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9 Jul 2007, 5:10 pm
After establishing that that the campus was "open to the public," the Court ruled the People had not met their burden:[t]he Court finds that the People offered insufficient evidence to demonstrate that the . . . order to the defendant to leave the SCCC campus had a legitimate purpose, rationally related to the power to maintain order on the campus, or that its enforcement did not violate an independent right of the defendant.Therefore, the Court finds this defendant not guilty of the… [read post]
9 Nov 2010, 9:58 pm by Catriona Murdoch
It has been widely debated in recent cases (R (Smith) v Secretary for Defence [2010] UKSC 29 (see our post); Al-Skeini & Others v Secretary of State for Defence [2008] 1 AC 153, currently before the Grand Chamber; Bankovic v Belgium [2001] 11 BHRC 435) whether Article 1 ECHR guarantees the rights and freedoms of the Convention to those outside of the State’s jurisdiction. [read post]