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Echr V Domestic Law
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If a signatory nation makes a law which violates one of the articles of the European Convention for the Protection of Human Rights and Fundamental Freedoms, what can the European Court of Human Rights do to help people who have been convicted under it and who are seeking redress?
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See here (and,in particular, pages 11 & 12):
https:/
https:/
here is a learned article on the effect of the E Ct Hr and english law
already cited - but hell so what?
long read - 56 pages I think
https:/
and somewhere else I dug out a Hansard comment ( does NOT have force of law ) on what the minister thinks is the effect.
kinda hinky huh - that I am working onto find again.
My silence is golden AND - because I left the laptop at someone else house last night and got on with silent reading
already cited - but hell so what?
long read - 56 pages I think
https:/
and somewhere else I dug out a Hansard comment ( does NOT have force of law ) on what the minister thinks is the effect.
kinda hinky huh - that I am working onto find again.
My silence is golden AND - because I left the laptop at someone else house last night and got on with silent reading
and here it is
Goldsmith and the E Ct H R
he is the one who didnt cover himself with gloire over the Iraq War ( his advice was - no you can;t - - - actually you may be able to )
but you know - if I knew anything about this - I would be covering myself with moolah
https:/
the upshot of which is - - May thought withdrawal was a good idea and now thinks ( as she would have to abrogate UK's role in th treaty on himan rights ) is now less of a good idea
Vetuste - they're politicians not lawyers - look at the mess Trumps fave Bannion made of the first exclusion decree
Goldsmith and the E Ct H R
he is the one who didnt cover himself with gloire over the Iraq War ( his advice was - no you can;t - - - actually you may be able to )
but you know - if I knew anything about this - I would be covering myself with moolah
https:/
the upshot of which is - - May thought withdrawal was a good idea and now thinks ( as she would have to abrogate UK's role in th treaty on himan rights ) is now less of a good idea
Vetuste - they're politicians not lawyers - look at the mess Trumps fave Bannion made of the first exclusion decree
here is Factortame about the E C J
https:/
https:/
I thought this had been covered already in naomi's misunderstanding / flawed question thread.
I'll repeat this bit from the article in naomi's link:
"In a statement, the European Court of Human Right said: “The Court found in particular that the domestic courts comprehensively assessed the wider context of the applicant’s statements and carefully balanced her right to freedom of expression with the right of others to have their religious feelings protected, and served the legitimate aim of preserving religious peace in Austria.
“It held that by considering the impugned statements as going beyond the permissible limits of an objective debate, and by classifying them as an abusive attack on the Prophet of Islam which could stir up prejudice and threaten religious peace, the domestic courts put forward relevant and sufficient reasons”
Looks like it's a balancing act.
Whether there is a process for appealing ECHR rulings I'm not sure. Whether we''ll no longer need to be concerned with ECHR decisions post Brexit I'm a also not sure. Maybe once we're out we'll have even less right to complain about their decisions as most brexiteers seemed to want to escape from the ECHR
I'll repeat this bit from the article in naomi's link:
"In a statement, the European Court of Human Right said: “The Court found in particular that the domestic courts comprehensively assessed the wider context of the applicant’s statements and carefully balanced her right to freedom of expression with the right of others to have their religious feelings protected, and served the legitimate aim of preserving religious peace in Austria.
“It held that by considering the impugned statements as going beyond the permissible limits of an objective debate, and by classifying them as an abusive attack on the Prophet of Islam which could stir up prejudice and threaten religious peace, the domestic courts put forward relevant and sufficient reasons”
Looks like it's a balancing act.
Whether there is a process for appealing ECHR rulings I'm not sure. Whether we''ll no longer need to be concerned with ECHR decisions post Brexit I'm a also not sure. Maybe once we're out we'll have even less right to complain about their decisions as most brexiteers seemed to want to escape from the ECHR
this is not bad
https:/
which states clearly they cannot nullify a statute
[but also as clearly, there is an effect of decisions on English Law or else people wouldnt get so inflated on it]
https:/
which states clearly they cannot nullify a statute
[but also as clearly, there is an effect of decisions on English Law or else people wouldnt get so inflated on it]
//I thought this had been covered already in naomi's misunderstanding / flawed question thread//
No it hasn't, FictionFactory. Your post explains the reasons the ECHR decided that the appellant's freedom of speech had not been violated. I'm asking about domestic laws which are in clear contravention of one of the articles in the Convention, e.g. re-introducing the death penalty. Can someone on death row appeal to the ECHR, and what can they do about his situation?
No it hasn't, FictionFactory. Your post explains the reasons the ECHR decided that the appellant's freedom of speech had not been violated. I'm asking about domestic laws which are in clear contravention of one of the articles in the Convention, e.g. re-introducing the death penalty. Can someone on death row appeal to the ECHR, and what can they do about his situation?
"Whether we''ll no longer need to be concerned with ECHR decisions post Brexit I'm a also not sure."
We will still need to be concerned. The ECHR has nothing to do with the EU and our withdrawal from the latter will have no bearing on our obligations as signatories to the former. The ECHR came into force some four years before the EU's predecessor, the EEC, was formed.
We will still need to be concerned. The ECHR has nothing to do with the EU and our withdrawal from the latter will have no bearing on our obligations as signatories to the former. The ECHR came into force some four years before the EU's predecessor, the EEC, was formed.
thx NJ
amid all the thcreaming - there was a clear question
can the E Ct H R nullify statues ( "laws" sic)
which is no - they advise
and the subsidiary q - what effect does the E Ct H R have on precedent and to what extent will it still be relevant - not asked and not even perhaps thought of - is more interesting.
the statement that the ECJ ( boo!) and the E Ct H R ( eek are they different?) share virtually the same body of law as a result of intentional interaction does NOT clarify but rather confuses
[because of the non sequitur that withdrawal from the ECJ means withdrawal .....]
amid all the thcreaming - there was a clear question
can the E Ct H R nullify statues ( "laws" sic)
which is no - they advise
and the subsidiary q - what effect does the E Ct H R have on precedent and to what extent will it still be relevant - not asked and not even perhaps thought of - is more interesting.
the statement that the ECJ ( boo!) and the E Ct H R ( eek are they different?) share virtually the same body of law as a result of intentional interaction does NOT clarify but rather confuses
[because of the non sequitur that withdrawal from the ECJ means withdrawal .....]
// Can someone on death row appeal to the ECHR, and what can they do about his situation? //
oh...
Can someone on death row appeal to the ECHR,
yes - but there are a lot of hoops to jump thro - Poor Mr Vintner didnt manage it
[2016] EWHC 1635 (Admin)
CO/5891/2014
and what can they do about his situation?
they cant issue an order - but can advise ....
there is no doubt that the ECHR principles are now in english common law
oh...
Can someone on death row appeal to the ECHR,
yes - but there are a lot of hoops to jump thro - Poor Mr Vintner didnt manage it
[2016] EWHC 1635 (Admin)
CO/5891/2014
and what can they do about his situation?
they cant issue an order - but can advise ....
there is no doubt that the ECHR principles are now in english common law
honestly you can do this sort of search yourself
https:/
[ they said they were not for it]
https:/
[ they said they were not for it]
"...there is no doubt that the ECHR principles are now in english common law"
They are actually embedded in statute, Peter. The UK's 1998 Human Rights Act near enough mirrored the provisions of the ECHR. It thus provided a remedy for breach of an ECHR article in the UK's courts without the need to go to Strasbourg.
They are actually embedded in statute, Peter. The UK's 1998 Human Rights Act near enough mirrored the provisions of the ECHR. It thus provided a remedy for breach of an ECHR article in the UK's courts without the need to go to Strasbourg.
// "...there is no doubt that the ECHR principles are now in english common law" //
I was quoting from memory a law lord who was commenting on the possibility of repealing the Human Rights Act ( no I dont have a reference - I read it and thought 'oh')
you know plan A repeal the HRA and replace it with the Great British Liberties Act ( a/c to David Cameron - he's coming back you know) that we would have control over and so will have FEWER liberties than the HRA
[ or else there wouldnt be a need to repeal it]
my bottom
I was quoting from memory a law lord who was commenting on the possibility of repealing the Human Rights Act ( no I dont have a reference - I read it and thought 'oh')
you know plan A repeal the HRA and replace it with the Great British Liberties Act ( a/c to David Cameron - he's coming back you know) that we would have control over and so will have FEWER liberties than the HRA
[ or else there wouldnt be a need to repeal it]
my bottom
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