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European Observer on fundamental right's respect

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Case Law [2009] UKHL 1 (21/01/2009)

Type: Judgment

Authority: National Courts: Supreme Courts (England) - House of Lords

Date: 01/21/2009

Subject: The English House of Lords analyses the right to liberty and security (art. 5 of the ECHR), with reference to the allowance of sentence discount following the positive judgment of the Parole Board (organ competent to judge), after a minimum period of detention in prison. In particular the Secretary of State must give execution to the Parole Board’s order, even in case of disagreeing opinion.

Parties: Black, R (On The Application of) c/ Secretary of State for Justice

Original language: English

Classification: Freedoms - Art. 6 Personal liberty - Personal security - Justice - Art. 47 Right to an effective remedy before a tribunal - Independent and impartial tribunal - Art. 49 Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty) - Proportionality of penalties

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