Legal experts have responded with alarm to Justice Secretary Dominic Raab’s suggestions that he legislate to “correct” court decisions on human rights cases that go against the government.
The former head of the Government Legal Service, Jonathan Jones, called the deputy prime minister’s proposals “messy”, while a professor of public law at the University of Cambridge said they were “deeply disturbed” and threatened to undermine basic standards of good governance. was given.
Mr Raab announced plans to “overhaul” the Human Rights Act earlier this month at a Conservative Party conference in Manchester to reduce the influence of the European Court of Human Rights.
in an interview with Sunday Telegraph, he said he is working out a mechanism to allow ministers to introduce ad-hoc legislation for “correct” court decisions, whether passed by the ECHR in Strasbourg or by UK judges, which he calls “judicial laws” rather than as making new laws. Decisions of elected politicians.
“We will get into the habit of making laws from time to time and thinking about mechanisms for that,” he said. “Where decisions that have been made – albeit properly and duly given by the courts – we think are wrong, it is right for Parliament to legislate to correct them.”
Mr Raab said it was wrong for European judges to tell Britain how its armed forces, police, welfare systems and healthcare should operate.
“We want the Supreme Court to have the final word on interpreting the laws of the land, not the Strasbourg Court,” he said.
“We wish to protect and protect the privileges of Parliament from being taken away by judicial law abroad or indeed at home.”
Matrix Chambers’ human rights lawyer Jessica Simer QC said Mr Raab was presenting a “false narrative” that foreign judges were ruling the UK court system, while in fact the HRA was introduced specifically to ensure that the British were able to achieve. Instead of going to the ECHR, their rights were upheld in the domestic court.
Diminishing its provisions would mean more complaints in Strasbourg and more judgments against the UK, unless the government intends to completely pull Britain out of the European Convention on Human Rights, which is “a great deal for this country”. There will be one step into the dark place and the world”, warned Ms. Simar.
Mr Jones – who quit as the government’s top lawyer in 2020 to protest Boris Johnson’s plans to breach international law in a row over the post-Brexit Irish border – said Mr Raab’s proposals contained “a lot of wrongdoing”. Was.
As parliament is already able to legislate to fix loopholes in laws, it appears Mr Raab is trying to use a new mechanism to allow ministers to take this step without the approval of MPs. were doing, he said.
Credit: www.independent.co.uk /