By Ian Loveland
Those essays are fascinated by the criminal and constitutional concerns surrounding the Pinochet case and are geared toward all these, no matter if legal professionals or non-lawyers, with an curiosity in the home of Lords' determination and its implications. The advent offers a calendar of occasions and considers the interplay among the courts and the house Secretary within the extradition approach. Thereafter, the ebook is split into components. the 1st half severely assesses the suitability of the home of Lords, within the gentle of Pinochet, because the ultimate court docket of allure for constitutional and political circumstances. half specializes in the broader, foreign implications. It considers the idea that of justice with regards to Pincohet, the internationalization of legal justice and its clash with the liberty of states to provide nationwide amnesties, and the choice of the home of Lords to refuse Pinochet, as a former head of kingdom, immunity from prosecution. the 3 apartment of Lords judgments on Pinochet are integrated in an Annex to the essays, allowing the readers to make example connection with the situations.
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Additional info for Political Libels: A Comparative Style
Sample text
Walter26 had presented a petition to the House of Lords which alleged that a judge, Sir Fitzroy Kelly, had (as a younger man) lied to a Commons Committee during an investigation into a disputed election in 1835. The petition was debated in the House, where members doubted its accuracy and made defamatory comments about Wason’s integrity. Wason could not initiate libel proceedings against participants in the debate. As noted above, it had been accepted in Stockdale that Article 9 of the Bill of Rights 1689 24 25 26 See Loveland, n.
But there is a marked lack of consistency on this question in the text of the judgment itself. At the outset of his opinion, Lord Cockburn stated quite clearly that such a libel was simply not actionable,36 a conclusion pointing towards absolute privilege. 37 This is perhaps the better view. 38 In the event that the report was inaccurate, presumably no privilege of any sort would arise. Cockburn CJ’s brief conclusion on the second count—concerning accurate but non-verbatim summary and accompanying comment on parliamentary debates—could be thought to be equally interesting and innovative.
47 Shepstone was a senior Colonial Office official in Natal; Davis was the owner of The Natal Witness newspaper. The Witness had run several stories criticising Shepstone’s performance in 47 (1886) 11 App. Cas. 187. (C) Loveland Ch2 3/2/00 12:01 pm Page 33 Political Libels and the Common Law in the 19th and 20th Centuries 33 office, including lurid allegations that he had physically assaulted a Zulu chief. The story over which he sued was claimed by the paper to be a fair and accurate report of statements made by the emissaries of the Zulu King, Cetewayo, concerning Shepstone’s official conduct.