Johnson v Secretary of State for the Home Department
[2016] UKSC 56
판결 이유
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.
사실관계
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.
판결 요약
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.
주요 인용문
"There was no rational reason for denying citizenship to children of British fathers who happened not to be married to their mothers."
— Lady Hale
후속 처리
Led to further amendments to nationality law addressing historical discrimination.