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landmarks in the common law

The Belmarsh case

Balancing liberty against security

Giles Bayliss examines a case that highlights how the Human Rights Act 1998 has changed the role of the judiciary

This feature is relevant to AQA AS Unit 1 (parliamentary supremacy, separation of powers and judicial independence) and A2 Unit 4 (law and justice, balancing conflicting interests, judicial creativity, law and morality); OCR AS Unit G151 (judicial independence, separation of powers) and OCR AS Unit G152 (statutory interpretation); and WJEC LA1 (human rights, rule of law, statutory interpretation) and LA4 (freedom of the individual and protection of human rights).

Perhaps one of the most interesting and legally significant cases in recent times is that of A v Secretary of State for the Home Department (2004), commonly referred to as the Belmarsh case after the prison where the detainees were held. It concerned a potential conflict between the European Convention on Human Rights (ECHR) and the Anti-Terrorism, Crime and Security Act 2001.

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English votes for English laws

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Green and white papers

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