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In English law, natural justice is technical terminology for the rule against bias and the right to a fair hearing. While the term natural justice is often retained as a general concept, it has largely been replaced and extended by the general "duty to act fairly".
John Sankey, 1st Viscount Sankey, was a British lawyer, judge, Labour politician and Lord High Chancellor of Great Britain, famous for many of his judgments in the House of Lords. He gave his name to the Sankey Declaration of the Rights of Man (1940).
The Habeas Corpus Act 1679 is an Act of Parliament in England during the reign of King Charles II. It was passed by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of habeas corpus, which required a court to examine the lawfulness of a prisoner's detention and thus prevent unlawful or arbitrary imprisonment.
The Prevention of Terrorism Act 2005 was an Act of the Parliament of the United Kingdom, intended to deal with the Law Lords' ruling of 16 December 2004 that the detention without trial of eight foreigners at HM Prison Belmarsh under Part 4 of the Anti-terrorism, Crime and Security Act 2001 was unlawful, being incompatible with European human rights laws.
Human rights in the United Kingdom concern the fundamental rights in law of every person in the United Kingdom. An integral part of the UK constitution, human rights derive from common law, from statutes such as Magna Carta, the Bill of Rights 1689 and the Human Rights Act 1998, from membership of the Council of Europe, and from international law.
The Supreme Court of the United Kingdom is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population.
Prisoner abuse is the mistreatment of persons while they are under arrest or incarcerated. Prisoner abuse can include physical abuse, psychological abuse, sexual abuse, torture, or other acts such as refusal of essential medication.
In England and Wales, life imprisonment is a sentence that lasts until the death of the prisoner, although in most cases the prisoner will be eligible for early release after a minimum term set by the judge. In exceptional cases a judge may impose a "whole life order", meaning that the offender is never considered for parole, although they may still be released on compassionate grounds at the discretion of the Home Secretary. Whole life orders are usually imposed for aggravated murder, and can only be imposed where the offender was at least 21 years old at the time of the offence being committed.
A and others v Secretary of State for the Home Department[2004] UKHL 56 is a UK human rights case heard before the House of Lords. It held that the indefinite detention of foreign prisoners in Belmarsh without trial under section 23 of the Anti-terrorism, Crime and Security Act 2001 was incompatible with the European Convention on Human Rights.
United Kingdom administrative law is part of UK constitutional law that is designed through judicial review to hold executive power and public bodies accountable under the law. A person can apply to the High Court to challenge a public body's decision if they have a "sufficient interest", within three months of the grounds of the cause of action becoming known. By contrast, claims against public bodies in tort or contract are usually limited by the Limitation Act 1980 to a period of 6 years.
The United Kingdom constitutional law concerns the governance of the United Kingdom of Great Britain and Northern Ireland. With the oldest continuous political system on Earth, the British constitution is not contained in a single code but principles have emerged over the centuries from common law statute, case law, political conventions and social consensus. In 1215, Magna Carta required the King to call "common counsel" or Parliament, hold courts in a fixed place, guarantee fair trials, guarantee free movement of people, and free the church from the state; it also enshrined the rights of "common" people to use the land.
Article 8 of the European Convention on Human Rights provides a right to respect for one's "private and family life, his home and his correspondence", subject to certain restrictions that are "in accordance with law" and "necessary in a democratic society". The European Convention on Human Rights (ECHR) is an international treaty to protect human rights and fundamental freedoms in Europe.
Death row, also known as condemned row, is a place in a prison that houses inmates awaiting execution after being convicted of a capital crime and sentenced to death. The term is also used figuratively to describe the state of awaiting execution, even in places where no special facility or separate unit for condemned inmates exists. In the United States, after an individual is found guilty of a capital offense in states where execution is a legal penalty, the judge will give the jury the option of imposing a death sentence or life imprisonment without the possibility of parole. It is then up to the jury to decide whether to give the death sentence; this usually has to be a unanimous decision. If the jury agrees on death, the defendant will remain on death row during appeal and habeas corpus procedures, which may continue for several decades.
Indefinite detention is the incarceration of an arrested person by a national government or law enforcement agency for an indefinite amount of time without a trial; the practice violates many national and international laws, including human rights laws. In recent years, governments have indefinitely incarcerated individuals suspected of terrorism, often in black sites, sometimes declaring them enemy combatants.
The constitution of the United Kingdom or British constitution comprises the written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. Unlike in most countries, no attempt has been made to codify such arrangements into a single document, thus it is known as an uncodified constitution. This enables the constitution to be easily changed as no provisions are formally entrenched; the Supreme Court of the United Kingdom recognises that there are constitutional principles, including parliamentary sovereignty, the rule of law, democracy, and upholding international law.
F-Type-Prisons, officially called F-type High Security Closed Institutions for the Execution of Sentences, are high-security prisons designated by Turkish Law 5275 on the Execution of Sentences.
In the United States of America, Prisoner Law refers to litigation that determines the freedoms that a prisoner either holds or loses when they are incarcerated. This includes the end of the Hands- Off Doctrine and the ability to be protected by the First, Fourth, Eighth, and Fourteenth Amendments. Furthermore, prisoner laws regulate the ways in which individuals experience privacy in a prison setting. Important case laws have arisen through time that have either hindered or protected prisoners from certain rights. Some include the Hudson v. Palmer case which held that prisoners were not protected against searches and seizures of their prison cells and Wolff v. McDonnell that stated that prisoners shall remain entitled to some of their constitutional rights even after being incarcerated.
R v Secretary of State for the Home Department, ex parte Simms [1999] UKHL 33 is a UK constitutional law case, concerning parliamentary sovereignty.
Hudson v. Palmer, 468 U.S. 517 (1984), is a United States Supreme Court case in which the Court held that prison inmates have no privacy rights in their cells protected by the Fourth Amendment to the United States Constitution. The Court also held that an intentional deprivation of property by a state employee "does not violate the Fourteenth Amendment if an adequate postdeprivation state remedy exists," extending Parratt v. Taylor to intentional torts.
Armenian prisoners of Second Nagorno-Karabakh War are servicemen of the Defense Army of the Republic of Artsakh and the Armed Forces of the Republic of Armenia, as well as civilians and other detainees, who surrendered or were forcibly captured by the Azerbaijani Armed Forces during and after the conflict in 2020 between Azerbaijan and the self-proclaimed Republic of Artsakh together with Armenia in the disputed region of Nagorno-Karabakh and surrounding areas.
References
- Helen Fenwick and Gavin Phillipson, "Text, cases & materials on public law & human rights" (2 rev ed), Routledge Cavendish, 2003, ISBN 1-85941-655-1