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 […]
Changing the Rules
September 1, 2006
The judiciary, human rights and the constitution ‘The rules have changed’, the Prime Minister famously stated as he announced a package of measures to deal with terrorism in the wake of the London bombings in July 2005. In relation to deportations, he warned the judiciary not to interfere with proposals to negotiate agreements with states […]
Restorative Justice: The way ahead
May 28, 2004
Advocates of restorative justice make bold claims about its potential. That it benefits victims, offenders and the wider community. That it can cut crime and reduce prison populations. That it can restore faith in the criminal justice process. Are such claims justified? And how can human rights, fair trial and due process be safeguarded? Restorative Justice: […]