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(UK) Judges' verdict on terror laws provoke s constitutional crisis
From: David Farber <dave () farber net>
Date: Fri, 17 Dec 2004 05:10:51 -1000
_______________ Forward Header _______________ Subject: (UK) Judges' verdict on terror laws provokes constitutional crisis Author: Brian Randell <Brian.Randell () newcastle ac uk> Date: 17th December 2004 12:28:47 pm Hi Dave: I am, or at least was, much more used to reading about the US Supreme Court - in contrast to UK Law Lords (our nearest equivalent) - reining in the excesses of the executive branch. Hence my surprise at the following story, splashed all over the front page of today's Guardian newspaper:
Judges' verdict on terror laws provokes constitutional crisis Clare Dyer, Michael White and Alan Travis Friday December 17, 2004 The Guardian A scathing law lords judgment condemning the indefinite detention of foreign terror suspects as a threat to the life of the nation left anti-terrorist laws in tatters yesterday. The ruling by an 8-1 majority held that the indefinite detention without trial at Belmarsh, and Woodhill high security prisons was unlawful under the European convention on human rights (ECHR). Constitutional lawyers called it one of the most important decisions from Britain's highest court in 50 years. But 24 hours after David Blunkett, the law's sponsor, was forced to resign as home secretary, Downing St and the new home secretary, Charles Clarke decided to tough it out. They would study the judgment - but made it plain they are more likely to renew the controversial laws than modify them. Lord Hoffmann, ruled that there is no "state of public emergency threatening the life of the nation"- the only basis on which Britain is entitled to exercise its opt-out from article five of the European convention, the right to liberty. It was the anti-terror laws introduced by Mr Blunkett which posed a threat, he declared. "The real threat to the life of the nation, in the sense of a people living in accordance with its traditional laws and political values, comes not from terrorism but from laws such as these." . . .
Full story at: http://www.guardian.co.uk/terrorism/story/0,12780,1375827,00.html Additional coverage at: http://www.guardian.co.uk/humanrights/0,7368,367207,00.html This includes the following leader column:
Ancient liberties Leader Friday December 17, 2004 The Guardian It is difficult to recall when a minister received such an unenviable baptism as Charles Clarke, in his first day as home secretary yesterday. The ferocity of the law lords' judgment against the catch-all 2001 Anti-terrorism Act - the government's "Guantánamo Bay" law, under which foreign terrorist suspects can be detained without charge or trial - was unprecedented. Remember this was only the second occasion in recent times that the law lords have sat as a panel of nine, rather than the usual five, because of the importance of the issue. They voted eight to one in declaring that detaining people indefinitely on suspicion alone contravened democratic rights and international obligations. As Lord Hoffman noted, the case called into question "the very existence of an ancient liberty of which this country has until now been very proud: freedom from arbitrary arrest and detention". His conclusion could not have been more unequivocal or blunt: the act was a bigger threat to the nation than terrorism. We agree. It has eroded the very freedoms for which we are supposed to be combating terrorism. Lord Scott went one step further, comparing the act to the "nightmares" associated with France before and during its revolution and the Soviet Union in Stalin's era. The act is abominable, but scale - 16 suspects held - has to be taken into account. . . .
cheers Brian -- School of Computing Science, University of Newcastle, Newcastle upon Tyne, NE1 7RU, UK EMAIL = Brian.Randell () ncl ac uk PHONE = +44 191 222 7923 FAX = +44 191 222 8232 URL = http://www.cs.ncl.ac.uk/~brian.randell/ ------------------------------------- You are subscribed as interesting-people () lists elistx com To manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting-people/
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- (UK) Judges' verdict on terror laws provoke s constitutional crisis David Farber (Dec 17)