Tag: detention
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Craig Wells: The Veneer of Contentment: Mustafa, Salford and the Gaps the Deprivation of Liberty Reference Left Behind
In June I argued on this blog that the Supreme Court’s decision in A Reference by the Attorney General for Northern Ireland [2026] UKSC 16 broke faith with a discipline that runs from chapter 29 of the Magna Carta through the writ of habeas corpus to Article 5: that a confinement must rest on a…
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Craig Wells: The Discipline of Reasons: Liberty, Vulnerability and Arbitrary Power in A Reference by the Attorney General for Northern Ireland [2026] UKSC 16
It is seldom that the much-mythologised Magna Carta is actually engaged. Yet in A Reference by the Attorney General for Northern Ireland [2026] UKSC 16 (the Deprivation of Liberty Reference) the Supreme Court arguably permitted the violation of one of the oldest constitutional rights on our statute book: that no person shall be detained except…