Residual liberty

Main Article Content

Richard Edwards


right to liberty, residual liberty, article 5 ECHR, HRA, prisoners' rights


This article presents the argument that detainees do not lose their right to liberty under article 5 of the European Convention on Human Rights as currently thought. Instead, the article argues that they continue to enjoy a residual liberty which may be relied upon by detainees when challenging aspects of their detention.

Abstract 58 | NILQ 73.4.4 Edwards Downloads 2