA Civ 1433 appear to signal a retreat from the more dualism-sceptical trajectory associated with earlier authorities like R (Atamewan) v Secretary of State for the Home Department [2013] EWHC 2727 (Admin), R (Galdikas) v Secretary of State for the Home Department [2016] EWHC 942 (Admin), and R (KTT) v Secretary of State for the Home Department [2021] EWHC 2722 (Admin). Yet this interpretation is too hasty. What the recent case law reveals is not a straightforward re-entrenchment of orthodox dualism, but the consolidation of a more procedurally conservative judicial posture centred on coherence, justification, and institutional restraint.’
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UK Constitutional Law Association, 9th June 2026
Source: ukconstitutionallaw.org