[2025] UKUT 251 (AAC)

it must be demonstrably necessary for at least an important aspect of the legislation (R (Morgan Grenfell & Co Ltd));

the principle of legality is important in this connection (R v Secretary of State for the Home Department, ex p Simms[2001] 2 AC 115 at [131] (Lord Hoffman):

“Fundamental rights cannot be overridden by general or ambiguous words. This is because there is too great a risk that the full implications of their unqualified meaning may have passed unnoticed in the democratic process. In the absence of express language or necessary implication to the contrary, the courts therefore presume that even the most general words were intended to be subject to the basic rights of the individual [emphasis added]. In this way the courts of the United Kingdom, though acknowledging the sovereignty of Parliament, apply principles of constitutionality little different from those which exist in countries where the power of the legislature is expressly limited by a constitutional document.''