Download This PaperThe Defence of Illegality: Not a Principle of Justice?
Green & Bogg (eds), Illegality After Patel v Mirza (2018)
University of Cambridge Faculty of Law Research Paper No. 67/2018
18 Pages Posted: 25 Sep 2018 Last revised: 2 Nov 2018
Date Written: June 1, 2018
Abstract
This paper criticises the common trope that the defence of illegality is not based on a principle of justice. It sets out three different understandings of what justice is concerned with - a moral, allocative, and political understanding - and shows that whichever understanding of justice one adopts, the defence of illegality can be defended as 'just' in the way it operates.
Keywords: Remedies, Defences, Illegality, Ex Turpi Causa, Patel v Mirza, Justice, Human Rights
JEL Classification: K41, K42
Suggested Citation: Suggested Citation
