1. ‘Complete separation is impossible. There must be a point, however, at which partial separation is not worthy of the name. Where, then, should the lines be drawn? And how should the lines that are drawn be enforced?’ (C. Saunders, ‘Separation of Powers and the Judicial Branch’ [2006] Judicial Review 337, 338)
Discuss.
118 V and T v United Kingdom (1999) 30 EHRR 121.
119 R v Secretary of State for the Home Department, ex parted Venables [1998] AC 407, 526 (Lord Steyn). See also R v Secretary of State for the Home Department, ex parted Anderson [2003] 1 AC 837.
120 See, for discussion, I. Leigh and R. Master man, Making Rights Real: The Human Rights Act in its First Decade (Oxford: Hart Publishing, 2008), p. 128.
121 T. R. S. Allan, Constitutional Justice: a Liberal Theory of the Rule of Law (Oxford: Oxford University Press, 2001), p. 133.
122 S eel the discussion of Jackson and Others v Her Majesty’s Attorney-General [2005] UKHL 56, at pp. 160 – 61.