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Topic: Law Lords

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  Judicial functions of the House of Lords - Wikipedia, the free encyclopedia
The House of Lords appointed a Committee for Petitions.
The position of the Lords Spiritual (the Archbishops and Bishops of the Church of England with seats in the House), however, was unclear.
"The Appellate Jurisdiction of the House of Lords." (2003).
en.wikipedia.org /wiki/Law_Lords   (4379 words)

 English and Welsh law - Wikipedia, the free encyclopedia
The essence of common law is that it is made by judges sitting in courts, applying their common sense and knowledge of legal precedent to the fact before them.
This practice of the common law (as opposed to civil law) was exported to Commonwealth countries while the British Empire was established and maintained, and persisted after the British withdrew or were expelled, to form the basis of the jurisprudence of many of those countries.
English law prior to the Wars of Independance is still an influence on United States law, and provides the basis for many American legal traditions and policies.
en.wikipedia.org /wiki/English_law   (443 words)

 Guardian Unlimited | Special reports | Law lords back terror detainees
The law lords have no powers to strike out the act but experts said their ruling had left the government in an impossible position.
One of the law lords, Lord Hoffmann of Chedworth suggested that the act itself was a bigger threat to the nation than terrorism.
Lord Bingham of Cornhill, the senior lord of appeal and former lord chief justice, said that the powers under which the men were held were incompatible with European human rights laws because they "discriminate on the ground of nationality or immigration status".
www.guardian.co.uk /terrorism/story/0,12780,1374967,00.html   (778 words)

 Guardian Unlimited | The Guardian | Law lords consider 'art nouveau gothic' court for new home
The law lords yesterday went on a tour of Middlesex Guildhall, the building which seems to be emerging as the frontrunner in the search for a home for the new supreme court.
It meets the law lords' requirement for a suitably "prestigious" building and complies with the wish of Lord Falconer, the constitutional affairs secretary, that the UK's new top court should not be sited too near the Royal Courts of Justice, the centre of the English court system.
Lord Bingham initially favoured the west wing of Somerset House in the Strand, central London, but the wing is occupied by 400 Inland Revenue staff.
www.guardian.co.uk /guardianpolitics/story/0,3605,1204849,00.html   (541 words)

 Guardian Unlimited | Special reports | Law lords consider 'torture' appeal
Ben Emmerson QC, for the detainees, told the panel of law lords that the appeal court was wrong to give a ruling last August that permitted the use of evidence that may have been gleaned from torture abroad.
Judgments from the law lords are normally handed down between six and eight weeks after they have heard all of the evidence.
Lord Carlile, a Liberal Democrat peer appointed by the government to review its anti-terror legislation, has said evidence from possible torture should be used in a way that was "proportional" and not "fixed".
www.guardian.co.uk /terrorism/story/0,12780,1594272,00.html?gusrc=rss   (798 words)

 BBC News | UK | Seven Law Lords hold key to Pinochet's fate
Aged 60, Lord Hope was Scotland's most senior judge before becoming a Law Lord, and is the senior Scottish judge among the Law Lords.
He is a retired Law Lord who is eligible to sit on the panel hearing the Pinochet case.
Aged 60, Lord Phillips is currently chairing the BSE enquiry which is considering whether the previous government responded adequately to the spread of mad cow disease, and its implications for the civilian population.
news.bbc.co.uk /1/hi/uk/253444.stm   (371 words)

 Britain: Law Lords terror ruling provokes constitutional crisis
The hearing was seen to be of such constitutional significance that the nine law lords, rather than the usual five, heard the appeal.
Lord Hope said that whilst the court was responsible for upholding laws aimed at safeguarding the lives of British citizens, it also had another duty, to protect “the individual’s right to liberty.”
Macdonald, one of approximately 19 barristers appointed by the solicitor general to represent detainees held without charge, said his decision was prompted not only by the law lords ruling, but because his appointment as special advocate was being used to claim that those held were being accorded their human rights.
www.wsws.org /articles/2004/dec2004/lord-d22.shtml   (1709 words)

 Guardian Unlimited | The Guardian | Inquest juries can blame suicides on jails, law lords rule
Five law lords unanimously ruled that an earlier ruling virtually barring jurors from blaming shortcomings in the prison system for contributing to a prisoner's death no longer applied.
Lords Bingham, Hope, Walker and Carswell and Lady Hale said that when appropriate inquests should "culminate in an expression, however brief, of the jury's conclusion on the disputed factual issues at the heart of the case".
The number of deaths in custody was "shocking", the law lords added, with suicides more than doubling from 1982 to 1998.
www.guardian.co.uk /uk_news/story/0,3604,1167546,00.html   (494 words)

 Law Lords decision highlights the benefit of British Horse Society membership -- Equiworld Magazine March 2003
The Law Lords upheld an earlier decision in the Appeal Court whereby, although the owners were not negligent, under the 1971 Animals Act they were deemed liable for their horses' behaviour.
The 3-2 decision last week was based on the Law Lords' interpretation of the Act which states that the keeper of the animal which does not belong to a dangerous species is liable for damage caused by characteristics not normally found in the species except at certain times or in particular circumstances.
Lords Slynn and Scott disagreed, saying that strict liability should not apply to the keeper of an animal that is not normally dangerous.
www.equiworld.net /uk/ezine/0303/bhs10.htm   (492 words)

 t r u t h o u t - Blair's 'Guantanamo' Threatens Constitutional Crisis
The Government's refusal to withdraw its anti-terror laws has left Britain on the brink of a constitutional crisis that threatens centuries of hard-won civil liberties, it was claimed last night.
The law lords' landmark judgment has, in effect, dismantled the centerpiece of the Government's anti-terror policy in the wake of the 11 September 2001 attacks on the U.S..
That could answer the central charge against the Government by a majority of the law lords that men are being detained without any evidence being presented to the courts.
www.truthout.org /docs_04/121904C.shtml   (939 words)

 ESPN.com Soccernet England: News - Grobbelaar wins libel case, roasted by law lords
However, on Thursday, law lords ruled the appeals court was wrong to overturn a jury verdict in the way it did.
The five law lords were scathing of Grobbelaar, who won six English league titles with Liverpool in a colourful and glittering 13-year career.
The law lords conceded that while Grobbelaar had accepted bribes, it had never been proved he had 'carried out his dishonest bargain' to throw matches.
www.soccernet.com /england/news/2002/1003/20021024grobbelaar.html   (360 words)

 AM - Law Lords deal blow to UK anti-terror laws
Lord Bingham spoke for the other judges when he slammed the inconsistencies in the Government's law, which only applies to foreign nationals, not British citizens who might constitute an equal, or even more serious terrorist threat.
LORD BINGHAM: That the measures unjustifiably discriminate against foreign nationals on the ground of their nationality or immigration status, and are not strictly required since they provide for the detention of some, but not all of those who are said to present the same risk.
Their critics, the Law Lords now amongst them, say the law is bad and inhumane.
www.abc.net.au /am/content/2004/s1267427.htm   (628 words)

 UK: Authorities must act immediately on Law Lords ruling
Amnesty International is relieved at today's ruling of a panel Law Lords that legislation, adopted in the United Kingdom (UK) in the aftermath of the attacks in the USA on 11 September 2001, was in breach of the human rights of the people detained under it.
Amnesty International notes that the Law Lords did not come to any conclusion as to the admissibility of evidence obtained through torture in Special Immigration Appeals Commission proceedings.
The nine Law Lords found that Section 23 of the ATCSA 2001, which allows for the indefinite detention without charge or trial of non-British nationals, violated the detainees' human rights because the provisions were disproportionate and discriminatory.
amnestyusa.org /news/document.do?id=80256DD400782B8480256F6C00622E1F   (764 words)

 LLRX -- Update to A Guide to the UK Legal System
The House of Lords until recently consisted of life peers, awarded peerages for public service, and a large number of hereditary peers whose membership of the House of Lords depended on their aristocratic birth.
The constitutional law of the UK is regarded as consisting of statute law on the one hand and case law on the other, whereby judicial precedent is applied in the courts by judges interpreting statute law.
The principal law officer is the Lord Advocate.
www.llrx.com /features/uk2.htm   (4564 words)

 [No title]   (Site not responding. Last check: 2007-11-06)
The Lords' rejection of this argument hinged on the lack of legal aid needed to bring the cases before the South African courts.
Noting that the people involved in the claims were mostly "fl and of modest means", Lord Bingham, the senior Law Lord, said in his ruling that they would "have no means of obtaining the professional representation and the expert evidence which would be essential".
The House of Lords ruling, the culmination of a three-year legal battle, carries the prospect of transnationals being sued in the UK for harm they have allegedly caused to communities abroad.
www.amnesty.org.uk /business/newslet/autumn00/landmark.shtml   (393 words)

 English law
Also known generally as the common law (as opposed to civil law), it was exported to Commonwealth countries while the British Empire was established and maintained, and persisted after the Bristish withdrew or were expelled, to form the basis of the jurisprudence of many of those countries.
Common law can be amended or repealed by Parliament, for example, murder carries a mandatory life sentence today, but had previously allowed the death penalty.
However, while England and Wales retains the common law the UK is part of the European Union and European Union Law is effective in the UK.
www.brainyencyclopedia.com /encyclopedia/e/en/english_law.html   (438 words)

 British Law Lords Reject Euthanasia
Lord Bingham was deeply sympathetic to Diane Pretty's plight, calling the prognosis distressing and the disease cruel in newspaper accounts of the court's decision.
Pretty," he told BBC News, but "mercy killing is in law killing." He elaborated by expressing his concern that lifting the ban on euthanasia might convince some of Britain's elderly, who otherwise would have no desire to die, to end their lives thinking they are a "burden" to others.
The Law Lords' refusal to exempt those who kill a disabled person from punishment maintains the equal protection of the law for all citizens.
www.nrlc.org /news/2001/NRL12/brit.html   (1004 words)

 Confusion over Pinochet
Instead of giving a clear ruling on the reach of international law, as observers around the world had expected, the Law Lords have so muddied the waters that their decision will have little influence on courts elsewhere and is likely to confuse even the lower courts in Britain.
Most of the Law Lords said that Mr Straw must now reconsider his decision to allow extradition hearings to proceed, and General Pinochet’s lawyers have already lodged an appeal of Mr Straw’s decision before a London court.
Five Law Lords have embarked on a rewriting of British extradition law, ruling that extradition can take place only if the alleged act was criminal in both Britain and Spain at the time it was committed, rather than at the time of the extradition request.
www.csn.ul.ie /~gombean/news/pinochet.html   (686 words)

 Guardian Unlimited Politics | Special Reports | Law lords rule there is no right to privacy
Five law lords yesterday rejected an attempt to establish that a right exists under English law to sue for invasion of privacy.
Lord Hoffmann said strip-searching was controversial because "having to take off your clothes in front of a couple of prison officers is not to everyone's taste".
Lawyers for Mrs Wainwright and her son argued that English law should now recognise a separate right to sue for breach of privacy.
politics.guardian.co.uk /homeaffairs/story/0,11026,1064949,00.html   (503 words)

 CBC News: Law Lords say Britain can't hold terrorism suspects indefinitely
The law drafted after the 2001 al-Qaeda attacks against the United States required the British government to opt out of sections of the European Convention on Human Rights.
Nine Law Lord justices heard arguments in the case, instead of the usual five, and all but one rejected the government's case that indefinite detention was necessary to prevent extremist attacks in Britain.
Baroness Brenda Hale was one of the Law Lords who ruled that the policy violates human rights because it applies only to foreign suspects, not British ones.
www.cbc.ca /story/world/national/2004/12/16/terrorism-ruling041216.html   (534 words)

 Law lords allow refugees to live where they choose - Stormfront White Nationalist Community   (Site not responding. Last check: 2007-11-06)
Asylum seekers have the right to seek council housing in the area of their choice once granted the right to settle, five law lords ruled yesterday in a case with implications for London and the south east.
In a test case, four law lords unanimously held that two families of destitute asylum seekers, who were sent to Glasgow under the government scheme to disperse homeless refugees around the country, but who wanted to settle in London; were not bound to seek homes in Glasgow.
Ammar Al-Ameri, an Iraqi with a wife and two daughters who arrived in the UK in May 2001, and Maria Osmani, an Afghani who came with her two sons in December 2000, had claimed the right to seek accommodation in the capital.
www.stormfront.org /forum/showthread.php?t=114777   (762 words)

 Law lords condemn Blunkett's terror measures
12/17/04 "The Independent" -- Controversial anti-terror laws championed by David Blunkett in the aftermath of the 11 September 2001 attacks were dealt a devastating blow yesterday in a historic judgment by the House of Lords.
The law lords' opinion, delivered by an eight-to-one majority, leaves the Government little option but to rethink its key policy on terrorism.
Lord Hoffmann, one of the panel of nine law lords, said: "[This case] calls into question the very existence of an ancient liberty of which this country has until now been very proud: freedom from arbitrary arrest and detention."
www.informationclearinghouse.info /article7500.htm   (860 words)

 ipedia.com: Politics of the United Kingdom Article   (Site not responding. Last check: 2007-11-06)
Parliament is bicameral, consisting of the House of Commons and the House of Lords.
The House of Lords was previously a hereditary, aristocratic chamber.
The House of Lords is also the final court of appeal within the United Kingdom, although in practice only a small subset of the House of Lords, known as the Law Lords, hear judicial cases.
www.ipedia.com /politics_of_the_united_kingdom.html   (3686 words)

 LLRX -- Finding the Law: Islamic law (Sharia)
Islamic law codifies beliefs that are deeply held by a significant proportion of the world's population and which those believers consider to be immutable and of universal vocation.
Islamic law derives from the Koran (Q'uran) and from the Sunnah and hadith: the writings of prophets and scholars, mostly until the fall of Baghdad in 13th Century.
Islamic law merits study not only for its substantive role when called upon by civil law in matters of family relationships and property or by religious courts, but also because it may be a motivating force inspiring judges in their application of civil and commercial laws.
www.llrx.com /features/islamiclaw.htm   (4417 words)

 In the News - Full Article, In the News, News and Events, School of Law, Northwestern University
Britain 's Law Lords ruled 8-1 that similar detentions of a far smaller number of suspected terrorists in Britain – even with greater procedural safeguards than at Guantanamo – are “incompatible” with the rights to liberty and equality guaranteed by the European Convention on Human Rights.
Whatever threat Britain may face from Al Qaeda, opined one Law Lord, it does not threaten the life of the nation.
However, a majority of seven Law Lords, while expressing some doubts, gave the executive the benefit of the doubt and accepted that there is an emergency.
www.law.northwestern.edu /news/article_full.cfm?eventid=1641   (1022 words)

 Spencer, Spencer and Kent, 'Practitioners' use of online law reports: Implications for law schools' [2002] 2 Web JCLI
Here the term "law report" is used somewhat promiscuously to describe any account of a case produced by a law reporter and to differentiate accounts of cases from other legal media such as statutes and subordinate legislation.
Electronic law reports are often used when a student needs a copy of a case for a tutorial because it is easier to print from a computer.
Lord Bingham advised participants in the Cambridge conference that it was essential to educate students in handling law reports"It does seem to me very important indeed that law students should be taught and trained how to use and how not to use reported authority.
spade3.ncl.ac.uk /2002/issue2/spencer2.html   (8995 words)

 U.K.: Law Lords Rule Indefinite Detention Breaches Human Rights (Human Rights Watch, 16-12-2004)
The U.K. parliament approved the law in the wake of the September 11 attacks.
The Judicial Committee of the House of Lords ruled by a majority of eight to one that indefinite detention discriminates on the grounds of nationality (article 14 of the ECHR), because it applies only to foreign nationals suspected of terrorism, despite a comparable threat from terrorism suspects with U.K. nationality.
The judgment of the Law Lords follows a growing chorus of U.K. and international criticism against indefinite detention, including by the Privy Counsellor Review Committee (“Newton Committee”) and Joint Human Rights Committee of the U.K. Parliament, the Council of Europe Commissioner for Human Rights, and most recently by the United Nations Committee against Torture.
hrw.org /english/docs/2004/12/16/uk9890.htm   (593 words)

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