Richard's Consti & Theory Blog

This is where I post my (fairly random) thoughts on issues I come across in Constitutional Law, and in Legal Theory more generally. I need to make clear that the contents of this Blog are no-one else's responsibility (except where law dictates), and that no trees died in the making of this part of the blogosphere. I may try to be witty ...

Monday, July 31, 2006

Curiosity of US Law - Outlawry lives ?

Glancing at the recent Privy Council case of Knowles v Gov't of USA and Sup't'd't of Prisons of the Bahamas [2006] UKPC 38 (PC), I note a curiosity of US Law, the Foreign Narcotics Kingpin Designation Act 1999. Unless Lord Bingham was joking or essaying satire - and neither seems likely - the President of the US formally states that (s)he considers someone to be a Foreign Narcotics Kingpin, and then they (the reputed FNK) are automatically subjected to various disadvantages and penalties - falling well short of outlawry, it should be said.

This feels like an idea worryingly likely to catch on - not so much in the field of drugs as in those of terrorism (where we already have all those 'killers' at Gitmo) and 'anti-social behaviour.' Interestingly - and Lord Bingham notes his concern re this - being an alleged FNK makes it difficult for you to retain a lawyer to assist you.

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