Thanks @JoshuaRozenberg for sharing.Others already commented on Sir Peter Goss's views on the futility/counter-intuitiveness of Raab's BoR, and lack of evidence basis (which followed on not listening to expert evidence).I want to focus on Sir Peter's points on judicial dialogue🧵
2. His Review Panel (IHRAR) "was struck by the high regard in which the UK Courts and Judiciary are held by the ECtHR and the beneficial influence this has, both domestically and for the ECtHR".
3. The ECtHR has welcomed the “mature equilibrium” reached with UK Courts, which "neither means nor requires that UK Courts and the Strasbourg Court always agree", and which entails "mutual respect bringing mutual benefit".
Not quite @DailyMailUK's narrative, one would argue.
4. The relationship between UK Courts and the Strasbourg Court "is, and is intended to be, interactive and dynamic". "Dialogue is key to achieving this objective", it "has borne fruit" and "should continue to develop organically", adds Sir Peter.
5. Sir Peter's Review "placed great store on strengthening and preserving that dialogue".
7. Sir Peter Goss: The relationship between UK courts and Strasbourg "is a UK asset, under-valued domestically". #ECHR@coe@DominicRaab
8. Sir Peter Goss: The relationship between UK courts and Strasbourg "should be widely and better appreciated domestically".
In other words, MoJ please stop undermining this relationship and start promoting the invaluable contribution of the European Court of Human Rights.
9. Sir Peter Goss: "It should go without saying that a relationship of this nature is too valuable to be discarded simply because of dissatisfaction with an unfortunate individual rule 39 interim decision". @MoJGovUK@DominicRaab
10. Sir Peter's comments on dialogue are entirely in line with opinion and evidence provided by @UKSupremeCourt Justices on several occasions, including Lady Hale, on this matter. They've all stressed the harmonic relationship with Strasbourg.
11. Judicial dialogue, betw domestic and int'l courts - open, informed, transparent, between equal partners - is the hallmark of a legal cosmopolitanism apt for liberal democracies (faced with the immense contemporary challenge of populism and polarisation amongst other evils).
12. For this judicial dialogue to continue to be "organic", productive, and beneficial to all parties, as Sir Peter Goss imagines it here, there is a fundamental condition, that he touches upon, even if indirectly...
13. ...this dialogue needs to emerge in a climate of "mutual respect bringing mutual benefit", and the UK Govt has done everything within its powers, for over 10 years now, to ensure that this is not the case...
14. by maligning the Court, making it a central part of its Eurosceptic, anti-European, toxic-Brexiteer narrative, that has indeed given us Brexit, and that may ultimately give us a British Bill of Rights too, and push the UK further and further away from the @coe.#ECHR@NewsEchr
15. There is another way. A proper civic understanding of 'what the ECHR has ever done for the UK', how UK courts work harmonically with it, how we all stand to benefit from a relationship of mutual respect and cooperation, where our domestic Courts use human rights as a compass
1/10 How to transform procedural rights from illusory safeguards to practical guarantees: by empowering those who need them the most, starting w/ stronger awareness. Great case study here:@EachOtherUK & @BIDdetention will turn 63 page legal guide into comic book (& need our help)
3/ As they note, "at any one time in the UK, there are around 2,000 people held in immigration removal centres across the UK" and "people held in immigration detention can be kept there for anything from a few days to years".
1. My new book – with the wonderful Prof Yvonne McDermott, on Judicial Independence Under Threat – is now out, and we could not be more grateful to all those who made it happen: @BritishAcademy_@OUPAcademic & our distinguished authors.
It includes foreword by late Brian Kerr!
2. We were thrilled when Lord Kerr agreed to participate in our 2018 @BritishAcademy_ conference (which provided the foundation for this volume). We were touched by the modesty, openness and kindness he had showed to us since then.
3. We have very fond memories of being in his company during the pre-conference dinner at the @TheInnerTemple (and remain to this day very thankful to the Inn too, for its warm support of our conference).
At @matrixchambers, with two of our students, and two of our Visiting Profs in panel, @JMPSimor KC and Schona Jolly KC @WomaninHavana, on the ‘Brexit Freedoms Bill’.
Jessica Simor starts by noticing how this Bill will result in a vast handover of power to the executive.
2. What is Law for? Law must strive to create legal certainty (and this Bill will achieve the exact opposite of that), @JMPSimor notes, and Sir Jonathan Jones KC, former Head of the Govt Legal Dept, reinforces the point in his speech.
3. This Bill will “set fire to legal certainty”, says @WomaninHavana, taking examples from Employment law and pointing how we continue to rely on EU law for critical parts of that, e.g. equal pay provisions that women have drawn upon.
3. Prof Ekins: "For the Human Rights Act invites lawyers, individuals and lobby groups who are unhappy with government policies to try to undermine them by mounting challenges in the courts."
And this is wrong in a liberal democracy why exactly? #ECHR#humanrights@coe
Govt is introducing a Bill that (a large number of) its own MPs are saying is going to violate international law.
Bill not dictated by national interest (in fact it undermines it).
Only comes in so that PM will 'shore up his support on Right of the party' after confidence vote
2. Bill will be sold to the MPs on the Right of the party—and Brexiteer voters—wrapped in the usual anti-juridical, anti-European, narrative: "European judges to be stripped of Northern Ireland Protocol powers under new Brexit law"
3. This is the anti-human rights narrative too. Many will confuse 'European judges' for those in Strasbourg. The attack on the European Court of Human Rights is of course alive and well in the UK.
"HM's government will play a leading role in defending democracy and freedom across the world".
HM's government will repeal the Human Rights Act. #Queenspeech#HumanRights#HumanRightsAct
video via sky news
The Govt have gone to the @coe and rightly pleaded with them to expel Russia, for gross human rights violations in Ukraine.
Yet the Govt has now also formally announced its plans to substitute the HRA with a UK Bill of Rights (and undermine the operation of the ECHR in the UK).
@coe 3. Contradictions and sheer hypocrisy from the Govt, Baroness @SarahLudford: "HMG will ensure the Constitution is defended". Defended against whom? The Judiciary, deploying human rights, to protect it?