Type: Judgment

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

Date: 01/28/2009

Subject: The English House of Lords analyses the right to liberty and security (art. 5 of the ECHR), in particular with reference to the case in which law provides the possibility for the public order authorities to limit it (in this case the claimant had been stopped following a demonstration). The Court, even though stating again that the said right is absolute, rejects the claim, underlining that even the norms of art. 5 provide limits to guarantee public security, which must be assessed every time in the specific case to determine correct proportionality.

Parties: Austin (FC) (Appellant) & another c/ Commissioner of Police of the Metropolis (Respondent)

Original language: English

Classification: Freedoms - Art. 6 Personal liberty - Personal security

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