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Darryl K. Martin Constitutional Law Dr. Andrew Henderson 16 February 2005 Essay 3 Suppose that the Defence and Security Act 2003 (imaginary) empowers the Home Secretary to make regulations for the detention of suspected terrorists. It provides that such persons shall be detained in accordance with whatever conditions are stipulated by the minister "in his absolute discretion", subject to approval of the regulations by affirmative resolution of each House of Parliament. The Home Secretary makes regulations that permit the indefinite detention of anyone against whom there are "reasonable grounds for suspicion of involvement in, or links with, terrorist groups or terrorist activity". The regulations provide that no decision of the minister under these regulations "may be challenged or questioned in any court of law", such a decision being "final and conclusive". Affirmative resolutions are duly passed by both Houses. Scroggs has been detained as a suspected terrorist. Although his brother has been convicted in Germany...

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