tag:blogger.com,1999:blog-6110794854146484721.post7776475416706581122..comments2024-03-29T08:05:56.264+00:00Comments on Law and Lawyers: Protection of Human RightsObiterJhttp://www.blogger.com/profile/04544226917595022902noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-6110794854146484721.post-63041398443842389292011-09-29T16:07:59.638+01:002011-09-29T16:07:59.638+01:00As ever Obiterj, a lucid and instructive piece. Bu...As ever Obiterj, a lucid and instructive piece. But just to be an inevitable and tedious Scottish legal nationalist, we should be a wee bit cautious about using the language of the "UK" when talking about rights protection. Although you are bang on about the Human Rights Act, which applies in Scotland too, it would be remiss to leave out the provisions of the Scotland Act 1998 on the European Convention. Unlike the Human Rights Act's procedure for the judicial declaration of incompatibility with the European Convention, the Scotland Act goes much further. Holyrood and Scottish Ministers are subject to vires control by the ECHR, and any of their acts or Acts which are incompatible with the rights set out therein render Scottish Parliamentary legislation, or acts of Scottish Ministers, legal nullities. For legislation, we're talking about s29(2)(d):<br /><br />http://www.legislation.gov.uk/ukpga/1998/46/section/29<br /><br />As such, legislation emanating from the Scottish Parliament can be struck down by courts, and significantly, even if the Tories had abolished the Human Rights Act, without amending the Scotland Act, this vires limitation on Holyrood's legislative competence would continue. We don't need to seek too far for examples of the sort of litigation this can provoke. The UK Supreme Court is presently entertaining <a href="http://www.supremecourt.gov.uk/current-cases/CCCaseDetails/case_2011_0108.html" rel="nofollow">a case from big insurers,</a> challenging the Scottish Parliament's legislation on pleural plaques on human rights grounds under s29 of the Scotland Act. We await their judgment.Lallands Peat Worrierhttps://www.blogger.com/profile/07238432265194046726noreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-89858702572566287812011-09-29T15:20:42.801+01:002011-09-29T15:20:42.801+01:00Even after the UK has incorporated most of the Con...Even after the UK has incorporated most of the Convention into domestic law, it is arguable that rather than the HRA setting the floor level of rights it merely sinks to basement level. The Convention sets the minimum. Anything less than this amounts to abuse of human rights.<br /><br /><a href="http://jailhouselawyersblog.blogspot.com/2011/09/parliament-abuses-prisoners-like-nazi.html" rel="nofollow">Parliament abuses prisoners like the Nazi regime abused Jews, etc<br /></a>jailhouselawyerhttps://www.blogger.com/profile/03795278184797990706noreply@blogger.com