All UK courts are bound by the ruling currently because that is the law- the HRA.
This is the thing that Gove’s folly seeks to overcome.
I have done, repeatedly. You’ve said you read it. It says that the ECHR will be binding UK law, and the European Court will be advisory. You know, the same as in Germany.
It is only ever advisory, but ignoring the advice has consequences. The fact has not altered since we first signed. The ECHR has no tools to change British law and never has had.
We have always agreed voluntarily.
No, it will be UK law. There isn’t currently English and Welsh law, something that this government wants to change as well, but until then I’ll refer to it correctly.
And the UK will not be in non-compliance unless the Supreme Court says so. Any “higher” rulings are only advisory.
The stupid thing is that it will change absolutely nothing in practice, except hopefully shut up Europe claiming rights over our Government and courts it doesn’t have.
It only has consequences if we breach the treaty. Which we are not doing, we are incorporating it into domestic law. The exact opposite of not following it.
Contravention is finally solely the decision of the Strasbourg Court. National Courts cannot change the administrative fact of contravention.
Only the bare words of the Convention. Not the case law.
They can advise us that we’re in contravention, and I’m sure the government will give that advice all due heed.
You just do not understand the Constitution or the convention.
There is English and Welsh law- all those laws that cover England and or Wales. It has existed since Tudor times when Scotland had a completely different Law and Ireland was a colony.
After Union of the Parliaments there was Scottish Law, and English and Welsh law and subsequently British Law.
Yes. Exactly. That’s the whole point. Glad you finally understand.
The “bare words”, of course, being the actual, agreed upon rights people have, not some arbitrary add-ons made later without consultation.
Case law from a non-UK court is irrelevant to UK law.
Yes. Exactly. British law. That’s what I’m talking about.
Do you enjoy constantly contradicting yourself?
You just do not understand the Constitution or the convention.
There is English and Welsh law- all those laws that cover England and or Wales. It has existed since Tudor times when Scotland had a completely different Law and Ireland was a colony.
After Union of the Parliaments there was Scottish Law, and English and Welsh law and subsequently British Law.
Northern Ireland has its body of law. Wales now has its own body of law since devolution.
Justice is a devolved issue for N Ireland and Scotland and Gove has no authority over N Irish or Scottish Courts, Justice systems or prisons and probation etc.
The HRA is embedded in N Irish and Scottish Law without the HRA.
You must stop seeing everything as if England meant UK.
Do you understand what devolved powers means.
Justice is devolved and Scotland decides its own judicial rules, rules of evidence, what can be considered by courts, how it runs its prisons.
Gove does not get to interfere.
No. As part of the Convention we are bound to the case law as well. Simply printing the text in London does not change our treaty obligations.
Aah. The Steophan and Pjen show. Sure hope it gets renewed for another season.
It is sad but he posts so much erroneous and unsupported political guff, especially about devolution, that he needs rebutting until he begins to understand the real world.
There’s not one single devolved power that can’t be returned to Westminster at the whim of Parliament. That’s really all there is to it. Your claim that the Government can’t change Scottish law is completely false. You have the attitude that the way you think the world should be is the way it actually is.
You may well be right about the way the world should be, but that doesn’t really matter when you’re wrong about how it is.
We are obliged to take European rulings under advisement. I’m sure we’ll pay them all due heed, and discharge our obligations. Just like Germany does.
Your views are straightjacketed and blinkered.
After the result last Thursday, no devolved power is going to be taken back, not because of the law but because of the consequences.
Attitudes such as yours will destroy the Union.
What on earth do you mean by taking a ruling under advisement.
A state is either compliant or not compliant with the Convention. Only the Brand Chamber has the final say.
States can choose to ignore the rulings but need to be aware of the possible consequences.