SpinningHugo (@SpinningHugo )

SpinningHugo

Bio Justice


Always ask yourself, what would Lord Diplock think?

Location London
Tweets 29,6K
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Following 1,2K
Account created 03-03-2013 15:44:20
ID 1239187692

Twitter Web App : Amusing on Seumas Milne.

Not that Watson himself has much credibility. What was the point of persuading those Labour MPs to stay, when they lost their seats anyway and Watson himself quit? twitter.com/michaeldweiss/…

Twitter Web App : Judith Freedman Irma Mosquera One of Peter Birks' golden rules for writing was that an article should be self contained. It shouldn't be necessary to read something else to understand it, nor should the reader be left on tenterhooks awaiting another instalment.

Twitter Web App : One of the serious oddities of US law is how hard it is to bring claims against either individual police officers or the states as their employer for acts which, done by anyone else, are clearly torts.

/1 twitter.com/asjadnazir/sta…

Twitter Web App : I have no proof, but my instincts tell me it is bad for the police themselves to think that they somehow fall outside the ordinary common law by virtue of a badge, or a sign on a car.

/3

Twitter Web App : I have no proof, but my instincts tell me it is bad for the police themselves to think that they somehow fall outside the ordinary common law by virtue of a badge, or a sign on a car.

/3

Twitter Web App : Interpersonal justice requires that there be a legally enforceable duty not to behave like this, which everyone is equally subject to.

You shoudn't be in a different legal regime by virtue of a uniform.

/2

Twitter Web App : See also.

Now, I don't claim that having the police subject to the same duties and liabilities as the rest of us necessarily improves their conduct. Plenty of examples of UK police misconduct.

but.

/1 twitter.com/stribrooks/sta…

Twitter Web App : Matthew yes, I think that is right, looking at the cases introducing "qualified immunity".

And we didn't just come close, that was the law until Hoffmann rescued us, cheered on the academics.

Twitter Web App : Matthew They get a weird special immunity which protects them unless they are knowingly violating the law.

The claims are also weirdly statutory, and called "constitutional torts".

it is Alice in Wonderland if you're from another common law country.

Twitter Web App : The common law, ie our law in common, should run here, as it does in other jurisdictions.

Once we allow people to wrong us by the putting on of uniforms, you get riots.

/5

Twitter Web App : I wonder if people in the US realise how odd US law looks to those outside it?

Indeed, part of the problem here is seeing this in terms of constitutional law, which at root it is nothing to do with.

/4

Twitter Web App : We should have exactly the same rights against the police as we do against other people.

Carefully defined specific privileges necessary to carry out police work, as set out in the Police and Criminal Evidence Act, are acceptable. But they have to be precise.

/3

Twitter Web App : The entire idea of giving state officials, especially the police, "qualified immunity" is abhorrent.

AV Dicey is out of fashion in England, but he was absolutely right about this.

/2

Twitter Web App : One of the serious oddities of US law is how hard it is to bring claims against either individual police officers or the states as their employer for acts which, done by anyone else, are clearly torts.

/1 twitter.com/asjadnazir/sta…