Exploration of English Law

2232 Words Jul 16th, 2018 9 Pages
Exploration of English Law In English law, there is no formal separation of public and private law, no constitutional court and before the enactment of the Human Rights Act 1998 there has been no catalogue of fundamental rights as it can be found in many continental European constitutional documents. The major source of fundamental rights in English law is now undoubtedly the Human Rights Act 1998 (HRA) which implements the European Convention on Human Rights (ECHR) into English law, which came into force on 2 October …show more content…
The Anti-Terrorism Crime and Security Act (ATCSA) 2001 empowers the Home secretary to detain indefinitely, without charge, a person believed to be a terrorist and a risk to national security.

In order to protect the Act from challenge, the Government entered a derogation[4] in respect of Article 5 of the European Convention on Human Rights. The legislation has been challenged in the courts under the Human Rights Act, and at first instance was found to be incompatible with Article 14 (the right to non-discrimination in respect of Convention rights) because it discriminated between nationals and non-nationals. This decision was overturned by the Court of Appeal, on policy grounds.

However, the House of Lords ruled that this amounted to a breach of Article 5 of the ECHR, which enshrines the right to liberty and Article 14, which prohibits discrimination in the right of Art 5 and other Convention rights. It was held that there is at present no public emergency threatening the life of the nation. Indefinite detention without charge or prospect of as trial is so severe a restriction on liberty as to be disproportionate and as it only applies to foreign nationals, the restriction of the right to liberty is

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