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date: 30 November 2021

p. 875. Civil libertylocked

p. 875. Civil libertylocked

  • Martin Loughlin

Abstract

‘Civil liberty’ looks at how rights and liberties have been guaranteed by the constitution. Blackstone divided liberty into three categories: personal security, personal liberty, and private property, to be upheld by Parliament, jury trial, and habeas corpus. Dicey believed in the rule of law, upheld in the face of parliamentary sovereignty by a partnership between Parliament and the judiciary. In the face of the extension of government powers, the government's administrative powers have come increasingly under the supervision of the courts, putting legality at the heart of the constitution. The influence of European human rights law has led to an approach where the judiciary guards enumerated rights.

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