The Rwanda Act has placed the courts in unprecedented territory, so what happens next? Lord Carter of Haslemere, consultant at Kingsley Napley, writing in this week’s NLJ, explores the possibilities
Could the Supreme Court rule the Act is unconstitutional? What other scenarios could unfold? Lord Carter briefly surveys the Rwanda Act saga to date—the Supreme Court ruling that Rwanda is not a safe country, followed by the Rwanda Act asserting that Rwanda is a safe country—before exploring the constitutional implications and potential reaction by the courts.
Lord Carter writes: ‘Is there a risk, as some have suggested, that the Supreme Court might strike down the Act as “unconstitutional”? If there is any currently foreseeable context in which this question is likely to be answered, it is the Rwanda Act, given the scope of the ouster and the Art 3 rights involved. This is unprecedented territory.’
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