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The House of Lords allowed the appeal. Lord Steyn gave the leading judgment. Lord Hoffmann agreed with Lord Steyn and said the following. [note 1]Parliamentary sovereignty means that Parliament can, if it chooses, legislate contrary to fundamental principles of human rights.
R. (Adam, Limbuela and Tesema) v Secretary of State for the Home Department was a case decided on 3 November 2005 by the UK House of Lords that determined whether or not a delay in initiating an application to seek asylum limited an individual from receiving access to state relief. [1]
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Lord Hoffmann in a case, R (Simms) v Home Secretary, which bridged the introduction of the Human Rights Act, said: [10] Parliamentary sovereignty means that Parliament can, if it chooses, legislate contrary to fundamental principles of human rights. The Human Rights Act 1998 will not detract from this power.
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The case was first heard by a Divisional Court, composed of Watkins LJ and Mann J. Mann, with Watkins concurring, rejected the Northumbria Police Authority's argument, saying that under the Royal Prerogative HM Government retained the right to do whatever "was necessary to meet either an actual or an apprehended threat to the peace", something that had not previously been recognised as a ...
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