''R (Daly) v Secretary of State for the Home Department''
UKHL 26is a UK constitutional law">001
UKHL 26is a UK constitutional law case of the House of Lords case on the rights of a prisoner when his cell is searched by prison officers.
Facts
The case concerned whether cell searches contravened a prisoner's right to private correspondence with his solicitor. The case is of importance for its use of a
proportionality test in a
judicial review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
case, a method copied from the jurisprudence of the
European Convention on Human Rights
The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by t ...
.
Judgment
The prisoner's case was accepted.
References
* Helen Fenwick and Gavin Phillipson, "Text, cases & materials on public law & human rights" (2 rev ed), Routledge Cavendish, 2003, {{ISBN, 1-85941-655-1
External links
House of Lords judgment
House of Lords cases
2001 in case law
2001 in British law
Home Office litigation
United Kingdom constitutional case law