[SOLUTION] Human Rights Obligations
Critically discuss the legality/illegality of indefinite detention on national security grounds vis-à-vis human rights law in light of the judgement in A v Secretary of State for the Home Department [2005] UKHL 71. · Define and briefly discuss what judicial review is. Discuss what matters are justiciable and what matters are not (USE CASES). · Discuss Article 15 of the ECHR and the exceptions that allows member states to derogate from their human rights obligations. · Discuss the case of A v Secretary of State in light of the Anti-terrorism, Crime and Security Act 2001, and the UKs derogation from Art.5 ECHR. · Analyze the different opinion of the Law Lords. Critically analyze the majority decision and the dissenting opinion. · Draw a conclusion that ties in all the points in your essay and determine if the indefinite detention of the prisoners was in line with the exception of an emergency threatening the life of a nation. https://www.bailii.org/uk/cases/UKHL/2005/71.html (FULL DECISION OF THE COURT AND THE OPINION OF THE LAW LORDS)
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