"Indefinite imprisonment without charge or trial is anathema in any country...

[chickenfeet]

...which observes the rule of law"

Well said Lord Nicholls of Birkenhead. I hope the justices of the US Supreme Court are listening because surely the administration isn't.

More here

Comments

[ginny-t.livejournal.com]

Don't forget Churchill: "The power of the executive to cast a man into prison without formulating any charge known to the law, and particularly to deny him judgement by his peers for an indefinite period, is in the highest degree odious, and is the foundation of all totalitarian governments." In 1943, when Britain was far more threatened than the US is today.

What "state of emergency threatening the life of the nation"? When was the UK last hit by a terrorist attack? The only reason they might be a target is because they're falling into step with the US gov't, rather than acting like a sovereign nation on this issue.

I have a question though. Is the House of Lords still a bunch of men with hereditary titles? Is there any sort of election or selection process?

[chickenfeet2003.livejournal.com]

House of Lords/Law Lords

The Law Lords (technically "Lords of Appeal") are senior judges who form in effect the Supreme Court for the UK. By virtue of their office they are life peers and can vote in the House of Lords. Most hereditary peers have had their right to sit in the Lords removed by recent legislation. In effect the House of Lords is now appointed (like the Canadian Senate) although certain persons hold seats there ex officio (the senior bishops for example).

Terrorism in the UK

It's not that long ago that the IRA was blowing stuff up but to suggest that potential radical Islamic terrorism is at State of Emergency level is fairly ridiculous.

Churchill

As so often his rhetoric is somewhat distant from his actions. Nazi sympathisers (e.g. the Mosleys) were detained without trial. Also any number of things were criminalized under the "Defence of the Realm Act". One woman was sentenced to six months in prison for saying that "Churchill was no better than Hitler"; a sentiment that was widely held early in the war by working class people who rememembered his spells as Home Secretary and Chancellor.

[karen2205]

Supreme Court for the UK.

But it's not a Supreme Court in the US sense - it doesn't have the power to overturn Acts of Parliament as unconstitutional.

By virtue of their office they are life peers and can vote in the House of Lords.

Yep, but serving Law Lords tend to be quite cautious about acting as members of the legislature, given their wish to ensure separation of the three branches of govt. I believe Lord Birkenhead has now retired as a Law Lord.

The only reason they might be a target is because they're falling into step with the US gov't, rather than acting like a sovereign nation on this issue.

Oh, the UK's definitely a target for Al Quaeda type groups. It's a matter of when, not if an attack takes place. What we've got that the US doesn't have is the 30 + years of experience at dealing with a terrorist threat.

[chickenfeet2003.livejournal.com]

But it's not a Supreme Court in the US sense - it doesn't have the power to overturn Acts of Parliament as unconstitutional.

I guess the absence of a constitution makes that inevitable. I think it's fair to say though that the Law Lords can make an act unenforceable in practice.

[tanuja.livejournal.com]

Both of Mr Tanuja's grandfathers hated Churchill, for his role in calling the police onto the miners (one of his grandfathers was a miner), amongst other things.

As for the US Supreme court, you have to hope that they can see beyond partisan politics when dealing with this issue, because I doubt that the administration cares what the UK says, just as long as the UK supports them with troops. Don't even get me started on the "pro-life" (or anti-choice as it's become in our household) agenda of the US president. (grr, foams at mouth)