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Tag: Bill of Rights

Liberty and Human Rights, Part Four: Parliamentary Sovereignty and the ‘Elective Dictatorship’ – Julian Petley

As we have seen, Raab claims that the Bill of Rights “helped mould a separation of powers between government, Parliament and the courts – a system of checks and balances to prevent any one branch of the state from dominating the others or abusing its power”. But as far back as 1976 the Conservative sometime Lord Chancellor, Lord Hailsham, was warning that the parliamentary system could be exploited in such a manner that it could act as an ‘elective dictatorship’. Continue reading

Liberty and Human Rights. Part Three: Dominic Raab and the Bill of Rights 1689 – Julian Petley

Raab’s view of the Bill of Rights 1689 is, if anything, even more rose-tinted than his misty-eyed evocation of Magna Carta. According to him, the Bill “built on earlier rights. Fair trial safeguards were added, strengthening the independence of the jury selection from bias, and requiring the prior conviction of a criminal offence before the imposition of fines or the forfeiture of property”. He also points out that it added to Article 20 of Magna Carta “a ban on the infliction of ‘cruel and unusual punishments’”, which he sees as “an early precursor to the modern ban on torture”. Continue reading

An Internet Bill of Rights? Pros and cons of the Italian way – Oreste Pollicino and Marco Bassini

pollicino-bassiniLast week, an Italian committee of politicians and experts announced its Declaration of Internet Rights, making Italy the first country to introduce an internet bill of rights. Oreste Pollicino, Professor of Comparative Public Law and Media Law at Bocconi University and Counsel of Portolano Cavallo Studio Legale, and Marco Bassini, PhD Researcher in Constitutional Law at the University of Verona and Fellow at Bocconi University, look at what the Declaration means in practice. Continue reading

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