The Liberal Democrat home affairs spokesman, Nick Clegg, a party leadership contender, said there was "not a shred of evidence" that an extended permitted detention period was needed.
In a television interview shortly after the defeat and the passing of an amendment extending the permitted detention of terrorist suspects to 28 days, he was equally defiant, saying that "the country will think that Parliament has behaved in a deeply irresponsible way".
Accordingly, the Fifth Amendment permits detention only where "heightened, substantive due process scrutiny" finds a "sufficiently compelling" governmental need.
On Monday, about 30 people gathered in downtown Cairo to protest Egypt's emergency law, which permits detention without charges and military trials of civilians.
To keep him imprisoned longer without charge, the authorities would have to resort to Egypt's emergency law, which permits detention of up to six months without charge.
Sadly, such detention disproportionately impacts Aboriginal and Torres Strait Islanders; a problem exacerbated by the Northern Territory's "paperless arrest" powers introduced late last year permitting detention for four hours without being brought to a court for offences that do not in some cases, attract the sanction of imprisonment.
And, for the reasons we have set forth, we believe that an alien's liberty interest is, at the least, strong enough to raise a serious question as to whether, irrespective of the procedures used, the Constitution permits detention that is indefinite and potentially permanent...
Still, unlike the United States, at least Afghan law does not permit detention without criminal charge, trial and conviction.
Legal status was classified as informal, Section 2 (which permits detention for up to 28 days), or Section 3 / Forensic (detention for up to six months in the first instance).
Although the term "enemy combatant" had been used in a World War II Supreme Court case, critics of the Bush administration said officials used it to permit detentions that would not have been authorized under the international rules of warfare.
He announced decrees that put his Government above Nigeria's courts and permitted preventive detention.
