Report of the Eminent Jurists Panel on Terrorism, Counter-terrorism and Human Rights This report of the International Commission of Jurists’ Eminent Jurists Panel, based on one of the most comprehensive surveys on counter-terrorism and human rights to date, illustrates the extent to which the responses to the events of 11 September 2001 have changed the […]
The Constitutional Role of the Privy Council and the Prerogative
January 26, 2009
“This is a problem of real substance, well beyond mere harmless and quaint ceremonial. It is surely a loophole in our constitutional safety net – a way in which hard law can be directly created, affecting fundamental rights, whilst by-passing Parliament and any prior accountability. The very same issue was a matter of controversy between […]
Righting Miscarriages of Justice?
October 1, 2008
Ten years of the Criminal Cases Review Commission The Criminal Cases Review Commission (CCRC) has its genesis in a series of catastrophic wrongful convictions in the 1970s. The cases of the Guildford Four, the Maguire Seven and the Birmingham Six marked a low point in British justice. The Runciman Commission, set up in response to […]
Human Rights and the Future of the European Union
April 1, 2008
“There is no room for complacency about human rights in Europe in the 21st century.” Human Rights and the Future of the European Union argues that EU institutions must be governed by a clear and coherent legally binding and enforceable human rights framework. Without such a framework, the EU risks becoming a black hole for […]
A British Bill of Rights
November 19, 2007
Informing the debate A bill of rights would be a momentous constitutional development. It would shape our legal and political culture for years to come. The issues are complex and contentious. Only with thorough analysis and debate can we decide if a bill of rights is good for Britain. A British Bill of Rights: Informing […]
The Future of the Rule of Law
November 1, 2007
This paper addresses an issue which is crucial to the success of any constitutional settlement or renewal of our democracy. Adherence to the rule of law should be a cornerstone of any attempt to rebuild trust in political institutions and revitalise engagement in the democratic process. The Future of the Rule of Law specifically argues: […]
From Arrest to Charge in 48 Hours
Complex terrorism cases in the US since 9/11 Executive Summary Under the Fourth Amendment of the US Bill of Rights, the maximum period of pre-charge detention in criminal cases is 48 hours. Despite the US government’s resort to a wide range of exceptional measures since 9/11, including the use of indefinite detention in Guantanamo Bay, […]
The Future of Counter-Terrorism and Human Rights
September 1, 2007
“Fear of terrorist attack may rob individuals of their reason, but it should not be allowed to rob a government of its principles, or a nation of its freedoms”. The six years since 9/11 have given rise to the concept of the ‘new normal’ – where the threat of terrorism means the public must accept […]
A Bill of Rights for Britain?
February 1, 2007
A Bill of Rights for Britain? is a discussion paper. It is published by the JUSTICE Constitution Project. The purpose of the project is to promote an informed debate on the best way to protect fundamental rights in Britain. This paper consults on JUSTICE’s interim findings concerning a modern and enforceable British bill of rights. […]
Intercept Evidence
October 1, 2006
Lifting the ban “Intercept evidence may not be a silver bullet but it is a bullet nonetheless. The time has come for the UK to join the ranks of common law countries that allow such ammunition in the fight against terrorism.” The UK is the only country in the common law world that prohibits completely […]