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  • David Davis’s amazing announcement

    Carl Gardner
    June 12, 2008

    The shadow Home Secretary David Davis has astonishingly announced he will resign his seat in East Yorkshire and force a by-election on the single issue of liberty: he sees it as a personal campaign to stop the government’s erosion of […]

    Tags: human rights
  • O’Byrne v Aventis: obscurity, the ECJ and needless delay

    Carl Gardner
    June 12, 2008

    Some people have suggested that when the House of Lords becomes our Supreme Court in just over a year, it should abandon the practice of judges giving individual judgments, sometimes disagreeing with each other, which means lawyers have to work […]

    Tags: consumer protection, ecj, house of lords, product liability
  • Lord Goldsmith on the Daily Politics

    Carl Gardner
    June 12, 2008

    I’m enjoying watching Lord Goldsmith, who’s Andrew Neil’s guest on the Daily Politics today. He’s a serious chap more suited to Newsnight or Today than to joshing about the way Andrew Neil does – but he’s doing his best.

    Tags: counter-terrorism bill, house of lords, lord goldsmith
  • So – they got it

    Carl Gardner
    June 12, 2008

    But only by a scrape. Gordon Brown and Jacqui Smith won their commons vote on the reserve power to extend terror suspects’ detention up to 42 days. They got the votes of a few vital Labour backbenchers and of the […]

    Tags: counter-terrorism bill, human rights, terrorism
  • Counter-Terrorism Bill: today’s debate

    Carl Gardner
    June 11, 2008

    I’ve had the debate on in the background this afternoon (while marking a never-ending pile of exam papers on free movement of goods and persons) – and it’s not been a bad one. Bill Cash has obsessively been intervening to […]

    Tags: counter-terrorism bill, human rights, terrorism
  • In Re B: lions, dogs and the civil standard of proof

    Carl Gardner
    June 11, 2008

    The Lords have given quite an interesting judgment today on the standard of proof in care proceedings under the Children Act 1989, which I think in principle applies across the board in civil proceedings. They’ve cut through the confusion […]

    Tags: children, evidence, family, house of lords
  • 42 days: the crunch vote

    Carl Gardner
    June 11, 2008

    Jacqui Smith is on her feet as I write, opening the third reading debate on the Counter-Terrorism Bill: at about 7 o’clock tonight MPs will finally vote on the government’s proposed reserve power to extend detention of terror suspects without […]

    Tags: counter-terrorism bill, human rights, terrorism
  • Counter-Terrorism Bill: compatible with Convention rights?

    Carl Gardner
    June 10, 2008

    It was probably predictable that at some point the public and political debate about this bill, and the proposed extension of pre-charge detention of terror suspects to a potential maximum of 42 days, would be diverted away from the merits […]

    Tags: cehr, counter-terrorism bill, human rights
  • Are the Irish about to kill the Lisbon Treaty?

    Carl Gardner
    June 10, 2008

    It’s not been a big news story, but if you think about it, it could be one of the biggest political stories of 2008: on Thursday, Irish voters choose in a referendum whether or not to approve the Treaty of […]

    Tags: eu reform treaty, ireland, lisbon treaty
  • The sixth amendment and confrontation of witnesses

    Carl Gardner
    June 9, 2008

    The trial of Al Qaeda suspects in the US big news at the moment of course – with Khalid Sheikh Muhammad and others having appeared before a military tribunal on Friday. I’m interested, though, in this Federal Court […]

    Tags: crime, evidence, terrorism, united states, US constitution
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