The British Constitution and Protection of Prisoners' Rights

Bonavero Institute of Human Rights

Prof Eric M Freedman, author of 'Making Habeas Work: A Legal History', discusses 'Habeas Corpus'. Respondent - Prof Timothy Endicott

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In the field of habeas corpus Parliamentary supremacy has been a paper tiger since the 1600’s. Fifteen years ago, litigators from both sides of the Atlantic brought that history forcefully to the attention of the United States Supreme Court, resulting in a 2005 decision that extended the writ to prisoners at Guantanamo Bay in defiance of Congress and the President. Soon, litigators before the British Supreme Court may be making similar arguments to explain why that body can exercise judicial review in the American sense. That unwritten power was at first controversial in America but the resistance was overcome through a confluence of forces that have parallels with those present in Britain today.Eric M Freedman is the Siggi B Wilzig Distinguished Professor of Constitutional Rights at the Maurice A Deane School of Law at Hofstra University. He is a graduate of the Phillips Exeter Academy, Yale College, and Yale Law School, and earned an MA in History from Victoria University of Wellington, New Zealand while holding a Fulbright Scholarship there. In addition to writing and lecturing on habeas corpus for scholarly and general audiences, Professor Freedman is an active civil liberties litigator and consultant, particularly in death penalty cases and cases involving national security detentions. Professor Timothy Endicott, University of Oxford, will be the respondent. He has been a Fellow in Law of Balliol College since 1999, and Professor of Legal Philosophy since 2006. He is the author of Administrative Law, 4th ed (OUP 2018) and Vagueness in Law (OUP 2000). After graduating with the AB in Classics and English, summa cum laude, from Harvard, he completed the MPhil in Comparative Philology in Oxford, studied Law at the University of Toronto, and practised as a litigation lawyer in Toronto. He completed the DPhil in Law in Oxford in 1998. He was appointed by Universidad Carlos III de Madrid to a Cátedra de Excelencia during 2016, and was a Distinguished Visitor in the Faculty of Law, University of Toronto, in 2017. He has been General Editor of the Oxford Journal of Legal Studies since 2015.

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The British Constitution and Protection of Prisoners' Rights

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