Delivering Rights: How the Human Rights Act Is Working (The by Jeffrey L. Jowell, Jonathan Cooper PDF

By Jeffrey L. Jowell, Jonathan Cooper

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Secretary of State for Employment and Pensions ex parte Carson92 concerned the claim of a British pensioner living in South Africa to the same uprating of UK state pensions as that received by pensioners living in the United Kingdom. Mrs Carson claimed that the 89 Along similar lines, it could be argued that the HRA was passed in order to “bring rights home”; not to export them. That argument would miss the point. Holding public authorities accountable in the courts of the UK for acts incompatible with the HRA which are performed or have consequences abroad does not export Convention rights and freedoms but brings them home in the fullest sense.

The petition for a writ of habeas corpus in Rasul et al v. Bush et al, brought by two British and one Australian petitioners in the United States District Court for the District of Columbia, was dismissed for want of jurisdiction because the military base at Guantanamo Bay 123 494 US 259 at 284–85; compare Lord Scarman’s dictum in R v. Home Secretary ex parte Khawaja [1984] 1 AC 74 at 111. 124 Decision of the United States District Court of the Central District of California, February 2002, 189 F.

At issue before the Canadian Supreme Court in R v. Cook [1998] 2 SCR 597105 was whether a citizen of the United States suspected of having committed a crime in Canada, to be prosecuted in Canada, could invoke Charter rights in respect of his interrogation in the United States by Canadian police. The Court held that the acts of the Canadian detectives fell within the purview of section 32(1) of 103 Commission Admissibility Decision, 2 May 1978, Application 7597/76. Abbasi, above n 96, at paras 80–106.

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