R v Secretary of State for the Home Department, Ex Parte Daly [2001] UKHL 26 (United Kingdom)

A long-term prisoner challenges the lawfulness of a policy governing the search of cells occupied by convicted and remand prisoners whereby a prisoner may not be present when his legally privileged correspondence is examined by prison officers. He contends that a blanket policy of requiring the absence of prisoners when their legally privileged correspondence is examined infringes, to an unnecessary and impermissible extent, a basic right recognized both at common law and under the European Convention for the Protection of Human Rights and Fundamental Freedoms. In allowing the appeal, the court reasoned that the policy violates the common law rights of the prisoners. The same conclusion would also be reached based on the European Convention. The court also noted that certain rights are inherent and fundamental to democratic civilized society. Conventions, constitutions, bills of rights and the like respond by recognizing rather than creating them.