Civil servants & the law: when laws collide

Steve Foster

Research output: Contribution to journalArticle

Abstract

What happens if a civil servant is asked to perform an act, but that act is inconsistent with international law and the decision of an international court? The answer might lie in the civil servant’s contract, but if that says that they must comply with ‘the law’ then we are no further ahead. Alternatively, we might need to look at our constitutional system, asking whether a Minister has the legal power to issue the order, and what happens when that legal power is inconsistent with international law.
Original languageEnglish
Pages (from-to)11-12
Number of pages2
JournalNew Law Journal
Volume174
Issue number8082
Publication statusPublished - 2 Aug 2024

Keywords

  • constitutional law
  • civil servants
  • international law

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