The argument against the ECHR is very simple. It’s as Johnathan Sumption put it. We are a common law system. Therefore having as our ultimate court of appeal something operating in the Roman law system does not work.
That’s it, that’s the thing.
Which is why we need to leave the ECHR and have our own – common law – Supreme Court deal with it.
It’s really very simple indeed and there is no arguing with it.
It was Toniblair (piss be upon him) who subjected a Roman Law system (Scots Law) to a Common Law supreme court. That too needs correcting.
Unfortunately the Scottish Nationalist Socialists have so corrupted the Scottish legal world that it’s hard to see how to begin rescuing it. I suppose a start would be to appoint a Wise Man to sort it out. I am available. (But probably not for long so pull your fingers out, boys.)
And just in case anybody here hasn’t been following the latest round in the suspicious-looking Scottish legal world:
https://wingsoverscotland.com/or-something/
Scots law is officially classified as a mixed legal system that combines elements of civil law (derived from Roman law) and English common law.
Yeah, but it’s the Roman Law aspects that ought to preclude having a British Supreme Court above it – only Toniblair could be dim enough to miss the point and bugger up the top of a system that had functioned pretty well since the Union.
He was a great buggerer-upper: the old system of governing the Esk, a river that crosses the border, had functioned well for centuries but little Piss-be-upon-him mucked that up too.
Why anyone other than a lawyer would choose to place another layer of judiciary over their own sovereign courts is beyond me. The lawyers of course love the potential extra income it gifts them.
You left an “r” out of “gifts”!
For the same reason politicians prefer being in the EU. Someone else makes the decisions they want without them being held responsible and having to justify them to the electorate. The EU/International law became a sort of get out of jail free card.
Even better than that they stand a chance of becoming an EU Commissioner, fucking people over with no democratic accountability whatsoever, leading a subsidised, gilded life and accruing a vast, guaranteed pension. Trebles all round.
Given the size of those EU remunerations shouldn’t it be “decanters all round”?
…and there is no arguing with it.
There is if you are a EUro-fanatic federast, determined to harmonise the UK’s legal systems with continental ones…
While I agree completely with the sentiment, this article is pretty late, no? The events described were way back when Sun-nook was PM.
Some thoughts. (Not assertions, I’m open to other POV’s)
The ECHR was part of an attempt to contain the wilder elements of political thought in Europe after the mid-century disagreement. In order for it to have any effect, we needed to subscribe to it too. However, it has since been subject to mission-creep and capture and over-reach.
Maybe that was inevitable because of the conflict between legal systems, maybe inevitable because the people involved will inevitably think their pov is the right one and seek to impose it on everyone else.
But where we are is where we are; it is no longer doing its job. It has been captured. Tragically, it has failed. Time to leave.
ECHR established a capturable system, so it’s been captured like all the others. Progressives and the public sector: never knowingly uncaptured.
Totally OT, headline in the Terriblegraph
Shark sighting closes Jersey beach for the first timeSwimmers told to leave the water at St Ouen’s Bay after the large mammal was spotted in the sea
Cor blimey!!! Who’da thunk a shark wuz a mammal?!!!!
Warmer waters further up the channel please, perhaps chuck a few fish in too and let’s coax the sharks towards Dunkirk.
Always the same question isn’t it? It’s alright grizzling about things. But what are YOU going to do about it? The pols aren’t going to change just because you ask them nicely.