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Supreme Court says secret UK spy court's judgments can be overruled after all
Britain's Supreme Court said today that rulings from a secretive UK spy tribunal can now be appealed against after a legal challenge from pressure group Privacy International.
1. The Investigatory Powers Tribunal ("IPT") is a special tribunal established under the Regulation of Investigatory Powers Act 2000 ("RIPA") with jurisdiction to examine, among other things, the conduct of the Security Service, the Secret Intelligence Service and the Government Communications Headquarters ("the intelligence services").
[...]
3. Reduced to its core the central issue in the present case is: what if any material difference to the court's approach is made by any differences in context or wording, and more particularly the inclusion, in the parenthesis to section 67(8), of a specific reference to decisions relating to "jurisdiction"?
The statutory provisions
4. The legislative scheme established by RIPA replaced three earlier statutes dealing with the oversight of the security services. Its enactment was closely linked to that of the Human Rights Act 1998 ("HRA"), which was brought into force at the same time.
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The European Court of Human Rights [ECHR] has held that the Act and the rules provide an effective and compliant remedy for complaints in respect of interception with communications, for the purposes of article 13 of the Convention (Kennedy v United Kingdom (2011) 52 EHRR 4).
The judge also commented in an aside in the 113-page judgment that MPs cannot make laws that stop the High Court from enforcing the law: "Parliament cannot entrust a statutory decision-making process to a particular body, but then leave it free to disregard the essential requirements laid down by the rule of law for such a process to be effective."
narrow finding of law in re: communications, surveillance, and disposition of communications seized; more broadly, separation of powers

reference
UK judiciary

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by Cat on Wed May 15th, 2019 at 11:04:07 PM EST
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