Work

The resurrection of the political offence exception to extradition in UK law

Year: 2024

Type: article

Abstract: The resurrection of the political offence exception to extradition in UK law would be worthwhile. Once providing protection to persons sought for offences of a political character, the exception was removed from UK law in 2004. A number of factors weigh in favour of its reintroduction. Those relevant at the time of its development in the 19 th century have become increasingly relevant again, supporting contemporary considerations. The cases of Julian Assange and Clara Ponsati illustrate the need for reintroduction. A new exception, a ‘constitutionalism bar’, founded upon the rule of law, human rights and democracy could protect the foundations of modern liberal democracies as well as individuals at risk of persecution.

Source: New Journal of European Criminal Law

DOI: 10.1177/20322844241290613

Authors: Paul Arnell, Clive Walker

Institutions: Robert Gordon University, University of Leeds

Language: English

Topic: European Criminal Justice and Data Protection

Subfield: Political Science and International Relations

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

Estimated APC paid: $3,200