Vernon Bogdanor, Professor of Government at the University of Oxford, has been reported in th Telegraph as saying that the Human Rights Act, which came into force almost four years ago, has become a "fundamental law" - one that is superior to other statutes. Together with equally fundamental legislation setting up the Scottish Parliament and Welsh Assembly, he regards it as the basis of a new British constitution. He argues that a Tory government would be unable to repeal the Human Rights Act. First, he insists, it would be absurd to do so. Since claimants would still be able to take their complaints to the Human Rights court in Strasbourg, it would be a signal that we trusted continental judges more than our own judiciary.
We could withdraw from the convention," he says. "We could withdraw from the European Union, we could repeal the devolution legislation: in theory, we could legislate for Canada, Australia or even France and Germany - but, in practice, we don't."
Furthermore, withdrawing from the Human Rights convention, he points out, would be tantamount to declaring that Britain was no longer securing the rights that almost every European country allowed. And it would be an odd thing to do, considering that Britain drafted the convention. "It's very difficult for Parliament to over-ride the judges when they say legislation is incompatible with the convention."
As a political scientist rather than a lawyer, Prof Bogdanor looks to the substance rather than the form.
Theoretically, he explains, Parliament can do what it likes. But, in reality, there are important limitations on its sovereignty.
"If Parliament decided to repeal the Scotland Act, it would not be an illegal thing to do. Here, again, the form of Parliamentary sovereignty has been preserved but, in practice, Parliament has lost its sovereignty over huge areas of domestic policy in Scotland and Wales."
We are now ruled by judges and they are in a position to declare acts of Parliament unlawful. We have lost our sovereignty and are told what to do by Brussels. And a leading exponent on constitutional law assures us that repealing the Human Rights Act is not a practical proposition. I'd have to be persuaded very hard that such a party was able to deliver the promised result before I voted for them on that basis!
2006-10-20 08:49:13
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answer #1
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answered by Doethineb 7
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I do think it may bring a party to power, however, it was not brought in for asians. It was brought in as the enactment in british law of the European Convention on Human Rights - Another hair brained scheme of brussels!!!!
In order to repeal this act it would mean either reintroducing something very similar under a different name (i.e. masking over the problem) or leaving the E.U and telling brussels where to stick it!!!
I think, personally that the acts purpose was fairness for all, which is easy to condone. The problem has been the way in which the legislation has been interpreted by lawyers and people looking to 'scam' the system. The only winners in human rights cases are ever the lawyers. I think it should be redrafted to be a bit more water tight on what the protections actually are, not scrapped completely.
2006-10-21 02:13:21
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answer #2
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answered by ligiersaredevilspawn 5
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The Human Rights Act simply needs to be updated and refined in order to redress the balance in favour of its law-biding citizens.
However our illustrious Government did (albeit briefly) look at the feasibility of making amendments to the Act, but true to Political
form they couldn't find anybody willing to walk into the Minefield.
Only today in the Papers, there was a case of a Paedophile who regularly uses a School Gym and is allowed to do so because the governing Board of the School are to afraid they might infringe his Human Rights if they ban him. But then again what do you expect from a Government which has endorsed binge drinking, on line gambling and a get out of Jail free culture?
Long gone are the days of Lord Sutch's Monster Raving Looney Party, where else would you find a Major Party with Balls!
2006-10-21 11:22:50
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answer #3
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answered by Stephen 2
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Nonsense.
Have you suckers not realised yet that the government wants to repeal the human rights act! Of course it has the balls, it just doesn't have the support. That is why they keep doing all these stupid things in the name of the human rights act, just to get outraged "citizens" like yourself demanding that the government takes your rights away. The government breaks the human rights act whenever it suits it to do so and it obeys it whenever it suits it to do so. When are you going to finally work out that they are using racial and religious tensions to manipulate you?
2006-10-20 20:34:46
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answer #4
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answered by karlrogers2001 3
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We all have equal rights, I think the problem most people have is when ethnic groups move over to Briton thay take the laws of there country with them eg; A family marrying of there daughter against the wishes of that girl or the freedom of their children to choose their own religion when thay are old enough to do so, thay are taking away the right of their own children by not giving them the freedom of choose, So in my view the biggest looser when it comes to human rights is the children of immigrants.
2006-10-20 10:46:57
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answer #5
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answered by scotlandsno1yummymummy 2
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It was the European Court of Human Rights. This has helped Brits in foreign prisons, and no it isnot just asian people
2006-10-20 08:10:57
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answer #6
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answered by Anonymous
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That's a very good point. There is some moron judge today who has said that changing the human rights act would create more terrorists but there are thousands anyway so who cares.
2006-10-20 08:10:01
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answer #7
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answered by Anonymous
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I don't know about getting them into Downing Street but I would certainly sit up and listen to what they had to say!!! The Human Rights Act is only used to protect criminals, abuse the legal system and is detrimental to all law abiding people!!!! Let's get rid of it!!!!!!
2006-10-20 08:13:48
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answer #8
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answered by faisix67 2
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How right you are. It has been an absolute disaster to the indigenous population of this country, no matter what their origin!!
2006-10-21 04:45:33
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answer #9
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answered by steve b 2
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Yes, that would make a major change
2006-10-20 08:06:27
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answer #10
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answered by Anonymous
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