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Judges

Started by hugh, June 15, 2022, 05:48:03 AM

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hugh

The Tories have lost control, Judges are now running the country. Boris should resign if he unable to take control.
Happy Golfer

klondike

Apart from the ECHR the main problem is that this stuff seems to get brought in by decree rather than by primary legislation. If HMG made the law watertight then the courts would be unable to overrule its operation.

Raven

Boris is all about changing laws to suit himself these days, why did he not change the one about ECHR surely that would have made sense.

klondike

I think I read somewhere that our continued inclusion of the European Convention on Human Rights in our law and submission to rulings by the European Court of Human Rights was cemented in the Brexit deal. Boris went for a quick and dirty solution. He would have been better to have walked away from any deal and took the hit on trade. They sell us a lot more than we sell them and our duties on imports could have been used to subsidise our exporters. As it is NI is a mess, fishing is a mess and we still cannot properly control our borders. One reason he didn't was he still didn't have the political clout and won't have while half his party and all the civil service head honchos are still in favour of remain.

Raven

In other words the whole Brexit thing was/is a right Royal C**k Up. 👑 👀 💣

klondike

Well it is for NI. The other things are unchanged as we had no control over either before.

Diasi

The only reason the flight has been stopped is because UK judges have chosen to accept the ECHR ruling which they don't have to.

Plus let's not forget it was that tosser Bliar that introduced the Human Rights Act, in order to send loads of work to his missus who was a Human Rights lawyer.

At present the Human Rights Act, introduced in 1998, requires British courts to "take account" of decisions of the ECHR, which is separate from the European Union. They are not required to follow Strasbourg's rulings.
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Raven

Quote from: Diasi on June 15, 2022, 09:05:43 AMThe only reason the flight has been stopped is because UK judges have chosen to accept the ECHR ruling which they don't have to.

Plus let's not forget it was that tosser Bliar that introduced the Human Rights Act, in order to send loads of work to his missus who was a Human Rights lawyer.

At present the Human Rights Act, introduced in 1998, requires British courts to "take account" of decisions of the ECHR, which is separate from the European Union. They are not required to follow Strasbourg's rulings.

Sooooo they could have ignored the ECHR then :yell:

klondike

Well this says they can't but like Diasi's post it seems to be an opinion


https://ukhumanrightsblog.com/2011/10/23/can-britain-ignore-europe-on-human-rights/#:~:text=It%20said%20not%20the%20courts,European%20Court%20of%20Human%20Rights.


What is needed is cast iron clarity and certainty about whether our government sets the law, our courts set the law, the ECHR does or some random organisation does. If it turns out to be the government all well and good. If it doesn't then that needs to be changed.

Raven

Quote from: klondike on June 15, 2022, 12:16:59 PMWhat is needed is cast iron clarity and certainty about whether our government sets the law, our courts set the law, the ECHR does or some random organisation does. If it turns out to be the government all well and good. If it doesn't then that needs to be changed.

It most certainly does, it should have been done at the same time they were making the plans about Rowanda. :nooo: then the flights could have gone ahead without all this nonsense.  :yahoo:

Cassandra

#10
Judges can only rule on the law as it applies, the laws are made by Parliament, not the Courts. In the present situation there exists a cataclysmic vacuum of cowardice by the Government. The statement that we (UK) has no need to comply with the ECHR 'interim ruling,'is a matter of juristictive opinion?' Even 'Lord' Philip Sumption, late of the Supreme Court, whom I admire professionally, but not politically, (neoliberal) concurs with my opinion - that we can merely ignore this 'Court' as a judicature. We should all remember however we were a signatory to this bodies commission in 1949 - fully eight years before the 'Treaty of Rome' was signed. A decision to ignore it's opinion is therefore at the moment at least, contradictory to a decision recommending no relocations to Rwanda are undertaken at this moment in time, prior to the Judicial Review Reading commencing next month.  What the ECHR is saying is they don't trust the UK to return 'asylum seekers' from Rwanda if the said review reverses the current scenario! That in itself is derogatory.

Correspondingly their 'ruling' effectively postpones all actions, as I've stated here before in real time until at least the Autumn! This in itself a period embracing 'peak travel' times for the 'Dinghy People' arriving at probably 1500 plus a week. Notice as none of the media, or the Home Office are providing numbers any more, means that those actuality afflicted upon the UKl will therefore be statistically horrendous!

The forerunner to the EU, 'The Schuman Six' was formed in 1950 a year after the Council of Europe was instituted physically within walking distance of the EU's alternate headquarters in Strasbourg in 1953. Created in the shadow of The Holocaust, it's original purposes were necessary to protect those afflicted by Nazi atrocities and to ensure it could never again take place. However it's remit is now far too political and I fear the UK will never be treated with anything less than disdain.

Its member's are Italy, Greece (limitations apply), Cyprus, Austria, Spain, Slovenia, North Macedonia, France, Turkey, Azerbaijan, Germany, Malta, Bulgaria, Hungary, Latvia, Poland, Belgium, Lichtenstein and Ukraine. Apart from Hungary we have no friends here (indeed if we ever did have), in this Supra National, neo liberal cabal.

Many now increasingly realise whatever our Judicial Review ruling is, the ECHR will oppose it from within an ideological position relevant to our leaving the EU as a disciplinary comeuppance. We are one of the most mature and steady platforms of Government and Justice in the world. Over half of it's legal legislation etc, is based upon our system.

Johnson should not delay a day longer. Send these claimants in entirety to Bigali now and issue our notice to quit the ECHR and the 1952 Refugee Convention forthwith. We all know that he won't and that the core of 'Liberal Remainers' now bossing the Conservative Party, will once again, similar to 2016-19 disproportionately overrule public opinion.

Lets see what the Wakefield and Tiverton Election results throw up in just over a weeks time to reveal how the 'Red Wall' and neo liberal Tories in the West Country split!
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