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  • R (Smith) v Defence Secretary: a frolic ended, a genie bottled

    Carl Gardner
    July 1, 2010

    Yesterday the Supreme Court gave judgment in this case, ruling that the article 2 Convention right to life does not apply automatically to all members of the British armed forces deployed anywhere abroad; and that the death of a […]

    Tags: armed forces, coroners, human rights, iraq
  • Reclaiming Parliament Square

    Carl Gardner
    May 31, 2010

    "Democracy Village", Parliament Square

    Last week I briefly visited the “Democracy Village” on Parliament Square. My instinctive reaction earlier in the week was to support Boris Johnson and Westminster Council […]

    Tags: human rights, protest
  • We must see justice done (more on rape and anonymity)

    Carl Gardner
    May 24, 2010

    It’s of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done. So said Lord Chief Justice Lord Hewart in 1923, quashing a guilty verdict arrived at by magistrates in private […]

    Tags: crime, human rights
  • Charon podcast: Coalition government, 55% and all that

    Carl Gardner
    May 16, 2010

    Charon QC interviewed me on Friday about the new Conservative-Liberal coalition government and its special points of legal interest. We begin with the heated debate about the “55%” rule, under which the coalition proposes this should be a fixed-term Parliament, […]

    Tags: attorney general, charon qc, constitution, government, human rights, parliament, podcasts
  • Erasing David

    Carl Gardner
    April 28, 2010

    Erasing David is David Bond’s documentary dealing with liberty, privacy and the “surveillance state” – I was lucky enough […]

    Tags: human rights
  • Should innocent people be on the DNA database?

    Carl Gardner
    April 28, 2010

    It’s unfashionable to say yes, but I was defending that position again in the Times last week.

    Some say that DNA taken from some suspects on arrest can legitimately be compared with unidentified DNA from unsolved crimes. So it’s all […]

    Tags: crime, dna, human rights, liberty
  • Lap-dancing clubs and human rights

    Carl Gardner
    April 21, 2010

    I’ve written at Comment is Free today about the threat, made by lap-dancing club owners, to use the Human Rights Act to challenge the new legislation regulating them:

    It’s difficult to argue that firms should never enjoy convention rights – […]

    Tags: human rights, legislation, local government
  • Arresting the Pope: a Catholic response

    Carl Gardner
    April 19, 2010

    I’m interested in the response by the Catholic Union to the recent suggestion that the Pope should be arrested and held legally liable for his alleged failure to tackle the sexual abuse of children. The full pdf file […]

    Tags: crime, human rights, religion
  • Lord Carey and “religion-sensitive” judges

    Carl Gardner
    April 19, 2010

    I agree entirely with Afua Hirsch’s piece in the Guardian today – at least on religitigation, Lord Carey and his call for “religion-sensitive” judges. She’s right: to create a panel of specially faith-sensitive judges would be a wholly retrograde […]

    Tags: courts, discrimination, human rights, religion, religitigation
  • The Tory legal bits

    Carl Gardner
    April 14, 2010

    Following my post on the “legal bits” of the Labour manifesto, here’s my analysis of the most important Conservative proposals of particular legal interest. I warn you: this is a long one, and needs sub-headings.

    Constitutional law

    On the constitution, the Tories […]

    Tags: crime, discrimination, education, employment, europe, government, house of lords, human rights, immigration, legislation, lisbon treaty
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