The Human Rights Implications Of Uk Extradition Policy
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Author | : Great Britain: Parliament: Joint Committee on Human Rights |
Publisher | : The Stationery Office |
Total Pages | : 78 |
Release | : 2011-06-22 |
Genre | : Business & Economics |
ISBN | : 9780108473500 |
The Joint Committee on Human Rights concludes that the current statutory framework does not provide effective protection for human rights. The rights most often relevant to extradition are: prohibition of torture; fair trial; liberty and security; private and family life; and prohibition of discrimination. The Committee calls on the Government to spell out detailed safeguards in the statutory framework. Parliament should be asked to commence the "most appropriate forum" safeguard in the Police and Criminal Justice Act 2006 and that a requirement for the requesting country to show a prima facie case or similarly robust evidential threshold should be introduced in extradition cases. The most appropriate forum safeguard would require the judge to consider whether it is in the interests of justice for the individual to be tried in the requesting country - and to refuse the extradition request if it is not. The committee also calls for negotiated changes to the European Arrest Warrant, a review of the provision of legal representation. The committee also concludes that the power of the Secretary of State to refuse extradition to non-EU countries should not be extended. The powers of the judge in an extradition case should instead ensure adequate protection of rights.
Author | : Clive Nicholls QC |
Publisher | : Oxford University Press, USA |
Total Pages | : 877 |
Release | : 2013-03-14 |
Genre | : Law |
ISBN | : 0199692815 |
Nicholls, Montgomery, and Knowles on The Law of Extradition and Mutual Assistance provides a comprehensive and analytical treatment of the laws covering the extradition and mutual assistance agreements, as well as international mutual assistance. Provides extensive treatment of both extradition and mutual assistance in one text.
Author | : David A. Sadoff |
Publisher | : Cambridge University Press |
Total Pages | : 725 |
Release | : 2016-12-24 |
Genre | : Law |
ISBN | : 1107129281 |
A novel and robust examination of all policy means and their lawfulness for recovering fugitives abroad via extradition or its alternatives.
Author | : Richard Stone |
Publisher | : Oxford University Press, USA |
Total Pages | : 596 |
Release | : 2014 |
Genre | : Law |
ISBN | : 0198701551 |
Written primarily for students, this textbook will also be of interest to anyone who is concerned about restrictions on individual freedom. The author assesses the impact of the Human Rights Act 1998 and the Freedom of Information Act 2000.
Author | : United States. Department of Justice |
Publisher | : |
Total Pages | : 720 |
Release | : 1985 |
Genre | : Justice, Administration of |
ISBN | : |
Author | : Brice Dickson |
Publisher | : Oxford University Press, USA |
Total Pages | : 472 |
Release | : 2013-03-28 |
Genre | : Law |
ISBN | : 0199697450 |
How does the UK Supreme Court approach human rights law? This book provides the first comprehensive overview of human rights in the highest UK court, criticizing the failure of UK judges to develop the common law in sympathy with human rights.
Author | : Christopher H. Pyle |
Publisher | : Temple University Press |
Total Pages | : 460 |
Release | : 2001 |
Genre | : Law |
ISBN | : 9781566398237 |
Three hundred years ago, few people cared about the murky past of new arrivals to the United States, and the countries they had left made few efforts to pursue them to their new home. Today with the growth of bureaucracy, telecommunications, and air travel, extradition has become a full-time business. But the public's knowledge of, and consequent concern about, extradition remains minimal, aroused from time to time by newspaper headlines, only to fade. In this readable and compelling history of extradition in America, Christopher Pyle remedies that ignorance. Using American constitutional law and drawing on a wealth of historical cases, he describes the collision of law and politics that occurs when a foreign country demands the surrender of individuals held to be terrorists by some and freedom fighters by others. He shows how U.S. policymakers have attempted to substitute deportation for extradition, and turn the surrender of a foreign national (or even an American citizen) into a political rather than a judicial process. Beginning with the New England Puritans' refusal to surrender to the "regicides" who had signed the death warrant of King Charles I, he traces the attitudes and ideologies that have shaped American extradition practice, culminating in the efforts by the Reagan and Bush administrations to turn the legal extradition process into an executive tool of state policy. Along the way we meet such legal luminaries as James Madison and John Stuart Mill, William Rehnquist and Oliver North, as well as pirates and fugitive slaves, anarchists and refugees, drug lords and runaway sailors. Woven throughout this story is the author's belief that current developments in extradition law ignore or actually violate the principles of individual liberty, due process, and humanity on which we claim our country was built. As he remarks in the Introduction, "Extradition involves the surrender of human beings--persons under the protection of our Constitution--to foreign regimes, many of which are unjust. This reality was well understood in the eighteenth and nineteenth centuries, when the United States was a refuge for the victims of European oppression, but it has been disregarded frequently in the twentieth century as we have sought to stem the tide of immigration and develop advantageous economic and political relations with autocratic regimes of every stripe." Author note: Christopher H. Pyle is Professor of Politics at Mount Holyoke College. He is the author of several books and Congressional reports and has frequently testified before Congress on the subject of extradition and deportation.
Author | : Lieve Gies |
Publisher | : Routledge |
Total Pages | : 195 |
Release | : 2014-07-11 |
Genre | : Law |
ISBN | : 1317950585 |
Drawing on social-legal, cultural and media theory, this book is one of the first to examine the media politics of human rights. It examines how the media construct the story of human rights, investigating what lies behind the apparent media hostility to human rights and what has become of the original ambition to establish a human rights culture. The human rights regime has been high on the political agenda ever since the Human Rights Act 1998 was enacted. Often maligned in sections of the press, the legislation has entered popular folklore as shorthand for an overbearing government, an overzealous judiciary and exploitative claimants. This book examines a range of significant factors in the mediation of human rights, including: Euroscepticism, the war on terror, the digital reordering of the media landscape, , press concerns about an emerging privacy law and civil liberties. Mediating Human Rights is a timely exploration of the relationship between law, politics and media. It will be of immense interest to those studying and researching across Law, Media Studies, Human Rights, and Politics.
Author | : Great Britain: Parliament: House of Commons: Home Affairs Committee |
Publisher | : The Stationery Office |
Total Pages | : 88 |
Release | : 2012-03-30 |
Genre | : Political Science |
ISBN | : 9780215043641 |
US-UK extradition Treaty : Twentieth report of session 2010-12, Vol. 1: Report, together with formal minutes, oral and written Evidence
Author | : Asif Efrat |
Publisher | : Oxford University Press |
Total Pages | : 329 |
Release | : 2023-01-03 |
Genre | : Conflict of laws |
ISBN | : 019765889X |
"Intolerant Justice examines how national legal systems handle dilemmas of international cooperation: Should our citizens stand trial in foreign courts that do not meet our standards? Should we extradite offenders to countries with a poor human rights record? Should we enforce rulings issued by foreign judges whose values are different from our own? This book argues that ethnocentrism - the human tendency to divide the world into superior in-groups and inferior out-groups - fuels fear and mistrust of foreign justice and sparks domestic political controversies: while skeptics portray foreign legal systems as a danger and threat, others dismiss these concerns. The book traces this dynamic in a range of cases, including the American hesitation to allow criminal trials of troops in the courts of NATO countries; the debate over the proper venue for trying Europeans who joined ISIS as foreign fighters; the dilemma of extradition to China; the British debate over extradition to the U.S. and the EU; the European wariness toward U.S. civil judgments; the American-British divide over free speech and libel suits; the establishment of mutual legal assistance treaties; and cooperation against child abduction. Despite the growing role of law and courts in international politics, Intolerant Justice suggests that cooperation among legal systems often meets resistance - and it shows how this resistance can be overcome"--