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Archive for February 7th, 2011

And… here is the hat I shall wear when I start *Live Tweeting* from court… it is a *Fascinator*...and while live tweeting from courts could be fascinating… I have some reservations about trial by twitter and, I suspect, there will be a lot of disappointment when the district judge or jury disagrees with the ravening twitterati… but there you are… I am going to ESCAPE soon…. from London and this will, hopefully, refresh my interest in law, life and the universe generally.

Below… I have another hat and plan to go into production soon, so that others may enjoy what I have……. could be BIG.. may even get some meedja mogul to buy my entire stock….. or, better, do a licensing arrangement for the future!

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Here is a hat…or..to be more accurate…half a hat: It is carefully crafted by me, now an ‘expert certified pundit milliner’,  to allow the pundit, anti-European specialist, Tory led Coalitionist etc etc etc….  to talk about prisoner votes and any other decision we don’t like from the European Court of Human Rights through the top of his or her head and be sure in the knowledge that his or her views will get out there onto the meedja and twittersphere…while keeping at least half of his/her head vaguely dry so they can come up with even more nonsense on the corrosive effect of the unelected European judges (and, indeed, our own judges)  on the sovereignty and workings of our increasingly rather intolerant and unpleasing nation.

Meanwhile…something rather more sensible from Obiter J in an excellent post today…..
Think Tank calls for UK withdrawal from the European Convention on Human Rights

Quite apart from a number of complex European Law matters relating to ‘membership of the EU’ if we do come out of Europe…  (I am told by my EU lawyer friends that it is a condition of membership of the EU to sign up to the ECHR et al) and don’t forget we can always point to the fact that we need not bother complying with judgments because so many ECHR judgments aren’t complied with …. this quote from Obiter J may be of interest…

This is heady and dangerous stuff which is cleverly and persuasively presented so as to appeal to those who dislike various decisions which have gone against the U.K.  It will also appeal to power-seeking politicians for who Parliamentary Supremacy is a “power-sustaining device.”  The time is coming for people to weigh in the balance the real consequences of allowing Parliamentary Sovereignty full sway – (given how demonstrably authoritarian it has been) – and the check on Parliamentary activity which is provided by the European Court of Human Rights.  Would a U.K. Supreme Court packed with Judges who are to the liking of the politicians meet the bill?  Somehow, for all the siren voices, I doubt it.

Fellow tweeter…@loveandgarbage says this…

The first factual error I can find in this Policy Exchange paper on human rights is on p 5 http://bit.ly/eVZg1y Is it worth going on then?
I’m orf to the caff… read about Jordan and her cross-dressing cage fighting ex-husband in The Sun… like another 5 million of our brilliantly democratic nation’s  voters… it is probably better for my state of mind this morning… back later when I refresh my taste for commenting on the law of our sceptred isle more sensibly…
Explanation
I should explain
1.  We are signatories to The European Convention
2.  This means that we have to abide by… or comply with… as we used to say….  judgments of the ECHR
3.  We are still working on the premise that we observe the ideals of the rule of law in this country?
4.  We may, of course, come out of the The European Convention, Europe and do absolutely anything else which our sovereign parliament decides.  We can even interfere in the sovereign affairs of other nations, wage wars… etc etc….. without any legal impediment…… as, indeed, we appear to have done in recent years?
That is…as they say… the law !

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