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What a devastating judgement for the Government. This passage by Lord
Hoffman sums up the essence: "I said that the power of detention is at present confined to foreigners and I would not like to give the impression that all that was necessary was to extend the power to United Kingdom citizens as well. In my opinion, such a power in any form is not compatible with our constitution. The real threat to the life of the nation, in the sense of a people living in accordance with its traditional laws and political values, comes not from terrorism but from laws such as these. That is the true measure of what terrorism may achieve. It is for Parliament to decide whether to give the terrorists such a victory." And quoting Lord Devlin many years earlier: "The first object of any tyrant in Whitehall would be to make Parliament utterly subservient to his will; and the next to overthrow or diminish trial by jury... [It] is more than an instrument of justice and more than one wheel of the constitution: it is the lamp that shows that freedom lives." We now have a Parliament that does whatever the ruling political party wants, and a Government planning to limit trial by jury... |
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