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14 Apr 2021, 4:07 pm by INFORRM
Over-vigorous application of a statutory offence might be greeted in similar terms to those employed by the Lord Chief Justice in the Twitter Joke Trial case (Chambers v DPP), an appeal from conviction under s.127 of the Communications Act 2003: “The 2003 Act did not create some newly minted interference with the first of President Roosevelt’s essential freedoms – freedom of speech and expression. [read post]
6 Apr 2021, 12:43 am by Cyberleagle
Over-vigorous application of a statutory offence might be greeted in similar terms to those employed by the Lord Chief Justice in the Twitter Joke Trial case (Chambers v DPP), an appeal from conviction under s.127 of the Communications Act 2003:“The 2003 Act did not create some newly minted interference with the first of President Roosevelt's essential freedoms – freedom of speech and expression. [read post]
16 Nov 2020, 4:10 pm by INFORRM
  In Steel v United Kingdom ((2005) 41 EHRR 22) the Court found violations of Article 6 and Article 10 ECHR. [read post]
23 Sep 2020, 6:30 am by Mark Graber
  Liberal scholars pronounced John Bingham the second coming of James Madison, celebrated the post-Civil War amendments as a Second Constitutional Founding/Revolution, and documented that the privileges and immunities clause was intended to incorporate the Bill of Rights. [read post]
21 Sep 2020, 6:43 am by INFORRM
Recent cases citing these rights together include Watson v Campos [2016] IEHC 18 (14 January 2016) [28] (Barrett J); Rooney v Shell E&P Ireland [2017] IEHC 63 (20 January 2017) [31]-[32] (Ní Raifeartaigh J); Ryanair v Channel 4 Television [2017] IEHC 651 (05 October 2017) [49]-[52] (Meenan J). [read post]
4 Sep 2020, 3:58 am by CMS
  The Supreme Court held that Gardner v Parker was wrongly decided. [read post]
17 Aug 2020, 8:40 am by Randy E. Barnett
(2015) Michael Paulsen & Luke Paulsen, The Constitution: An Introduction (2015) Thomas Leonard, Illiberal Reformers: Race, Eugenics, and American Economics in the Progressive Era (2016) Tara Smith, Judicial Review in an Objective Legal System (2015) Ilya Somin, The Grasping Hand: Kelo v. [read post]
8 Jan 2020, 4:28 am
"Lord Bingham identified two stages in the enquiry: (1) whether the evidence is assumed (provisionally) to be true, and if so, legally admissible; and (2) whether evidence or some of it (and if so which parts of it), which ex hypothesi is legally admissible, should be admitted. [read post]
25 Sep 2019, 4:41 pm
”   A v Secretary of State for the Home Department [2005] 1 AC 68, Lord Bingham. [read post]
25 Jun 2019, 3:32 am by INFORRM
Any proper democracy needs what Lord Bingham referred to as a “free, active, professional and inquiring” media (Turkington v Times Newspapers [2001] 2 AC 277, at 290). [read post]
20 Jun 2019, 4:00 am by Xavier Beauchamp-Tremblay
(I’m very pleased to welcome Antoine Dusséaux from Doctrine as a guest contributor on this post. [read post]