Johnson v Secretary of State for the Home Department
[2016] UKSC 56
Independent editorial summary — not the official judgment. Read the full judgment via the source link.
Ratio Decidendi
The historical bar on British citizenship by descent through unmarried fathers was discriminatory, and the common law should be developed to remove the discrimination where possible.
Facts
The appellant was born outside the UK to a British father and Jamaican mother who were not married. Under the law at the time of his birth, citizenship could only pass through the father if the parents were married.
Judgment Summary
The Supreme Court held that s.50(9A) British Nationality Act 1981 (inserted to address the discrimination) should be read to apply to those born before the amending provision came into force, so far as possible under s.3 Human Rights Act 1998.
Key Quotes
"That is a present distinction which is based solely on the accident of birth outside wedlock, for which the appellant is not responsible, and no justification has been suggested for it."
— Lady Hale at [34](verbatim, verified against the judgment)
Subsequent Treatment
Led to further amendments to nationality law addressing historical discrimination.
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