tag:blogger.com,1999:blog-6110794854146484721.post3400694732299851758..comments2024-03-27T09:03:22.289+00:00Comments on Law and Lawyers: Think Tank calls for UK withdrawal from the European Convention on Human RightsObiterJhttp://www.blogger.com/profile/04544226917595022902noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-6110794854146484721.post-20165975389422997352011-02-07T17:41:06.174+00:002011-02-07T17:41:06.174+00:00Our constitution, including the concept of Parliam...Our constitution, including the concept of Parliamentary sovereignty, derives authority from consensus. This is the view of Goldsworthy. The constitution works because the courts, Parliament and the judiciary agree on the principles.<br /><br />The growing culture of rights (importantly through the HRA) is due a consensus that the constitution should move in this direction. Any changes in how rights fit into the British constitution, such as those proposed by the paper, require a consensus to form between all the branches of state.Law Thinkhttp://www.lawthink.co.uknoreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-34465223786030692482011-02-07T17:21:34.371+00:002011-02-07T17:21:34.371+00:00An excellent analysis of Parliamentary Supremacy m...An excellent analysis of Parliamentary Supremacy may be found in Richard Gordon QC's book "Repairing British Politics - A Blueprint for Constitutional Change" - Hart Pubishing 2010. He argues that parliamentary sovereignty lacks any representative foundation. Indeed, it cannot since the doctrine dates from before universal suffrage. It is a profoundly undemocratic doctrine divorced from popular sovereignty. I recommend his book to readers.ObiterJhttps://www.blogger.com/profile/04544226917595022902noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-32259203369836439092011-02-07T14:10:20.196+00:002011-02-07T14:10:20.196+00:00My historical and constitutional knowledge on this...My historical and constitutional knowledge on this topic is not on a par with that of this site`s worthy owner but if this matter is taken back to first principles was not the supremacy of parliament taken as a fundamental stepping stone to a modern democracy subsequent to the Glorious Revolution? And if we look ahead instead of to the past and postulate the establishment of eg World Convention of Human Rights would the same arguments apply between that fictional body and the ECHR? I would say they must. This Russian doll approach to "human rights" is a chimera. If we elect a "parliamentary dictatorship" we must live with the result although I am of the opinion that if the public were in full knowledge or it were made part of "citizenship" programmes that the most awful crimes in human history were made possible by the results of an elected dictator it would prevent similar here.The Justice of the Peacehttp://thejusticeofthepeace.blog.co.uknoreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-29612429284126543652011-02-07T10:30:53.458+00:002011-02-07T10:30:53.458+00:00A ridiculous Paper which undoubtedly attempts to o...A ridiculous Paper which undoubtedly attempts to overcorrect in the way of political power.<br /><br />'Parliament should vote to approve the appointment of nominees to the Supreme Court.' Because that has worked so well in US!Law Thinkhttp://www.lawthink.co.uknoreply@blogger.com