The courts do not recognise a presumption that Parliament intends administrative discretion conferred on the executive to be exercised compatibly with the United Kingdom's human rights' obligations under international law at the time when the statute in question was passed1. However, international human rights obligations must be taken into account by the executive when acting pursuant to the discretion if the statute expressly provides that they should be taken into account, or the decision will be unlawful2, and in exercising discretion the failure to take into account 'obviously material' considerations, such as unincorporated Treaty obligations closely related to the
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