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pcernie
Legend
Joined: Sun Apr 26, 2009 12:30 pm Posts: 45931 Location: Belfast
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http://www.theguardian.com/politics/201 ... ajid-javidPersonally I've no faith in the HRA, those who oversee it, or those who seek to implement it or destroy it in the UK! Defining what the fcuk it is and how it should be used would stop the nonsense on both sides.
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Sat Sep 27, 2014 1:53 pm |
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ShockWaffle
Doesn't have much of a life
Joined: Sat Apr 25, 2009 6:50 am Posts: 1911
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Prisoner voting rights and whole-of-life sentences without review seem like flimsy excuses to walk out on a treaty obligation. And it is a truly [LIFTED] example to set for the likes of Russia which has been repeatedly prosecuted in the ECHR for murdering Chechens.
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Sat Sep 27, 2014 2:55 pm |
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l3v1ck
What's a life?
Joined: Fri Apr 24, 2009 10:21 am Posts: 12700 Location: The Right Side of the Pennines (metaphorically & geographically)
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How about sending foreign murders etc back home after their sentences etc? Seems like a good example to me. Not to mention the ideological point that our courts should rule on our laws.
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Sat Sep 27, 2014 6:54 pm |
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rustybucket
I haven't seen my friends in so long
Joined: Thu Jun 18, 2009 5:10 pm Posts: 5836
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Oh pffft!
The Supreme Court of the UK is appointed by the unelected Monarch on the advice of the Prime Minister (who is not directly elected and is appointed by the Monarch).
"Our" courts are no more democratically accountable than those of the ECHR.
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_________________Jim
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Sat Sep 27, 2014 8:58 pm |
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Spreadie
I haven't seen my friends in so long
Joined: Fri Apr 24, 2009 6:06 pm Posts: 6355 Location: IoW
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Not entirely accurate. The appointment by the queen is a formality and nothing more than lip service. The justices are recommended to the PM a select committee, made up of MPs, who have been elected by their constituents. The rubber stamping bit is a tad bogus, but the the actual selection is a little bit more democratic than you're making out.
_________________ Before you judge a man, walk a mile in his shoes; after that, who cares?! He's a mile away and you've got his shoes!
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Sun Sep 28, 2014 7:47 am |
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rustybucket
I haven't seen my friends in so long
Joined: Thu Jun 18, 2009 5:10 pm Posts: 5836
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Oooo - where to start?
Let's start with the notion that the MPs are elected. Due to the beauty of our FPTP system, many MPs never got more than 50% of the vote and so do not have a democratic mandate. It is a rare thing for any UK government to enjoy a majority of the popular vote. Then let's deal with the Select Committees. Normally a committee chair is chosen by MPs but thereafter the members are chosen by a strange combination of invitation and party agreement. In the Blair/Brown years, this led to there being a blacklist of Labour MPs who were left in no doubt that they would never be allowed to serve on any important Select Committee. Funnily enough, this blacklist seemed to correspond almost exactly with those MPs that had the audacity to ignore their party and represent their constituents. Things have been better in this parliament but there's no guarantee of this continuing.
Furthermore, appointments to the Supreme Court are chaired not by an MP but the appointed President of the Supreme Court (currently a second-generation German immigrant ex-merchant banker of pensionable age).
So, the unelected Monarch appoints an unaccountable judge on the advice of an unelected committee through the office of the appointed Prime Minister (who doesn't *have* to be a member of the House of Commons) who is himself chosen, not on his electoral mandate but on the basis of his ability to pass a money bill through the house.
There is no part of our judicial system that is either democratic or representative so the idea that the ECHR can be less legitimate is one I find laughable.
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_________________Jim
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Sun Sep 28, 2014 9:40 am |
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ShockWaffle
Doesn't have much of a life
Joined: Sat Apr 25, 2009 6:50 am Posts: 1911
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Judges are officers of the law, not representatives of the people.
It's up to the legislature to provide laws that have popular consent, and it is for the judiciary to apply those laws without fear or favour.
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Sun Sep 28, 2014 11:26 am |
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rustybucket
I haven't seen my friends in so long
Joined: Thu Jun 18, 2009 5:10 pm Posts: 5836
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Exactly my point. Not only are democratic and representative legitimacy not necessary, they simply aren't there - neither by accident nor intent.
So once we decide that "our" courts can have legitimacy, completely outside of any democratic process, the only difference between the two courts is in the nationality of the judges and the scope of their judgements.
Basically it boils down to Johnny English doesn't want Harry Hun being in charge of anything - unless of course that Hun is the Monarch or the President of the Supreme Court.
_________________Jim
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Sun Sep 28, 2014 3:32 pm |
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HeatherKay
Moderator
Joined: Thu Apr 23, 2009 6:13 pm Posts: 7262 Location: Here, but not all there.
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If you have ten minutes, it's worth reading this PDF. It's about the organisation Liberty, and covers exactly what the various conventions and acts concerning human rights are about. https://www.liberty-human-rights.org.uk ... -final.pdfI found it enlightening.
_________________My Flickr | Snaptophobic BloggageHeather Kay: modelling details that matter. "Let my windows be open to receive new ideas but let me also be strong enough not to be blown away by them." - Mahatma Gandhi.
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Mon Sep 29, 2014 7:29 am |
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MrStevenRogers
Spends far too much time on here
Joined: Fri Apr 24, 2009 9:44 pm Posts: 4860
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i read that report some years ago and am a strong believer in the HRA enshrined within British law i do not agree with all the decisions and the use by individuals to abuse the very same HRA for their own ends but that is the privilege of having the HRA enshrined within British law to decide, without fear lett or hindrance, yes, no or maybe but i will defend and support the HRA enshrined within British law, for the majority of us its our only defence against a dictatorship ...
_________________ Hope this helps . . . Steve ...
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Mon Sep 29, 2014 1:58 pm |
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rustybucket
I haven't seen my friends in so long
Joined: Thu Jun 18, 2009 5:10 pm Posts: 5836
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MSR and I just agreed
Nobody move - l want to take in this moment
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_________________Jim
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Mon Sep 29, 2014 3:28 pm |
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MrStevenRogers
Spends far too much time on here
Joined: Fri Apr 24, 2009 9:44 pm Posts: 4860
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if that is a fact, i may just start to get religion ...
_________________ Hope this helps . . . Steve ...
Nothing known travels faster than light, except bad news ... HP Pavilion 24" AiO. Ryzen7u. 32GB/1TB M2. Windows 11 Home ...
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Mon Sep 29, 2014 4:13 pm |
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ShockWaffle
Doesn't have much of a life
Joined: Sat Apr 25, 2009 6:50 am Posts: 1911
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Did you really agree? MSR's wording was characteristically vague.
I wasn't sure if he was consenting to having judgments of an international (which in Tory speak is "foreign") court setting legally binding precedents for UK courts. He might have just been saying we should enshrine the rights into our own law and allow our own judges to be the ultimate and final arbiters of its application. Which is pretty much the Tory plan.
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Mon Sep 29, 2014 4:25 pm |
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MrStevenRogers
Spends far too much time on here
Joined: Fri Apr 24, 2009 9:44 pm Posts: 4860
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if you have read this ... https://www.liberty-human-rights.org.uk ... -final.pdfthen you will find the answer ...
_________________ Hope this helps . . . Steve ...
Nothing known travels faster than light, except bad news ... HP Pavilion 24" AiO. Ryzen7u. 32GB/1TB M2. Windows 11 Home ...
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Mon Sep 29, 2014 4:41 pm |
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ShockWaffle
Doesn't have much of a life
Joined: Sat Apr 25, 2009 6:50 am Posts: 1911
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Or you could give an answer if you have one.
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Mon Sep 29, 2014 6:29 pm |
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