R V Home Secretary Ex Parte Venables And Thompson
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R V Home Secretary Ex Parte Venables And Thompson
''R v Secretary of State for the Home Department, ex parte Venables and Thompson'' 997UKHL 25is a UK constitutional law case, concerning the exercise of independent judgement in judicial review. Facts Venables and Thompson claimed that the Home Secretary had unlawfully decided not to release them from prison, after Murder of James Bulger, they were convicted of murder as children. The Home Secretary took into account public petitions demanding the murderer be imprisoned for life. He refused to take account of their progress and development during detention. He increased the ‘tariff period’ from 10-15 years to delay release, and said they should be dealt with on the same basis as adult offenders, where mandatory life sentences were imposed. Judgment The House of Lords held by 3 to 2, that the Home Secretary acted unlawfully by taking into account irrelevant considerations (a public petition) and failing to take into account relevant considerations (progress in detention). Lo ...
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Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, ...
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UK Constitutional Law
The United Kingdom constitutional law concerns the governance of the United Kingdom of Great Britain and Northern Ireland. With the oldest continuous political system on Earth, the British constitution is not contained in a single code but principles have emerged over the centuries from common law statute, case law, political conventions and social consensus. In 1215, Magna Carta 1215, Magna Carta required the King to call "common counsel" or Parliament of England, Parliament, hold courts in a fixed place, guarantee fair trials, guarantee free movement of people, and free the church from the state; it also enshrined the rights of "common" people to use the land. After the English Civil War and the Glorious Revolution 1688, Parliament won supremacy over the monarch, as well as the church and the courts, and the Bill of Rights 1689 recorded that the "election of members of Parliament ought to be free". The Act of Union 1707 unified England, Wales and Scotland, while Ireland was joi ...
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Home Secretary
The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all national security, policing and immigration policies of the United Kingdom. As a Great Office of State, the home secretary is one of the most senior and influential ministers in the government. The incumbent is a statutory member of the British Cabinet and National Security Council. The position, which may be known as interior minister in other nations, was created in 1782, though its responsibilities have changed many times. Past office holders have included the prime ministers Lord North, Robert Peel, the Duke of Wellington, Lord Palmerston, Winston Churchill, James Callaghan and Theresa May. In 2007, Jacqui Smith became the first female home secretary. The incumbent home secretary is Suella Braverman. The office holder works alongside ...
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Murder Of James Bulger
James Patrick Bulger (16 March 1990 – 12 February 1993) was a two-year-old boy from Kirkby, Merseyside, England, who was child abduction, abducted, tortured, and murdered by two 10-year-old boys, Robert Thompson (born 23 August 1982) and Jon Venables (born 13 August 1982), on 12 February 1993. Thompson and Venables led Bulger away from the New Strand Shopping Centre in Bootle, after his mother had taken her eyes off him momentarily. His mutilated body was found on a railway line 2.5 miles away in Walton, Liverpool, two days after his abduction. Thompson and Venables were charged on 20 February 1993 with abduction and murder. They were found guilty on 24 November, making them the youngest convicted murderers in modern British history. They were Life imprisonment in England and Wales, sentenced to indefinite detention at Her Majesty's pleasure, and remained in custody until a Parole Board for England and Wales, Parole Board decision in June 2001 recommended their release on a l ...
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Lord Steyn
Johan van Zyl Steyn, Baron Steyn, PC (15 August 1932 – 28 November 2017) was a South African- British judge, until September 2005 a Law Lord. He sat in the House of Lords as a crossbencher. Early life and education Steyn was born in Stellenbosch in the Union of South Africa, the son of Janet Lacey Blignaut and Izak van Zyl Steyn, a professor of law at the University of Stellenbosch. His father died before he turned three years old and he subsequently were sent to live with his paternal grandparents. He received his schooling at the Hoërskool Jan van Riebeeck in Cape Town where he matriculated in 1950. He studied law at the University of Stellenbosch before reading Law as a Rhodes Scholar at University College, Oxford. Career He was called to the Bar in South Africa in 1958 and appointed a Senior Counsel of the Supreme Court of South Africa in 1970. As a result of his opposition to apartheid in his native South Africa, he settled in the UK in 1973, joining the English ...
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Anthony Anderson (murderer)
Anthony Anderson is a convicted British murderer. He is most notable for successfully challenging the Home Secretary's powers to set minimum terms for life sentence prisoners. On 25 November 2002, the Law Lords ruled in favour of Anderson's claim that it was incompatible with human rights for politicians to set minimum terms for life sentence prisoners, and the next day the European Court of Human Rights agreed with this decision, meaning that politicians in European countries can no longer decide the minimum length of imprisonment for anyone serving a life sentence. British politicians had already been stripped of their powers five years earlier to set minimum terms for prisoners aged under 18 after the High Court ruled that Michael Howard had acted unlawfully by deciding that the juvenile killers of toddler James Bulger should spend at least 15 years in custody. Anderson's successful challenge was a test case which affected approximately 225 convicted British murderers who ...
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United Kingdom Constitutional Law
The United Kingdom constitutional law concerns the governance of the United Kingdom of Great Britain and Northern Ireland. With the oldest continuous political system on Earth, the British constitution is not contained in a single code but principles have emerged over the centuries from common law statute, case law, political conventions and social consensus. In 1215, Magna Carta 1215, Magna Carta required the King to call "common counsel" or Parliament of England, Parliament, hold courts in a fixed place, guarantee fair trials, guarantee free movement of people, and free the church from the state; it also enshrined the rights of "common" people to use the land. After the English Civil War and the Glorious Revolution 1688, Parliament won supremacy over the monarch, as well as the church and the courts, and the Bill of Rights 1689 recorded that the "election of members of Parliament ought to be free". The Act of Union 1707 unified England, Wales and Scotland, while Ireland was joi ...
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United Kingdom Constitutional Case Law
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