November 10, 2025
Sailesh Mehta and Theo Burges examine the legal and constitutional implications of the Afghan super-injunction highlighting its impact on national security law and democratic accountability. Writing for the New Law Journal, the authors explore how the High Court’s decision to lift the super-injunction reveals a rapidly expanding body of national security law that intersects with diverse areas of legal practice including the following key themes:
- The constitutional significance of super-injunctions in relation to the interaction of state secrecy and the rule of law.
- The impact on open justice and democratic scrutiny given the prolonged nature of the injunction.
- How courts balance the competing interests of national security with that of the public interest.
- The growing complexity of national security law, which increasingly intersects with privacy, media law, human rights and administrative law.
- The implications for legal practitioners who must now grapple with national security considerations that were once confined to specialist areas
Read piece here: https://url.uk.m.mimecastprotect.com/s/zlUyCRwBrU5VWRh9fLC1CdMJ?domain=newlawjournal.co.uk
Sailesh Mehta: https://redlionchambers.co.uk/barrister/sailesh-mehta/
Theo Burges: https://redlionchambers.co.uk/barrister/theodore-burges/
