Law Weblog

A hearing to watch, whatever the result it will be of great constitutional importance

Potentially the most important hearing before the Appellate Committee of the House of Lords in recent times started today. The issue is quite simple: it is whether the government can lawfully detain a criminal suspect without charge, indefinitely.  Foreigners – not UK subjects – can be detained without limit of time under emergency anti-terrorism laws passed shortly after the 11 September 2001. To hold suspects indefinitely, the government opted out of the obligation to provide a right to a fair trail under the European Convention on Human Rights.

Nine law lords, not the usual five, are hearing the case because of the constitutional importance going to the very root of the rule of law. Lord Steyn disqualified himself from sitting because he had publicly criticised the government.