The 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

See all articles by Nicholas McBride

Nicholas McBride

University of Cambridge - Faculty of Law

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

McBride, Nicholas, The Defence of Illegality: Not a Principle of Justice? (June 1, 2018). Green & Bogg (eds), Illegality After Patel v Mirza (2018), University of Cambridge Faculty of Law Research Paper No. 67/2018, Available at SSRN: https://ssrn.com/abstract=3242751

Nicholas McBride (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

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