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19 Apr 2024, 12:20 am by Frank Cranmer
Significantly, Linden J refers to R (Williamson) v Secretary of State [2005] UKHL15 and R (Begum) v Governors of Denbigh High School [2006] UKHL 15 as the two leading Article 9 cases in this jurisdiction. [read post]
17 Apr 2024, 2:05 am by Frank Cranmer
Linden J also cited with approval Lord Bingham’s statement at [32] in Begum, commenting on the judgment in Şahin v Turkey (2007) 44 EHRR 5, that “The court  there recognises the high importance of the rights protected by Article 9; the need in some situations to restrict freedom to manifest religious belief; the value of religious harmony and tolerance between opposing or competing groups and of pluralism and broadmindedness; the need for compromise and… [read post]
8 Dec 2023, 7:54 am by Josh Blackman
On December 6, the Colorado Supreme Court heard oral argument in Griswold v. [read post]
20 Nov 2023, 10:37 am by JURIST Staff
Former Lord Chief Justice of England and Wales, Tom Bingham, in his book “The Rule of Law”, while explaining the rule of fair trial cited a House of Lords’s case “Regina v. [read post]
18 Nov 2023, 4:28 am by Mark Graber
” John Bingham during the trial of the persons who conspired to murder Abraham Lincoln and during the impeachment trial of Andrew Johnson referred to the president as an “executive officer of the United States. [read post]
13 Nov 2023, 4:57 pm by INFORRM
To return to the words of Sir Thomas Bingham in John v MGN Limited which I referred to earlier, the impugned post did not touch on Ms O’Neill’s personal integrity, professional reputation, honour, courage, loyalty or the core attributes of her personality. [read post]
27 Sep 2023, 8:42 am
The key piece of evidence in a domestic violence prosecution is a 911 call from the victim in which she says she was beat up by her boyfriend. [read post]
15 Aug 2023, 12:50 am by David Pocklington
The full document is available here and our summary is here, and reflects the leading judgment of Lord Bingham (at 21) and the comments of Lord Hope (at 49) in Regina (Munjaz) v Mersey Care NHS Trust [2006] 2 AC 148. [read post]
11 Aug 2023, 8:40 am by CMS
Following the case of Giles v Rhind (No 2) [2008] EWCA Civ 118 (“Giles v Rhind”), Mr Justice Jay found that s 32(2) LA 1980 should be interpreted more widely, so as to cover “legal wrongdoing of any kind, giving rise to a right of action”. [read post]
30 Jun 2023, 6:19 am by Mark Graber
 Justice Clarence Thomas’s concurring opinion in Students for Fair Admissions, Inc. v. [read post]
21 Mar 2023, 7:01 am by Randy E. Barnett
(2021) Donald Drakeman, The Hollow Core of Constitutional Theory: Why We Need the Framers (2021) Jamal Greene, How Rights Went Wrong: Why Our Obsession With Rights is Tearing America Apart (2021) David Schwartz, The Spirit of the Constitution: John Marshall and the 200-Year Odyssey of McCulloch v. [read post]