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The criminalisation of religious speech before the ordinary courts in England began in 1676. Although the law on blasphemy was finally abolished in 2008, many of the troubling aspects of the old law remain in the form of the offence of incitement to religious hatred.
In the wake of the decision in the parliamentary prorogation case Miller (No.2), the question of the politics of the judiciary has been thrust into the public eye. Was it “a constitutional coup” as some have claimed?
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