Craig Wells: The Discipline of Reasons: Liberty, Vulnerability and Arbitrary Power in A Reference by the Attorney General for Northern Ireland [2026] UKSC 16 – UK Constitutional Law Association
‘It is seldom that the much-mythologised Magna Carta is actually engaged. Yet in A Reference by the Attorney General for Northern Ireland [2026] UKSC 16 (the Deprivation of Liberty Reference) the Supreme Court arguably permitted the violation of one of the oldest constitutional rights on our statute book: that no person shall be detained except by the law of the land. That guarantee first appeared as clause 39 of the 1215 charter, and survives today as chapter 29 of the Magna Carta confirmed in 1297, which remains in force. Eight hundred years later, the Supreme Court held that a person who appears content with their confinement is not, in law, detained at all, and so no legal authorisation of safeguarding is required. The right was not, exactly, violated. It was defined away through sleight of law, and for those least able to articulate objection.’
UK Constitutional Law Association, 15th June 2026
Source: ukconstitutionallaw.org

