London Daily

Focus on the big picture.
Wednesday, Jun 03, 2026

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
Japanese Technology Firm Fujitsu Launches Advanced Artificial Intelligence Tool for Corporate Disclosures
South Africa Officially Launches Nationwide Campaign for Highly Contested Local Government Elections
United Kingdom Commits Additional Funding for Unexploded Ordnance Clearance in Laos
Singapore Announces Stringent New Greenhouse Gas Regulations for Commercial Cooling Systems
Cambodia and Thailand Hold High-Level Border Security Talks at United Nations Headquarters
Myanmar Military Government and China Sign Major Agreement to Upgrade Media and Cultural Cooperation
Knife Attack at Swiss Train Station Leaves Three Injured in Suspected Act of Domestic Terrorism
Transnational Extortion Gang Threatens Canadian Police With Army of One Thousand Armed Operatives
Australia Imposes Forty-Two-Day Quarantine on Cruise Ship Passengers Following Deadly Hantavirus Outbreak
International Monetary Fund Unlocks Seven Hundred Million United States Dollars for Sri Lanka Following Economic Reforms
Australia Launches Record One Point Four Billion Dollar Lawsuit Against Chemical Giant 3M Over Contamination
China and Canada Foreign Ministers Meet in Ottawa in Effort to Stabilize Strained Diplomatic Ties
Indonesia Demands Urgent United Nations Security Council Reform Amid Escalating Global Conflicts
Extreme Weather Patterns Trigger Severe Drought in Madagascar and Destructive Flooding in East Africa
Indian State of Karnataka Faces Political Upheaval as Chief Minister Siddaramaiah Abruptly Resigns
Philippines and Japan Reaffirm Defense Ties as Crucial for Indo-Pacific Regional Stability
Norway Joins French Nuclear Deterrence Initiative in Major Shift for European Security Architecture
Global Critical Mineral Alliances Expand as Western Nations Move to Counter Chinese Supply Dominance
United States Imposes Fifty Percent Tariffs on Mexican Steel and Aluminum Ahead of Trade Pact Review
European Union and China Head Toward Major Trade Conflict Over Clean Technology Exports
United States Economic Growth Severely Downgraded to One Point Six Percent as Stagflation Fears Mount
World Health Organization Warns Central African Ebola Epidemic is Outpacing Containment Efforts
United States Treasury Department Conditions Sanctions Relief on Reopening of the Strait of Hormuz
Iranian Air Defenses Intercept and Destroy United States Military Drone Over Bushehr Province
Iranian Armed Forces Launch Ballistic Missiles Toward Unspecified Targets Prompting Regional Condemnation
United Nations Secretary-General Warns Global Order Facing Highest Level of Conflict Since 1945
Israel Issues Sweeping Evacuation Orders in Southern Lebanon Amid Intensified Hezbollah Conflict
Russia Announces Systemic Military Strikes Targeting Ukrainian Defense and Energy Infrastructure
United States and Iranian Negotiators Reach Draft Agreement to Extend Ceasefire and Resume Nuclear Talks
United Nations Security Council Deeply Divided Over United States Capture of Venezuelan President
US and Iran Exchange Direct Military Strikes Amid Fragile Gulf Ceasefire
World Health Organization Warns of Catastrophic Ebola Outbreak in DR Congo
Russia Threatens New Wave of Strikes on Ukrainian Infrastructure and Embassies
Scientists Warn Atlantic Ocean Currents Could Collapse Faster Than Projected
Anthropic Reaches $900 Billion Valuation in Historic AI Funding Round
Washington Imposes Crippling Sanctions on Iranian Maritime Authority
Japan and the Philippines Initiate Strategic Intelligence-Sharing Pact
Microsoft Deploys Autonomous Computer-Using AI Agents to Global Markets
Anthropic Secures $45 Billion Compute Infrastructure Agreement With SpaceX
U.S. Director of National Intelligence Resigns Amid Administration Shakeup
Micron Technology Crosses Trillion-Dollar Valuation Amid Unprecedented Hardware Demand
Canada and Germany Finalize Historic Long-Term LNG Export Agreement
China Expands International Travel Restrictions on Domestic AI Researchers
Japan Approves Sweeping Overhaul of National Intelligence Apparatus
Global Airlines Scramble Logistics as Middle East Airspace Remains Fractured
Japan's Naphtha Imports Plunge 47 Percent Amid Strait of Hormuz Closure
Global Crude Prices Retreat Below $96 as Gulf Tensions Momentarily Ease
Generative AI Outperforms Human Baselines in Landmark Global Creativity Study
NASA Partners With Private Aerospace to Unveil Permanent Lunar Base Architecture
South Korean Equity Markets Surge on Next-Generation Memory Chip Frenzy
×