Majewski, Kacper Author aut Text xx# 2024 Verfassungsblog 2024-05-06 eng

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After long and tortuous proceedings in Parliament, the Safety of Rwanda (Asylum and Immigration) Act 2024 finally received Royal Assent on Thursday 25 April. There are so many problems with the Act and they are so fundamental that there has been speculation that the courts might refuse to apply some of the Act’s provisions. In this blogpost, I suggest that aside from the ‘hard-line’ approach of striking down or disapplying the statute in whole or in part, the courts also have a ‘soft-line’ option of declaring its unconstitutionality without denying its status as binding law. I explain how such an intervention might fit into the constitutional tradition of the UK and what may make it attractive in the case at hand. CC BY-SA 4.0 Majewski, Kacper Judicial Review Migration Safety of Rwanda Act Safety of Rwanda Bill UK UK Constitutionalism declaration of incompatibility migration law soft judicial review Migration 342 https://verfassungsblog.de/unconstitutionality-a-langlaise/ 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.59704/bd8a3811bd7a8a0f 240506 10.59704/bd8a3811bd7a8a0f Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)