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.
McBride, Nicholas, The Defence of Illegality: Not a Principle of Justice? (June 1, 2018). Green and Bogg (eds), Illegality After Patel v Mirza (2018).
First posted 2018-09-26 06:01:28
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