Date: Tuesday, May 24th, 2011 01:49 pm (UTC)
po8crg: A cartoon of me, wearing a panama hat (Default)
From: [personal profile] po8crg
Ain't the judges fault that the politicians passed the buck to them on a big scale and then complained that the judges didn't pick the options they would have liked.

The margin of appreciation is pretty generous, but just directly incorporating the ECHR as the HRA means that Parliament isn't picking a point within that range.

Mind you, I also don't like the people objecting to John Hemming. The point of parliamentary privilege is that Parliament is the highest court in the land and is not subject to the jurisdiction of any lower court. If the royal judges - bear in mind that the High Court was sitting as the Court of Queen's Bench in laying down the injunction(*) don't like Parliament overruling them, then they can sod right off to the seventeenth century and take their divine right with them.

(*) and isn't that curious - a common law court using an equitable remedy. I have to confess I expected to find that it had been sitting as Chancery.
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