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.

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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
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article

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

Clive Walker, Paul Arnell
1 citations
New Journal of European Criminal Law
European Criminal Justice and Data Protection
2.23
article

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

Clive Walker, Paul Arnell
article en
1 citations

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.

New Journal of European Criminal LawVol. 15(4)
University of Leeds (GB), Robert Gordon University (GB)
Peace, Justice and strong institutions
Openalex Percentile: Top 10%
European Criminal Justice and Data Protection
2.23
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