This sounds like a very important ruling. The first successful court challenge against the lockdown regulations, as far as I know. The rules in Scotland were different to England were communal worship has been allowed throughout the last two lockdowns bbc.co.uk/news/uk-scotla…
Here is the official summary. Fascinating! Ties constitutionality to proportionality. Finds Scottish government had failed to show less restrictive measures would have achieved the public health aim judiciary.scot/home/sentences…
Wowzers - tracing concept of proportionality all the way back to Aristotle to read it into the 'constitution' when it concerns restrictions on worship.

Does anything enthuse our courts more than finding a way to use human rights principles without using human rights principles?
"Human rights? Let me tell you a story which begins 3,000 years ago..."
To be fair, the court does then go on to consider the human rights aspects, but this is a kind of constitutional back up argument
If I could be bothered to do the meme with the guy standing with a woman and looking at another woman walking past he would be the English court dealing with the protest cases against the Met Police and she would be this Scottish judgment on blanket bans under Covid regulations
This is the crux of the reasoning - the final bit of the proportionality exercise is showing less intrusive measures were not available

"failed to show that no less intrusive means than the Regulations were available to address their aim of reducing risk to a significant extent"

• • •

Missing some Tweet in this thread? You can try to force a refresh
 

Keep Current with Adam Wagner

Adam Wagner Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

PDF

Twitter may remove this content at anytime! Save it as PDF for later use!

Try unrolling a thread yourself!

how to unroll video
  1. Follow @ThreadReaderApp to mention us!

  2. From a Twitter thread mention us with a keyword "unroll"
@threadreaderapp unroll

Practice here first or read more on our help page!

More from @AdamWagner1

22 Mar
🚨The regulations for the next few months of Covid-19 restrictions are here

The Health Protection (Coronavirus, Restrictions) (Steps)
(England) Regulations 2021

Some big changes, including "Steps" (not tiers!) and the first proper holiday ban

(thread)

legislation.gov.uk/uksi/2021/364/…
First thing to say: this is another completely new system.

We have had national restrictions, local restrictions by separate regulations, the first lot of Tiers (1-3), a second national lockdown, new Tiers (1-3+) then Tier 4 added, third national lockdown

Now we have… Steps.
So, instead of being 4 tiers, there are 3 “steps”.

Step 1 is the most severe (confusingly as Tier 1 was the least severe)

Steps work like the Tiers, in that they apply to specific areas.

But at the moment, all we know is that Step 1 applies to all of England from 29 March
Read 37 tweets
21 Mar
The violence in Bristol is unacceptable.

As I have said repeatedly over recent weeks, the right to *peaceful* protest should be protected and every attempt to diminish it should be opposed - *peacefully*.
The bill which this protest is supposedly about won’t make a jot of difference to violent protest, which is already unlawful and unprotected by human rights law.

The bill is troubling because it could criminalise a wide range of *peaceful* protests.
I appreciate there has been a lot of confusion about what the Police, Crime, Sentencing and Courts Bill is going to do.

Key to understand is police *already* have powers to impose conditions on protests if "necessary to prevent disorder, damage, disruption or intimidation".
Read 5 tweets
21 Mar
Good thread.
Covid is almost the perfect example of where a public inquiry would be good for society:
- Hugely complex issue,
- politically charged so judicial approach an advantage
- a decade until the next (likely) pandemic so thorough process both possible and useful
- the idea that a public inquiry would be ‘too costly’ seems odd in this context where mistakes likely led to tens of thousands of lives lost *and* billions lost from economy
- Ultimately, the litmus test is whether the people who are saying “let’s move on and not rake over the coals” are the very people who are likely to be in the crosshairs from an inquiry.
- with power comes responsibility and scrutiny cannot be avoided forever
Read 4 tweets
19 Mar
Mr Justice Holgate's judgment in the @ReclaimTS Judicial Review interim hearing from last Friday has been published.

Paragraph 24 is key and couldn't be clearer.

Any police force with a policy which bans all protest would be acting unlawfully

judiciary.uk/wp-content/upl…
The Metropolitan Police statement does not reflect the judgment
The Mayor of London's statement is even worse
Read 4 tweets
19 Mar
This is just wrong - legally. Protest has not been banned in total under the current lockdown. See the judgment of Mr Justice Holgate in the @ReclaimTS case from last Friday. Should be published this afternoon
Here is the judgment - just published. I suggest @SadiqKhan and the @metpoliceuk read paragraph 20 (Mr Thomas was the barrister for the Met Police

crimeline.co.uk/wp-content/upl…
Also paragraph 17

"He also submits, correctly, that it is inappropriate to treat the 2020 Regulations as if they give rise to a blanket prohibition on gatherings for protest"
Read 6 tweets
19 Mar
Crucial intervention by the @HumanRightsCtte on the right to protest, human rights and the lockdown. New report just published

Basically, says that the legal position in relation to protest is too unclear and must amended urgently.

committees.parliament.uk/publications/5…

(short thread)
(I should point out that although I am specialist advisor to this inquiry I had no part in this report - as it happens my year long post ends today)
The Committee makes the important point that the regulations are very unclear as to how powers of enforcement can be used against protest (this point was not addressed in the Dolan case but does raise the possibility the regulations are not compatible with Article 11)
Read 12 tweets

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just two indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3/month or $30/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!

Follow Us on Twitter!