1. What is the quality of the evidence? Is it hearsay or double hearsay (“I was told by someone that someone told her that ...”)? Courts rightly either exclude or give little weight to such evidence (which can’t be tested).
2. Does the evidence directly show fraud or are we being invited to draw conclusions from facts that could easily have an innocent explanation. (Courts rightly are reluctant to find fraud to be established save on the basis of strong evidence.)
3. Is what is being alleged actually fraud or just failure to comply with procedural rules (such as rights to observe the count)? Failure to comply with procedural rules is very unlikely to lead to votes being excluded (because that would breach the rights of those voters).
4. What is the quantity of fraud being alleged? Is it sufficient to amount to tens of ‘000s of votes, sufficient to cast doubt on the result? (Courts won’t overturn an election won by 10s of ‘000s if only 10s of votes are at issue.)
(Rider: I’m no expert on US electoral law - but these questions seem to me to be pretty basic).
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Not sure that @timothy_stanley knows what he is talking about. Neither reducing the no. of judges nor “bringing in specialists” amounts to “rolling back” “Blair era” reforms. The HoL judicial committee had the same number of judges as now, and were no less (or more) “specialist”.
Entirely unclear what “specialist” means here, anyway. Though some have argued that there are too many commercial lawyers and not enough crime/family specialists.
The article is a mess anyway: perhaps because whatever is being discussed is also a mess.
Well, quite. Though note that the job was originally (in 1998) given to the Judicial Committee of the Privy Council (the Judicial Committee of the House of Lords in different clothes).
Since the judiciary don’t want to be settling political arguments raising no real legal issues (and they don’t, and dispose of them fast), what’s the problem?
Note: this deal visible from space is still a really bad deal for the UK. It fails to obtain vast amounts that UK businesses and citizens will want. See eg this from @Howard_Goodall (and remember that our 🎵 industry is far more important in size and numbers involved than 🐟).
Important part of this story: plan to pass more legislation breaching international law. ft.com/content/8c5330…
See
References to “extreme” interpretations here means “interpretations we don’t like” and “interpretations we don’t like but which are upheld by the dispute resolution mechanisms we agreed to”.
We may have a vaccine against Covid. That means a decision for the government (@theresecoffey at @DWP) on whether to extend the scheme under the Vaccine Damages Act 1979 legislation.gov.uk/ukpga/1979/17/… to vaccinations against Covid.
You’ll see that it entitles anyone suffering severe disablement (60% disabled) caused by a vaccine against listed diseases to a payment of £120,000 from the state. Unlike a product liability claim, it’s irrelevant what the manufacturer knew or should have known about its effects.
It doesn’t deliver on a “clear* Conservative manifesto commitment”. The Conservative manifesto and election campaign told us that the Withdrawal Agreement was a wonderful deal that would be ratified. Nothing about reneging on it.