The IPT's ruling today goes on to note that specific interception of parliamentary comms is governed by existing legislation: "The regime for the interception of parliamentarians' communications is in accordance with the law under Article 8(2) and prescribed by law under Article 10(2), in particular by reference to s.5(3) of RIPA".
The wording is prescribed by the Constitution (Article II, Section 1, Clause 8), as follows: I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.
The framers of the convention cannot have envisaged that "any obligation prescribed by law" under article 5(1)(b) could include the simple obligation not to obstruct a constable; otherwise, article 5 would permit any police power of detention however broad or unreasonable.
According to article 5.1 of the convention, "No one shall be deprived of his liberty" unless it is "in accordance with a procedure prescribed by law," while article 5.3 stipulates that any person arrested "shall be brought promptly before a judge".
The House of Lords decided, however, that any deprivation of liberty involved in such a search would not violate article 5 because it would be "in order to secure the fulfilment of any obligation prescribed by law" – a type of detention permitted by article 5(1)(b).
By Article 10 of the ECHR any restriction on freedom of speech must be prescribed by law and necessary in a democratic society.
This article uses this 2-step approach to evaluate the global public health surveillance system prescribed by IHR 2005.
For this article we focused on the guidelines for evaluating work disability by SIPs that were prescribed by law or as an instruction by the ISI.
Stoning is not prescribed by the Koran.
"That is not prescribed by the Board of Education.
It is prescribed by Congress, not by the Constitution.
