Silkin V Beaverbrook Newspapers Ltd
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Silkin V Beaverbrook Newspapers Ltd
In ''Silkin v. Beaverbrook Newspapers Ltd.'', 9581 W.L.R. 743, a House of Lords case, the famous speech of Lord Diplock states succinctly the principle that freedom of speech is subject to the law and like any other freedom Freedom is understood as either having the ability to act or change without constraint or to possess the power and resources to fulfill one's purposes unhindered. Freedom is often associated with liberty and autonomy in the sense of "giving on ... there is a balancing. In freedom of speech this right must be balanced against the essential need of the individuals to protect their reputation. Lord Diplock stated (at pp. 745–46): :''Freedom of speech, like the other fundamental freedoms, is freedom under the law, and over the years the law has maintained a balance between, on the one hand, the right of the individual . . . whether he is in public life or not, to his unsullied reputation if he deserves it, and on the other hand . . . the right o ...
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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, t ...
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Lord Diplock
William John Kenneth Diplock, Baron Diplock, (8 December 1907 – 14 October 1985) was a British barrister and judge who served as a lord of appeal in ordinary between 1968 and until his death in 1985. Appointed to the English High Court in 1956 and the Court of Appeal five years later, Diplock made important contributions to the development of constitutional and public law as well as many other legal fields. A frequent choice for governmental inquiries, he is also remembered for proposing the creation of the eponymous juryless Diplock courts. Of him, Lord Rawlinson of Ewell wrote that "to his generation Diplock was the quintessential man of the law". Early life and legal career Kenneth Diplock was born in South Croydon, the son of solicitor William John Hubert Diplock and his wife Christine Joan Diplock, ''née'' Brooke. He was educated at Whitgift School in Croydon and University College, Oxford, where he read chemistry and graduated with a second-class degree in 1929. H ...
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Freedom Of Speech
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights and international human rights law by the United Nations. Many countries have constitutional law that protects free speech. Terms like ''free speech'', ''freedom of speech,'' and ''freedom of expression'' are used interchangeably in political discourse. However, in a legal sense, the freedom of expression includes any activity of seeking, receiving, and imparting information or ideas, regardless of the medium used. Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, ...
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Freedom (political)
Political freedom (also known as political autonomy or political agency) is a central concept in history and political thought and one of the most important features of democratic societies.Hannah Arendt, "What is Freedom?", ''Between Past and Future: Eight Exercises in Political Thought'', (New York: Penguin, 1993). Political freedom was described as freedom from oppression or coercion, the absence of disabling conditions for an individual and the fulfillment of enabling conditions, or the absence of life conditions of compulsion, e.g. economic compulsion, in a society. Although political freedom is often interpreted negatively as the freedom from unreasonable external constraints on action, it can also refer to the positive exercise of rights, capacities and possibilities for action and the exercise of social or group rights. The concept can also include freedom from internal constraints on political action or speech (e.g. social conformity, consistency, or inauthentic behavio ...
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Libel And Slander
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal definition of defamation and related acts as well as the ways they are dealt with can vary greatly between countries and jurisdictions (what exactly they must consist of, whether they constitute crimes or not, to what extent proving the alleged facts is a valid defence). Defamation laws can encompass a variety of acts: * Insult against a legal person in general * Defamation against a legal person in general * Acts against public officials * Acts against state institutions (e.g., government, ministries, government agencies, armed forces) * Acts against state symbols * Acts against the state itself * Acts against religions (e.g., blasphemy, discrimination) * Acts against the judiciary or legislature (e.g., contempt of court, censure) Hi ...
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House Of Lords Cases
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses may have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented societies, domestic animals such a ...
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1958 In British Law
Events January * January 1 – The European Economic Community (EEC) comes into being. * January 3 – The West Indies Federation is formed. * January 4 ** Edmund Hillary's Commonwealth Trans-Antarctic Expedition completes the third overland journey to the South Pole, the first to use powered vehicles. ** Sputnik 1 (launched on October 4, 1957) falls to Earth from its orbit, and burns up. * January 13 – Battle of Edchera: The Moroccan Army of Liberation ambushes a Spanish patrol. * January 27 – A Soviet-American executive agreement on cultural, educational and scientific exchanges, also known as the "Lacy-Zarubin Agreement, Lacy–Zarubin Agreement", is signed in Washington, D.C. * January 31 – The first successful American satellite, Explorer 1, is launched into orbit. February * February 1 – Egypt and Syria unite, to form the United Arab Republic. * February 6 – Seven Manchester United F.C., Manchester United footballers are among the 21 people killed i ...
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1958 In Case Law
Events January * January 1 – The European Economic Community (EEC) comes into being. * January 3 – The West Indies Federation is formed. * January 4 ** Edmund Hillary's Commonwealth Trans-Antarctic Expedition completes the third overland journey to the South Pole, the first to use powered vehicles. ** Sputnik 1 (launched on October 4, 1957) falls to Earth from its orbit, and burns up. * January 13 – Battle of Edchera: The Moroccan Army of Liberation ambushes a Spanish patrol. * January 27 – A Soviet-American executive agreement on cultural, educational and scientific exchanges, also known as the "Lacy-Zarubin Agreement, Lacy–Zarubin Agreement", is signed in Washington, D.C. * January 31 – The first successful American satellite, Explorer 1, is launched into orbit. February * February 1 – Egypt and Syria unite, to form the United Arab Republic. * February 6 – Seven Manchester United F.C., Manchester United footballers are among the 21 people killed i ...
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