The resurrection of the political offence exception to extradition in UK law
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.
Authors
- Clive Walker (ORCID: https://orcid.org/0000-0002-5244-0353)
- Paul Arnell (ORCID: https://orcid.org/0000-0001-7874-2272)
Institutions
- University of Leeds (GB)
- Robert Gordon University (GB)
Publication Details
- Journal
- New Journal of European Criminal Law
- Published
- 2024-10-04
- DOI
- https://doi.org/10.1177/20322844241290613
- Citations
- 1
- Primary Topic
- European Criminal Justice and Data Protection
- Type
- article
- Field-Weighted Citation Impact
- 2.23