Threats to Liberty

Western political and legal theory stresses the potential threats to liberty that can come from "the State". The doctrine of "Separation of Powers" is a classic example. Montesquieu warned that if the three functions of government (1 Making Law - legislating (2) Carrying out the law - the job of the 'Executive' and (3) Judging - interpreting the law and applying the law in disputes) were in the same hands, tyranny would follow. Other legal doctrines such as 'the Rule of Law' should govern the action of the State (illustrated by the provisions of the Magna Carta and today's remedy of Judicial Review.

But the State isn't the only source of threats to the rights of citizens. As Magna Carta sought to curb the excesses of a monarch, it didn't seek to curb the actions of 'over mighty subjects'. The Barons at Runnymede didn't want that issue addressed!

The phone-tapping scandal involving the News of the World (another part of Rupert Murdoch's global media empire); the damage to the livelihood of people affected bt the BP scandal; the ability of corporations to use their money to influence the political process - show that powerful business interests are a threat too.

Legal Heavyweights on Hacking of MPs mobile phones

After Andy Coulson's resignation last week in relation to the scandal that MPs (and other 'celebrities') had their phones hacked into - the matter is being considered today before the Standards & Privileges Committee.

The witnesses are due to be -

Professor A W Bradley - a leading academic on Constitutional Law. Students will recognise him from the textbook known as "Wade & Bradley" - a popular textbook on UK Constitutional & Administrative Law



Lord Lester of Herne Hill QC - a widely acclaimed human rights lawyer, who is also a Liberal Democrat Peer. He was named in The Times Law 100 2009 listing the most influential lawyers in Britain - with the comment that he is a “leading public and constitutional lawyer, is still changing the law and pushing the boundaries of reform”.

Rt Hon Lord Nicholls of Birkenhead - was a Law Lord, sitting on the House of Lords Judicial Committee, then the highest court in England (Now replaced by the Supreme Court). He is responsible for many of the leading judgements - and in the Pinochet case wrote in his judgement "International law has made plain that certain types of conduct, including torture and hostage-taking, are not acceptable conduct on the part of anyone. This applies as much to heads of state, or even more so, as it does to everyone else. The contrary conclusion would make a mockery of international law."
Location: The Grimond Room, Portcullis House