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We are back with part II of the live tweets of the #XPassports case #ElanCane
Kate Gallafent QC for the Appellant Christie Elan Cane
Judges Lord Reed, Lord Lloyd-Jones, Lady Arden, Lord Sales, Lady Rose
Kate Gallafent QC for the Appellant Christie Elan Cane
Judges Lord Reed, Lord Lloyd-Jones, Lady Arden, Lord Sales, Lady Rose
KCGQ: starts again on the margin of appreciation in the case of Hammeleinen (a Finnish case on gender recognition)- wide or narrow
1)Narrow is it important to a person's identity? (Passport is customarily used for identity)
2)Consensus?
3) Wide: competing public & private rights
1)Narrow is it important to a person's identity? (Passport is customarily used for identity)
2)Consensus?
3) Wide: competing public & private rights
Margin she says is not a factor in itself - it goes to the balancing exercise, rather than a factor. the degree of latitude given to the state vs the private actor?
Even if there is a wide margin it would still be possible to see if the state has exceeded it.
Even if there is a wide margin it would still be possible to see if the state has exceeded it.
