Judicial Discretion, Parliament and Executive Accountability in the Twenty-first Century

This article explores the recent Court of Appeal decision in R (Lord Carlile of Berriew and others) v Secretary of State for the Home Department [2013] EWCA Civ 199 and the approach adopted with regards to proportionality by Arden LJ. This decision demonstrates judicial unwillingness to usurp the role of the executive and to question the informed judgment of the Secretary of State for the Home Department, when deciding whether to exclude a prominent Iranian opposition figure from entering the United Kingdom in order to speak at the Palace of Westminster. It will be submitted that the decision is hardly surprising given the subject matter and the unpredictable behaviour of the Iranian Government. Indeed, the decision demonstrates continual judicial willingness to defer to the executive on decisions of this nature. This article will first discuss the judgment of the Court of Appeal and, secondly, attempt to place the decision within the wider context of the executive-judiciary relationship.