Download or read book The human rights implications of UK extradition policy written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2011-06-22 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Joint Committee on Human Rights concludes that the current statutory framework does not provide effective protection for human rights. The rights most often relevant to extradition are: prohibition of torture; fair trial; liberty and security; private and family life; and prohibition of discrimination. The Committee calls on the Government to spell out detailed safeguards in the statutory framework. Parliament should be asked to commence the "most appropriate forum" safeguard in the Police and Criminal Justice Act 2006 and that a requirement for the requesting country to show a prima facie case or similarly robust evidential threshold should be introduced in extradition cases. The most appropriate forum safeguard would require the judge to consider whether it is in the interests of justice for the individual to be tried in the requesting country - and to refuse the extradition request if it is not. The committee also calls for negotiated changes to the European Arrest Warrant, a review of the provision of legal representation. The committee also concludes that the power of the Secretary of State to refuse extradition to non-EU countries should not be extended. The powers of the judge in an extradition case should instead ensure adequate protection of rights.
Download or read book The Human Rights Implications of UK Extradition Policy written by Great Britain. Parliament. Joint Committee on Human Rights and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Human Rights Implications of UK Extradition Policy written by Great Britain: Home Office and published by . This book was released on 2012-10-17 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: Response to 15th report of session 2010-12, HL Paper 156, HC 767 (ISBN 9780108473500). Dated October 2012
Download or read book Nicholls Montgomery and Knowles on The Law of Extradition and Mutual Assistance written by Clive Nicholls QC and published by Oxford University Press, USA. This book was released on 2013-03-14 with total page 877 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nicholls, Montgomery, and Knowles on The Law of Extradition and Mutual Assistance provides a comprehensive and analytical treatment of the laws covering the extradition and mutual assistance agreements, as well as international mutual assistance. Provides extensive treatment of both extradition and mutual assistance in one text.
Download or read book Textbook on Civil Liberties and Human Rights written by Richard Stone and published by Oxford University Press, USA. This book was released on 2014 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written primarily for students, this textbook will also be of interest to anyone who is concerned about restrictions on individual freedom. The author assesses the impact of the Human Rights Act 1998 and the Freedom of Information Act 2000.
Download or read book Human Rights and the United Kingdom Supreme Court written by Brice Dickson and published by OUP Oxford. This book was released on 2013-03-28 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does the UK Supreme Court approach human rights law? This book presents the first comprehensive overview of the human rights jurisprudence of the Court, analysing the opinions expressed by the current Justices and their predecessors, both judicially and extra-judicially. It criticizes the judges for not developing the common law in a way which supplements the Human Rights Act, for not making imaginative enough use of that Act, and for adopting an attitude to Convention rights which is often out of step with the jurisprudence of the European Court of Human Rights in Strasbourg. After setting the scene by explaining the constraints which are placed on the Supreme Court Justices, the book considers how human rights are conceptualized by the Court in general and how in particular the procedural questions thrown up by the Human Rights Act have been dealt with so far. It then examines on a right-by-right basis the Justices' position on all the Convention rights and those additional international human rights standards which have been incorporated into UK law. Focusing on the views expressed by individual judges, the book details the many differences of opinion which have come to light and characterizes the prevailing positions, before attempting to predict what stance may be adopted in future on new issues. The book offers an invaluable resource for any practitioners bringing human rights cases before the Court, and its critical arguments on the state of UK human rights law will be essential reading for all academics working in European human rights law.
Download or read book Mediating Human Rights written by Lieve Gies and published by Routledge. This book was released on 2014-07-11 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on social-legal, cultural and media theory, this book is one of the first to examine the media politics of human rights. It examines how the media construct the story of human rights, investigating what lies behind the apparent media hostility to human rights and what has become of the original ambition to establish a human rights culture. The human rights regime has been high on the political agenda ever since the Human Rights Act 1998 was enacted. Often maligned in sections of the press, the legislation has entered popular folklore as shorthand for an overbearing government, an overzealous judiciary and exploitative claimants. This book examines a range of significant factors in the mediation of human rights, including: Euroscepticism, the war on terror, the digital reordering of the media landscape, , press concerns about an emerging privacy law and civil liberties. Mediating Human Rights is a timely exploration of the relationship between law, politics and media. It will be of immense interest to those studying and researching across Law, Media Studies, Human Rights, and Politics.
Download or read book The US UK extradition treaty written by Great Britain: Parliament: House of Commons: Home Affairs Committee and published by The Stationery Office. This book was released on 2012-03-30 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: US-UK extradition Treaty : Twentieth report of session 2010-12, Vol. 1: Report, together with formal minutes, oral and written Evidence
Download or read book Intolerant Justice written by Asif Efrat and published by Oxford University Press. This book was released on 2023-01-03 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Intolerant Justice examines how national legal systems handle dilemmas of international cooperation: Should our citizens stand trial in foreign courts that do not meet our standards? Should we extradite offenders to countries with a poor human rights record? Should we enforce rulings issued by foreign judges whose values are different from our own? This book argues that ethnocentrism - the human tendency to divide the world into superior in-groups and inferior out-groups - fuels fear and mistrust of foreign justice and sparks domestic political controversies: while skeptics portray foreign legal systems as a danger and threat, others dismiss these concerns. The book traces this dynamic in a range of cases, including the American hesitation to allow criminal trials of troops in the courts of NATO countries; the debate over the proper venue for trying Europeans who joined ISIS as foreign fighters; the dilemma of extradition to China; the British debate over extradition to the U.S. and the EU; the European wariness toward U.S. civil judgments; the American-British divide over free speech and libel suits; the establishment of mutual legal assistance treaties; and cooperation against child abduction. Despite the growing role of law and courts in international politics, Intolerant Justice suggests that cooperation among legal systems often meets resistance - and it shows how this resistance can be overcome"--
Download or read book Human rights of unaccompanied children and young people in the UK written by Great Britain: Parliament: Joint Committee on Human Rights and published by Stationery Office. This book was released on 2013-06-12 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2012 around 1,200 unaccompanied migrant children sought asylum in the UK, and around 2,150 unaccompanied migrant children were being cared for by local authorities. The Committee heard evidence of the range of issues that unaccompanied migrant children face during their time in the country. Children who had often faced traumatic journeys, many of whom are fleeing violence or who have been subject to abuse and exploitation, faced intensive interviews on arrival for which there were too rarely interpreting facilities available. There was also evidence of children being placed in inappropriate accommodation facilities without suitably trained staff to provide support, which was a point of particular anxiety where children were victims of trafficking. Concerns were also expressed about the educational services provided, with delays in enrolment due to documentation and too little development as language skills improved. These concerns built upon those expressed in a recent inquiry by Members of both Houses regarding destitution and inadequate support. The Committee concludes that, despite the rights to protection and support owed to those children by the UK under the UN Convention on the Rights of the Child, immigration concerns are too often given priority. The report calls for a change in emphasis to put the best interests of such children at the heart of the often complex and stressful asylum and immigration processes affecting them.
Download or read book Sessional Returns written by Great Britain: Parliament: House of Commons and published by The Stationery Office. This book was released on 2012-09-14 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: On cover and title page: House, committees of the whole House, general committees and select committees
Download or read book House of Lords House of Commons Joint Committee on Human Rights The Implications for Access to Justice of the Government s Proposals to Reform Legal Aid HL 100 HC 766 written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2013-12-13 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: The report The Implications For Access To Justice Of The Government's Proposals To Reform Legal Aid (HL100, HC 766) concludes that the government should reconsider its proposals for the reform of legal aid. The government has so far made welcome exemptions to its proposed residence test in the light of responses to its consultation, but the Committee is still not satisfied that the proposed test will not affect vulnerable groups. While accepting that it is legitimate for the government to introduce a residence test for civil legal aid and to restrict the scope of prison law funding, the Committee calls for more and broader exemptions from these proposals to avoid breaches of the fundamental right of effective access to justice in individual cases. The exceptional funding framework may not be working as intended and could therefore leave certain groups unable to access legal aid when human rights law requires it. The proposal to remove cases with
Download or read book Constitutionalism Across Borders in the Struggle Against Terrorism written by Federico Fabbrini and published by Edward Elgar Publishing. This book was released on 2016-06-29 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection explores the topic of constitutionalism across borders in the struggle against terrorism, analyzing how constitutional rules and principles relevant in the field of counter-terrorism move across borders. Various chapters underline how constitution-like norms consolidate at the level of international and supranational organizations as a limit to the exercise of public power in the field of counter-terrorism policy, especially counter-terrorism financing. Other chapters examine the extraterritorial application of constitutional rights and the migration of constitutional norms – or anti-constitutional practices – from one state to another. Still others consider how transnational cooperation between states in areas such as intelligence gathering and data sharing may call for updating domestic constitutional law rules or for new international law compacts entrenching rights across borders. What emerges is a picture of the complex interplay of constitutional law, international law, criminal law and the law of war, creating webs of norms and regulations that apply in the struggle against terrorism conducted across increasingly porous borders. The book will be of particular interest to academics and graduate or postgraduate students working in the fields of constitutional law, international law, human rights, comparative law and national security law. It may also be of interest to practitioners concerned with national security, counter-terrorism, and related questions of individual rights.
Download or read book The Practice of Shared Responsibility in International Law written by André Nollkaemper and published by Cambridge University Press. This book was released on 2017-02-02 with total page 1229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.
Download or read book EU Criminal Law after Lisbon written by Valsamis Mitsilegas and published by Bloomsbury Publishing. This book was released on 2016-06-30 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph is the first comprehensive analysis of the impact of the entry into force of the Treaty of Lisbon on EU criminal law. By focusing on key areas of criminal law and procedure, the book assesses the extent to which the entry into force of the Lisbon Treaty has transformed European criminal justice and evaluates the impact of post-Lisbon legislation on national criminal justice systems. The monograph examines the constitutionalisation of EU criminal law after Lisbon, by focusing on the impact of institutional and constitutional developments in the field including the influence of the EU Charter of Fundamental Rights on EU criminal law. The analysis covers aspects of criminal justice ranging from criminalisation to judicial co-operation to prosecution to the enforcement of sanctions. The book contains a detailed analysis and evaluation of the powers of the Union to harmonise substantive criminal law and the influence of European Union law on national substantive criminal law; of the evolution of the Europeanisation of prosecution from horizontal co-operation between national criminal justice to forms of vertical integration in the field of prosecution as embodied in the evolution of Eurojust and the establishment of a European Public Prosecutor's Office; of the operation of the principle of mutual recognition (by focusing in particular on the European Arrest Warrant System) and its impact on the relationship between mutual trust and fundamental rights; of EU legislation in the field on criminal procedure, including legislation on the rights of the defendant and the victim; of the relationship between EU criminal law and citizenship of the Union; and of the evolution of an EU model of preventive justice, as exemplified by the proliferation of measures on terrorist sanctions. Throughout the book, the questions of the UK participation in Europe's area of criminal justice and the feasibility of a Europe à-la-carte in EU criminal law are examined. The book concludes by highlighting the possibilities that the Lisbon Treaty opens for the development of a new paradigm of European criminal justice, which places the individual (and not the state), and the protection of fundamental rights (and not security) at its core.
Download or read book National Constitutions in European and Global Governance Democracy Rights the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Download or read book House of Lords House of Commons Joint Committee on Human Rights Legislative Scrutiny Transparency of Lobbying Non Party campaigning and Trade Union Administration Bill HL 61 HC 755 written by Great Britain: Parliament: Joint Committee on Human Rights and published by The Stationery Office. This book was released on 2013-10-18 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: While it accepts that there may be a pressing need to reform non-party campaigning, the report Legislative Scrutiny: Transparency Of Lobbying, Non-party Campaigning And Trade Union Administration Bill (HL 61, HC 755) calls on the Government to pause the passage of the Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Bill to allow for further scrutiny and for further consultation with the Electoral Commission, the Commission on Civil Society and Democratic Engagement and relevant stakeholders. The report recommends that there be more careful consideration of the potential impact on campaigners' rights to free speech and freedom of association. The Committee welcomes the Government improvements made to Part 2 during its passage though the Commons, but suggest that concerns remain. The Joint Committee express concerns regarding: the lack of clarity about the practical effects of the provision in this Part of t
