Tier 3 restrictions in Manchester etc
Discussion
It is my opinion that a legal rule that prevents travel within the UK would be susceptible to legal challenge unless made by primary legislation. The current Welsh rules are probably unlawful, but it appears that nobody has challenged them in court as yet.
The challenge would be based on the common law principle of proportionality, supported by Articles 8 and 11 ECHR. There might also be a vires challenge, depending on the statutory basis for the delegated legislation in question.
A court in Spain struck down a local travel ban a couple of weeks ago, but I am not sure if the ban has been upheld on appeal or replaced by a new one.
Cue the fanboys of arbitrary government, saying "all such rules are for your own good and none must question them, ever, ever, ever".
The challenge would be based on the common law principle of proportionality, supported by Articles 8 and 11 ECHR. There might also be a vires challenge, depending on the statutory basis for the delegated legislation in question.
A court in Spain struck down a local travel ban a couple of weeks ago, but I am not sure if the ban has been upheld on appeal or replaced by a new one.
Cue the fanboys of arbitrary government, saying "all such rules are for your own good and none must question them, ever, ever, ever".
Edited by anonymous-user on Thursday 22 October 16:38
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