He has claimed the shock move is in protest at what he called “the erosion of civil liberties” including plans to hold the details of innocent children on the national DNA database.
Shadow attorney general Dominic Grieve will take over as shadow home secretary.
Davis will now fight a by-election in his constituency of Haltemprice and Howden.
The Liberal Democrats are not expected to field a candidate in the by-election.
Labour MP’s have dismissed the move as a stunt.
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