What is personal liberty?
Freedom from arrest, detention, or physical restraint except in accordance with law.
Dicey’s definition of personal liberty?
A. V. Dicey — freedom from imprisonment or coercion except according to law.
Natural law view of liberty?
Thomas Jefferson — all men are born free and have liberty over their own person.
Is liberty absolute?
No.
It is limited by:
• Rights of others
• Law
Two ways liberty can be deprived?
• Lawfully
• Unlawfully
Brain Anderson v. Minister of Internal Affairs (1983)?
Liberty can be restricted if done according to law (e.g., immigration control).
Mojeed Agbaje v. W.S.C.P (1969)?
Lawful detention must strictly follow procedure.
If procedure is not followed → detention is unlawful.
What happens if detention is unlawful?
Victim is entitled to compensation.
See Article 85, International Criminal Court.
Liberty as an ominibus
Scholars like A.V. Dicey emphasized personal liberty as protection against arbitrary state power. The idea is that the state must justify any interference with your freedom.
