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  • Disproportion about proportion

    Carl Gardner
    May 17, 2023

    Steve Eason | CreativeCommons

    In my review of Adam Wagner’s Emergency State I talked about proportionality:

    Proportionality is a key concept in human rights law, and Wagner’s approach and my […]

    Tags: health, human rights, proportionality, protest
  • Emergency State by Adam Wagner: having and eating cake?

    Carl Gardner
    April 23, 2023

    detail from cover of Emergency State

    Adam Wagner has written a very interesting, highly readable and thought-provoking book about law and the pandemic, based on his professional experience in a number of important […]

    Tags: government, health, human rights, parliament
  • Letter from a Birmingham Jail

    Carl Gardner
    April 22, 2023

    I’m perhaps a few days late to commemorate the 60th anniversary of a great modern document—Dr Martin Luther King Jr.’s Letter from a Birmingham Jail, written in April 1963, but widely published […]

    Tags: human rights, natural law, rule of law, US
  • Will Brexit rights have direct effect? The Human Rights Act may show us the answer

    Carl Gardner
    August 23, 2017

    The government published its latest “future partnership paper” today on “Enforcement and dispute resolution”, and most of the attention it’s gathered—and the government’s spin—has been about its “dispute resolution” aspect. In other words, […]

    Tags: Brexit, eu law, government, human rights
  • Pannick and Lester on the “British Bill of Rights”

    Carl Gardner
    June 2, 2016

    Lords Pannick and Lester have form for writing together on human rights, and today Pannick writes on the subject in the Times, while Lester comments in The Brief.

    Pannick makes fun of the long delay in […]

    Tags: british bill of rights, human rights
  • What is Parliamentary sovereignty, anyway?

    Carl Gardner
    February 23, 2016

    Albert_Venn_Dicey_in_academic_robes - Version 2As we await David Cameron’s sovereignty plan this week, it might help to explain what we mean by “Parliamentary sovereignty”.

    When we talk about Parliamentary sovereignty, we don’t mean a general notion […]

    Tags: constitution, eu law, human rights, US constitution
  • The UN working group’s Assange opinion

    Carl Gardner
    February 5, 2016

    Here’s the opinion of the UN working group on arbitrary detention, which has concluded that Britain and Sweden have arbitrarily detained Julian Assange. It calls on both countries to release him, and pay him compensation.

    Tags: assange, crime, extradition, human rights, international
  • Julian Assange’s submission to the UN working group

    Carl Gardner
    February 4, 2016

    We awoke to the extraordinary news that Julian Assange had announced he’d leave the Ecuadorian embassy in London tomorrow and submit to arrest if the UN working group on arbitrary detention turned down his complaint to […]

    Tags: assange, bail, counter-terrorism bill, crime, extradition, human rights, international
  • Miranda: the Court of Appeal’s interpretation of “terrorism”

    Carl Gardner
    January 19, 2016

    I’ve already criticised what I think is a fundamental contradiction undermining the Court of Appeal’s judgment in the Miranda case. But there’s another aspect of the judgment that I must mention, which may well be of more lasting […]

    Tags: Court of Appeal, freedom of expression, human rights, interpretation, judicial review, terrorism
  • The self-contradictory Miranda appeal ruling

    Carl Gardner
    January 19, 2016

    I’ve been following for some time David Miranda’s challenge to the lawfulness of his questioning at Heathrow airport in 2013. I wrote shortly after his detention; I covered his application for an injunction;

    Tags: Court of Appeal, freedom of expression, human rights, judicial review, terrorism
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