Archive for November, 2011
Human Rights – a judge’s view
Interesting times we are living in generally – on a macro level, will Britain start a slow or quick process of decoupling from the EU or will we perhaps be drawn in further to an ever more centralized Europe ?
On the micro, although not so micro, level, back to the ever thorny issue of Human rights law, which of course has it’s origins in European law.
Judges are masters of using measured words but clearly the Judiciary in the UK are also somewhat troubled by the way Human Rights law is causing such controversy, costing so much money and being argued in such a wide range of cases. In some of the more controversial cases, foreign criminals who commit serious offences are not being deported due to arguments based on article 8 of the Human Rights legislation.
Lord Phillips and Lord Judge spoke for some 90 minutes to a parliamentary committee this week and concurred that the English courts had perhaps, based on respect for the common law system on which English law is founded, been willing to give too much credence to European Human Rights precedents.
Lord Judge also spoke about the prospects of the government seeking to make changes to Human Rights law, perhaps arguing strongly that no country can continue, in the economic conditions of the foreseeable future, to continue dealing with the volume of these cases, as the ECHR apparently has a backlog of over 100,000 uncompleted cases.