In a notably different context, the extent of the article 2 positive obligation was one of the key issues addressed by the Supreme Court in Smith, Ellis and Allbutt v Ministry of Defence [2013] UKSC 41. A majority of the Supreme Court held that the 'Snatch Land Rover claims' should not be struck out on the basis that they fell outside the scope of this obligation (and so the claimants were allowed to proceed to trial). Significantly, the dissenting justices sounded a cautionary note about the possible extension of such an obligation into an area relating to procurement of frontline military equipment and operational military decisions, perceiving these politically-tinged issues as [...]. Lord Hope, who gave the leading majority judgment, concluded that a large degree of discretion should be accorded to the Ministry of Defence and that the claimants' prospects at trial were 'far from clear'.
Answer
essentially non-justiciable in nature
Tags
#freedom-of-person #human-rights #public
Question
In a notably different context, the extent of the article 2 positive obligation was one of the key issues addressed by the Supreme Court in Smith, Ellis and Allbutt v Ministry of Defence [2013] UKSC 41. A majority of the Supreme Court held that the 'Snatch Land Rover claims' should not be struck out on the basis that they fell outside the scope of this obligation (and so the claimants were allowed to proceed to trial). Significantly, the dissenting justices sounded a cautionary note about the possible extension of such an obligation into an area relating to procurement of frontline military equipment and operational military decisions, perceiving these politically-tinged issues as [...]. Lord Hope, who gave the leading majority judgment, concluded that a large degree of discretion should be accorded to the Ministry of Defence and that the claimants' prospects at trial were 'far from clear'.
Answer
?
Tags
#freedom-of-person #human-rights #public
Question
In a notably different context, the extent of the article 2 positive obligation was one of the key issues addressed by the Supreme Court in Smith, Ellis and Allbutt v Ministry of Defence [2013] UKSC 41. A majority of the Supreme Court held that the 'Snatch Land Rover claims' should not be struck out on the basis that they fell outside the scope of this obligation (and so the claimants were allowed to proceed to trial). Significantly, the dissenting justices sounded a cautionary note about the possible extension of such an obligation into an area relating to procurement of frontline military equipment and operational military decisions, perceiving these politically-tinged issues as [...]. Lord Hope, who gave the leading majority judgment, concluded that a large degree of discretion should be accorded to the Ministry of Defence and that the claimants' prospects at trial were 'far from clear'.
Answer
essentially non-justiciable in nature
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Open it nting justices sounded a cautionary note about the possible extension of such an obligation into an area relating to procurement of frontline military equipment and operational military decisions, perceiving these politically-tinged issues as <span>essentially non-justiciable in nature. Lord Hope, who gave the leading majority judgment, concluded that a large degree of discretion should be accorded to the Ministry of Defence and that the claimants' prospects at trial
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