London Daily

Focus on the big picture.
Saturday, Aug 23, 2025

Shamima Begum ruling sets dangerous precedent, say legal experts

Shamima Begum ruling sets dangerous precedent, say legal experts

Analysis: decision not to allow Begum back into UK seems to give complete discretion to home secretary
In ruling that Shamima Begum should not be allowed to return to the UK, the supreme court justices say a home secretary’s assessment should be “respected”.

The home secretary, they say, is privy to intelligence materials from the security services, which in the case of Begum would have informed their decision to strip her of her British citizenship, a privilege that bolsters their authority.

The former home secretary who took the original decision, Sajid Javid, and his successor, Priti Patel, have seized on this, celebrating the ruling as confirmation of the home secretary’s authority in making decisions related to national security.

But the justices add that the home secretary’s decision should also be respected because they are ultimately “democratically accountable” – and if the electorate disagree with them, they can be re-elected or removed.

In presenting their ruling, the justices cite the views of a former lord justice of appeal, Lord Hoffmann: “It is not only that the executive has access to special information and expertise in these matters.

“It is also that such decisions, with serious potential results for the community, require a legitimacy which can be conferred only by entrusting them to persons responsible to the community through the democratic process. If the people are to accept the consequences of such decisions, they must be made by persons whom the people have elected and whom they can remove.”

In other words, the electorate can decide if they thought the home secretary got it right – and reflect that in the way they vote.

In depriving Begum of her citizenship, Javid as home secretary was accused of being “populist”, exploiting for political gain the deep anger and disgust many held against Begum for her support of the violent terrorist group Islamic State, and ignoring fundamental human rights protections, specifically the right to a fair trial.

The rage against Begum is palpable. A YouGov survey in November found 70% of the public did not want her to return. Social media is awash with vitriol directed at her. The Conservative government, Javid and his successor, Patel, are unlikely to suffer at the ballot box based on their decision to keep Begum out of the UK. So, politically, it was not a bad call.

But in matters of law and the fundamental human rights designed to protect all of us, legal experts say the ruling sets a dangerous precedent.

Rosie Brighouse, a lawyer with Liberty, said: “The right to a fair trial is not something democratic governments should take away on a whim, and nor is someone’s British citizenship.

“If a government is allowed to wield extreme powers like banishment without the basic safeguards of a fair trial it sets an extremely dangerous precedent.

“The security services have safely managed the returns of hundreds of people from Syria but the government has chosen to target Shamima Begum.”

Devyani Prabhat, a professor of law at the University of Bristol, said the supreme court’s judgment was “a classic instance of deference to the powers of the home secretary in matters of national security”.

Prabhat added: “From a human rights perspective, this is a very disappointing decision as it seems to offer complete and whole discretion to the home secretary and has an unsatisfying view on fair trial rights and how people can be kept ‘in limbo’.”

The supreme court justices argue that the right to a fair hearing does not trump all other considerations, such as the safety of the public.

But this only stands if the decision was based solely on national security concerns, and not politics.

So if, as the justices suggest, it is ultimately for the electorate to judge these decisions, then voters might ask: do they trust the home secretary to impartially balance human rights considerations with national security concerns and not let politics interfere?
Newsletter

Related Articles

0:00
0:00
Close
Bunkers, Billions and Apocalypse: The Secret Compounds of Zuckerberg and the Tech Giants
Ukraine Declares De Facto War on Hungary and Slovakia with Terror Drone Strikes on Their Gas Lifeline
Animated K-pop Musical ‘KPop Demon Hunters’ Becomes Netflix’s Most-Watched Original Animated Film
New York Appeals Court Voids Nearly $500 Million Civil Fraud Penalty Against Trump While Upholding Fraud Liability
Elon Musk tweeted, “Europe is dying”
Far-Right Activist Convicted of Incitement Changes Gender and Demands: "Send Me to a Women’s Prison" | The Storm in Germany
Hungary Criticizes Ukraine: "Violating Our Sovereignty"
Will this be the first country to return to negative interest rates?
Child-free hotels spark controversy
North Korea is where this 95-year-old wants to die. South Korea won’t let him go. Is this our ally or a human rights enemy?
Hong Kong Launches Regulatory Regime and Trials for HKD-Backed Stablecoins
China rehearses September 3 Victory Day parade as imagery points to ‘loyal wingman’ FH-97 family presence
Trump Called Viktor Orbán: "Why Are You Using the Veto"
Horror in the Skies: Plane Engine Exploded, Passengers Sent Farewell Messages
MSNBC Rebrands as MS NOW Amid Comcast’s Cable Spin-Off
AI in Policing: Draft One Helps Speed Up Reports but Raises Legal and Ethical Concerns
Shame in Norway: Crown Princess’s Son Accused of Four Rapes
Apple Begins Simultaneous iPhone 17 Production in India and China
A Robot to Give Birth: The Chinese Announcement That Shakes the World
Finnish MP Dies by Suicide in Parliament Building
Outrage in the Tennis World After Jannik Sinner’s Withdrawal Storm
William and Kate Are Moving House – and the New Neighbors Were Evicted
Class Action Lawsuit Against Volkswagen: Steering Wheel Switches Cause Accidents
Taylor Swift on the Way to the Super Bowl? All the Clues Stirring Up Fans
Dogfights in the Skies: Airbus on Track to Overtake Boeing and Claim Aviation Supremacy
Tim Cook Promises an AI Revolution at Apple: "One of the Most Significant Technologies of Our Generation"
Apple Expands Social Media Presence in China With RedNote Account Ahead of iPhone 17 Launch
Are AI Data Centres the Infrastructure of the Future or the Next Crisis?
Cambridge Dictionary Adds 'Skibidi,' 'Delulu,' and 'Tradwife' Amid Surge of Online Slang
Bill Barr Testifies No Evidence Implicated Trump in Epstein Case; DOJ Set to Release Records
Zelenskyy Returns to White House Flanked by European Allies as Trump Pressures Land-Swap Deal with Putin
The CEO Who Replaced 80% of Employees for the AI Revolution: "I Would Do It Again"
Emails Worth Billions: How Airlines Generate Huge Profits
Character.ai Bets on Future of AI Companionship
China Ramps Up Tax Crackdown on Overseas Investments
Japanese Office Furniture Maker Expands into Bomb Shelter Market
Intel Shares Surge on Possible U.S. Government Investment
Hurricane Erin Threatens U.S. East Coast with Dangerous Surf
EU Blocks Trade Statement Over Digital Rule Dispute
EU Sends Record Aid as Spain Battles Wildfires
JPMorgan Plans New Canary Wharf Tower
Zelenskyy and his allies say they will press Trump on security guarantees
Beijing is moving into gold and other assets, diversifying away from the dollar
Escalating Clashes in Serbia as Anti-Government Protests Spread Nationwide
The Drought in Britain and the Strange Request from the Government to Delete Old Emails
Category 5 Hurricane in the Caribbean: 'Catastrophic Storm' with Winds of 255 km/h
"No, Thanks": The Mathematical Genius Who Turned Down 1.5 Billion Dollars from Zuckerberg
The surprising hero, the ugly incident, and the criticism despite victory: "Liverpool’s defense exposed in full"
Digital Humans Move Beyond Sci-Fi: From Virtual DJs to AI Customer Agents
YouTube will start using AI to guess your age. If it’s wrong, you’ll have to prove it
×