Sunday, October 05, 2014

Smoke and mirrors??

The Justice Secretary has indicated that a future Conservative government would repeal the Human Rights Act 1998 and replace it with a Bill of Rights.  The avowed purpose of this is to "stop British laws being overruled by human rights judgements (sic) from Strasbourg".  Strasbourg is where the European Court of Human Rights sits. But is this just sound and fury?  I claim no special knowledge of human rights legislation, but I am an ex-civil servant and can read a statute and as far as I can see such a change would have little effect in practice.  The idea that our laws can be overruled by the European Court is a fiction.  The Human Rights Act makes it clear that Parliament (Westminster) is sovereign.  Also the Act makes it clear that although our courts (and those of the other EU members) have to "have regard to" judgments of the European Court, they are not ultimately bound by them.  I have a feeling that this is not so much a fight between Westminster and Strasbourg as part of the ongoing battle between successive governments in this country and the judiciary, who have a habit of coming up with decisions which frustrate what government is trying to do.

No comments: