Professor Gearty: UKSC reverts to legal formalist approach under Lord Reed
Professor Conor Gearty, of LSE, has surveyed the jurisprudence of the UK Supreme Court under Lord Reed’s leadership, suggesting that it has “reverted to an approach rooted in legal formalism, an extremely narrow reading of the rule of law, while displaying an old-school lack of interest in the lived experiences of those whose plights have brought them to the judges’ attention”.
Of Lord Reed’s judgment rejecting the appeal of Shamima Begum, Professor Gearty writes that it is “almost impenetrably legalistic, with multiple appellate routes simultaneously identified, each with its own legal framework and entailing a different standard of review in the court called on to assess its legality”.