(410)  LORD HOPE (AND HUME) ON LIBERTY

LORD HOPE (AND HUME) ON LIBERTY

The House of Lords on 16 December 2004 issued its speeches on the case of A (FC) v Home Secretary [2004] UKHL 56, finding (by a majority of 8-1) that the Anti-Terrorism, Crime and Security Act 2001 was incompatible with Article 5 ECHR (right to liberty) insofar as it enabled the indefinite detention without trial of foreigners suspected as terrorists; and that the Human Rights Act 1998 (Designated Derogation) Order 2001, made in respect of the Act, was not justified by a threat to the life of the nation” under Article 15 ECHR.  Amongst several references by their Lordships to Magna Carta