You are Studiously avoiding my points about the vital existence for us in the U.K of the ECHR, your questions are irrelevant to my concerns.
How do you feel about Brexit?
by SydBarrett 42 Replies latest jw friends
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Diogenesister
Just as a FYi, I was taught by my law professor that European HR legislation is largely based on British case law and that our Courts may not compromise British law in any way if it conflicts with ECHR (following taken from Supreme Court):-
"If it is not possible to interpret legislation compatibly with the Convention, the courts can issue a "declaration of incompatibility" – which sends a clear steer to legislators that they should change the law to make it Convention-compliant. No UK court, including the Supreme Court, has the power to "strike down" legislation if it is incompatible with the European Convention on Human Rights.
The Human Rights Act also requires UK courts, including the Supreme Court, to "take account" of decisions of the European Court of Human Rights (which sits in Strasbourg). UK courts are not required, however, always to follow the decisions of that Court. Indeed, they can decline to do so, particularly if they consider that the Strasbourg Court has not sufficiently appreciated or accommodated particular aspects of our domestic constitutional position.
The European Convention on Human Rights and the European Court of Human Rights exist separately from the European Union. The Supreme Court's relationship with the Strasbourg Court is not, therefore, changed by the UK's exit from the European Union."
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Phizzy
Thanks Dio, I was aware of all this, as I had to counter the claims of a Daily Mail reader about how the Court could "dictate" to us, and so presented that very information to him, some time last year IIRC.
To suggest we disassociate from the protection offered by the ECHR is just blinkered xenophobia.