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A and Others v. Secretary of State for the Home Department

United Kingdom, England.  16 December 2004 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Aliens — Immigration and deportation — Alien suspected of terrorist activity — Whether subject to deportation — Whether liable to detention if deportation not practicable — Discrimination — Objective differences between aliens and nationals — Whether justifying differences in treatment — Customary international law regarding detention of aliens in time of war and national emergency

Human rights — Right to liberty — Discrimination — Detention of aliens suspected of involvement in terrorism — Detention limited to persons who cannot be deported — Whether discriminatory — European Convention on Human Rights, 1950, Article 15(1) — Extent of right to derogate from Convention — Notice of derogation — Nature of public emergency threatening the life of the nation — Whether measures taken strictly required by the exigencies of the situation — Other human rights treaties

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Human Rights Act 1998 — Whether right to derogate more limited under Act than under Convention — Customary law — Application by national courts

Terrorism — Definition — Anti-terrorism, Crime and Security Act 2001 — Terrorism as threat to international peace and security — Role of the courts in controlling executive and legislative action in the field of terrorism — The law of England

Type
Case Report
Copyright
© Cambridge University Press 2010

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