@WomaninHavana's Threads
This is a very powerful, and bleak, argument by @pbmehta on the widespread failure of India’s liberal institutions to protect #humanrights in India. As @TheEconomist did last week, the Supreme Ct comes in for very particular disdain for abdicating responsibility. #Kashmir
“So we don’t yet have a contest between democracy and authoritarianism. What we have are protests against individual transgressions — sedition, lynching, NRC, Kashmir. These are still seen as individual transgressions in a system that is still, overall, legitimate. “
“After all, if we still have the luxury of acting as if the system is legitimate, the system will hoist us with our own petard of legitimacy.”
A powerful must read about the state of Modi’s India, both the broad silence & the nature of the struggle to protect rights, one by one.
A powerful must read about the state of Modi’s India, both the broad silence & the nature of the struggle to protect rights, one by one.
This is *still* the headline on the @BBCNews app. It’s misleading & it matters.
The Court accepted Johnson’s stated commitment, through his lawyers, to comply with the law.
A technical dismissal, yes, but in substance & effect, it can hardly be described as a govt win.
The Court accepted Johnson’s stated commitment, through his lawyers, to comply with the law.
A technical dismissal, yes, but in substance & effect, it can hardly be described as a govt win.
For both headline writers and journalists reporting the position, the Court’s position is clearly stated in the following paragraphs. The govt has given unequivocal assurances that it intends to comply with the law & so it is *unnecessary* to order the govt to do so.
It is well worth heeding the sting in the tail as the Court recounts those assurances. The court emphasises the core principles of constitutional propriety and mutual trust - the Prime Minister/govt must not renege on their assurances.
It’s a warning shot. Make no mistake.
It’s a warning shot. Make no mistake.
One day a Brexit Inquiry will focus on language & propaganda. How govt after govt refused to set out hard facts about what Brexit entails without hiding behind slogans.
Get Brexit Done is not only as deliberately evasive as May’s Brexit Means Brexit. It is a straightforward lie.
Get Brexit Done is not only as deliberately evasive as May’s Brexit Means Brexit. It is a straightforward lie.
Exhibit A:
Or:
Ok sound back on. Lady Hale now setting out the facts relating to the prorogation itself
Unanimous judgment of all 11 justices.
Court holds this IS Justiciable.
Repeat. It IS justiciable. Unanimously.
Court holds this IS Justiciable.
Repeat. It IS justiciable. Unanimously.
On the eve of Supreme Ct #prorogation judgment, PM Johnson simply refuses to answer @GaryGibbonBlog @Channel4News q as to whether he will prorogue Plmnt again.
His whole interview technique is a sort of filibustering. Refusing to answer direct qs on workers’ rights, or Benn Act.
His whole interview technique is a sort of filibustering. Refusing to answer direct qs on workers’ rights, or Benn Act.
Q: Will you prorogue Plmnt again? Will you rule out proroguing Plmnt again?
A: let’s be clear what happened. I think it’s slightly misconstrued....
(Says the man who refused to provide a witness statement about what did happen to construe it clearly for the deciding Court).
A: let’s be clear what happened. I think it’s slightly misconstrued....
(Says the man who refused to provide a witness statement about what did happen to construe it clearly for the deciding Court).
A: they say we were trying to stop Plmnt from discussing Brexit..
Q: Yr answer to my q might help me know whether you were or not.. are you going to do it again?
A: I think it was a good idea to have...I will see what the justices say..
Q: Ah, so you might do it again?..
Q: Yr answer to my q might help me know whether you were or not.. are you going to do it again?
A: I think it was a good idea to have...I will see what the justices say..
Q: Ah, so you might do it again?..
As Day 3 of the #SupremeCourt #prorogation appeal gets under way, this is former PM Major’s written case before the Court. His barrister is timetabled to speak at 1210 today. supremecourt.uk/docs/written-c…
Two points of note:
1) The practical reality of what a non-justiciability ruling means (see below), ie that the hypothetical extremes disavowed by the Div Ct are of material & remarkable significance here; &
2) Johnson inexplicably still hasn’t produced a witness stt...
1) The practical reality of what a non-justiciability ruling means (see below), ie that the hypothetical extremes disavowed by the Div Ct are of material & remarkable significance here; &
2) Johnson inexplicably still hasn’t produced a witness stt...
Pretty extraordinary stuff, this, to have a former Prime Minister intervene in an action against a current Prime Minister. It speaks to the road we are travelling.
I can’t follow much today. Do follow @BBCDomC @mattholehouse @JoshuaRozenberg @jamesdoleman @Greg_Callus
I can’t follow much today. Do follow @BBCDomC @mattholehouse @JoshuaRozenberg @jamesdoleman @Greg_Callus
As Day 2 of #SupremeCourt prorogation hearing starts, here is the link to the Prime Minister’s written case.
Terrific job being done by @UKSupremeCourt staff to keep proceedings as transparent and accessible as possible. supremecourt.uk/docs/written-c…
Terrific job being done by @UKSupremeCourt staff to keep proceedings as transparent and accessible as possible. supremecourt.uk/docs/written-c…
Essence of Sir James Eadie’s arguments for govt is there are no judicial & manageable standards against which PM’s advice to HMQ to prorogue can be assessed, & that it is not constitutionally appropriate for the courts to seek to do so, since political resolution, not judicial.
Ct (Lord Kerr) asks whether Eadie accepts it is for the court to determine what the limits of the extent of prerogative power are.
Eadie says yes.
Q: Do you also accept that prerogative powers are also constrained by overarching fundamental rights?
A: In some circs, yes.
Eadie says yes.
Q: Do you also accept that prerogative powers are also constrained by overarching fundamental rights?
A: In some circs, yes.
Whatever the ultimate conclusion of the @UKSupremeCourt hearing on justiciability, this is a significant point for starters.
The failure of the Prime Minister to provide a witness statement means the factual findings of the Court of Session are unlikely to be disturbed.
The failure of the Prime Minister to provide a witness statement means the factual findings of the Court of Session are unlikely to be disturbed.
In another age, those factual findings (which were damning of the Prime Minister’s reliability and credibility), should have been enough to trigger his resignation - whether the underlying judicial review succeeded or failed.
Watch this space.
Watch this space.
Lord Pannick now making the stt point - A Court may draw adverse inferences of fact against a party where no witness statement produced. Obligation owed to Ct by a public authority to cooperate and make candid disclosure of relevant facts & reasoning behind reason challenged.
Here’s the full jmnt in #Cherry.
From a skim, it’s a damning assessment of the PM. No matter what the findings on justiciability next week, surely he must resign.
Court finds prorogation was mooted specifically as a means to stymie any further legislation regulating Brexit.
From a skim, it’s a damning assessment of the PM. No matter what the findings on justiciability next week, surely he must resign.
Court finds prorogation was mooted specifically as a means to stymie any further legislation regulating Brexit.
Lord Brodie: Procedural manoeuvres are the stuff of politics, whether conducted in plmnt or lesser bodies. However, when the manoeuvre is quite so blatantly designed ‘to frustrate plmnt’ at such a critical juncture in UK history, the court may legitimately find it to be unlawful.
If you want to skip straight to some key paragraphs, go to [53]-[60], [91], [123]-[124].
More once I’ve read it properly.
#Cherry #prorogation
More once I’ve read it properly.
#Cherry #prorogation
Johnson’s govt is absolutely taken down in the Court’s summary of reasons:
Scottish Court unanimously decides the true purpose of prorogation was “to stymie parliamentary scrutiny of the executive”.
Classic Dom.
Scottish Court unanimously decides the true purpose of prorogation was “to stymie parliamentary scrutiny of the executive”.
Classic Dom.
Extraordinary damning judgment on Johnson's govt's position:
Lord Brodie describes prorogation as a tactic to frustrate Plmnt, an "egregious case of a clear failure to comply with generally accepted standards of behaviour of public authorities."
The PM is not above the law.
Lord Brodie describes prorogation as a tactic to frustrate Plmnt, an "egregious case of a clear failure to comply with generally accepted standards of behaviour of public authorities."
The PM is not above the law.
The last line on the summary says:
"The Court will ..make an Order declaring that the PM's advice to HM the Queen and the prorogation which followed there was unlawful and is thus null and of no effect."
"The Court will ..make an Order declaring that the PM's advice to HM the Queen and the prorogation which followed there was unlawful and is thus null and of no effect."
Gove cites the ECHR, Data Protection Act & “safe space” as he refutes the motion, notwithstanding the striking intervention made by Grieve that there was plenty of evidence of improper motive on prorogation.
Grieve pre-empted. Cherry too on the lack of witness statement.
Grieve pre-empted. Cherry too on the lack of witness statement.
And in fact Grieve stands up to makes that point.
Would he like to explain why no affidavit was filed by any official relating to the circs in which prorogation was decided upon? He will understand suggestion govt explanation is inaccurate & evidence the decision taken earlier.
Would he like to explain why no affidavit was filed by any official relating to the circs in which prorogation was decided upon? He will understand suggestion govt explanation is inaccurate & evidence the decision taken earlier.
Gove’s answer is, predictably, hopeless. Doesn’t come close to answering the meat of the question.
The PM is talking himself up, & wanting to be talked up, as someone prepared to defy the courts & MPs to side with “the people”.
He may never intend to defy the law. But he is consciously setting the stage to scream “Enemies of the People”.
Destabilising & deeply damaging.
He may never intend to defy the law. But he is consciously setting the stage to scream “Enemies of the People”.
Destabilising & deeply damaging.
That last quote was taken from the eminent QC @philippesands in @guardian yesterday.
The breathlessness of the political media is contributing towards the sense of rising panic & confrontation. Cool-headed, line-by-line reality checks are much needed in our current climate.
The breathlessness of the political media is contributing towards the sense of rising panic & confrontation. Cool-headed, line-by-line reality checks are much needed in our current climate.
It’s a reasonable conclusion that those running No 10 either know nothing about our legal system or, rather more likely, are flushing out disinformation to create this sense of hype.
First Gove, a former Lord Chancellor, and now Williamson.
Britain now has a govt which is actually and openly advancing an argument that it is above the rule of law.
This way democracies fail.
Britain now has a govt which is actually and openly advancing an argument that it is above the rule of law.
This way democracies fail.
Oh, & the govt’s own dossier dated 28 August shows a myriad problems with alternative solutions to the backstop.
Brussels say no new negotiating position has been put forward.
A govt gaslighting its own democracy in a naked power grab.
This way democracies fail.
Brussels say no new negotiating position has been put forward.
A govt gaslighting its own democracy in a naked power grab.
This way democracies fail.
First, they came for (Strasbourg) human rights law.
Then, they came for EU law.
Finally, they decided they didn’t much like our own law either.
Seems those now controlling the Tory party, that much vaunted party of law & order, don’t actually like the constraint of law.
Then, they came for EU law.
Finally, they decided they didn’t much like our own law either.
Seems those now controlling the Tory party, that much vaunted party of law & order, don’t actually like the constraint of law.
This is Ridiculous. #Ashes2019
👏🏼👏🏼👏🏼👏🏼👏🏼👏🏼👏🏼👏🏼
ONE TO WIN. Ridiculous. #Ashes2019
ONE TO WIN. Ridiculous. #Ashes2019
Rise and SHINE @benstokes38!!!!!
Who says cricket doesn’t have drama?
👏🏼👏🏼👏🏼@englandcricket! 👏🏼👏🏼
#Ashes2019
Who says cricket doesn’t have drama?
👏🏼👏🏼👏🏼@englandcricket! 👏🏼👏🏼
#Ashes2019
This is a sham negotiation. It is nonsense barely dressed up.
It is a whole heap of “trust us” (Yes, trust *us*, who already agreed to the WA but now don’t) about commitments to something entirely unspecified.
We are no longer even pretending to be a serious, reliable country.
It is a whole heap of “trust us” (Yes, trust *us*, who already agreed to the WA but now don’t) about commitments to something entirely unspecified.
We are no longer even pretending to be a serious, reliable country.
Also, Britain, take him at his word.
As it’s proposed our pension age be raised to 75, we have Johnson’s “commitment” to environmental, product & labour laws but Brexit Britain will “diverge” from EU laws.
Forget the trade deal. And put the rest in our pipe & smoke it.
Brexit.
As it’s proposed our pension age be raised to 75, we have Johnson’s “commitment” to environmental, product & labour laws but Brexit Britain will “diverge” from EU laws.
Forget the trade deal. And put the rest in our pipe & smoke it.
Brexit.
Blink & the last 3 years never happened.
Can’t imagine the EU will treat this letter other than badly, the constant moving of goalposts to suit the British govt du jour.
Johnson’s govt is buried so deep in its own bravado, it forgets the outside world can think, read, listen.
Can’t imagine the EU will treat this letter other than badly, the constant moving of goalposts to suit the British govt du jour.
Johnson’s govt is buried so deep in its own bravado, it forgets the outside world can think, read, listen.
“Go back to where you came from” is about as textbook racism as possible. Posting it publicly is about as textbook racial harassment as possible.
So those of us invested & born in a country should stay silent on our criticisms of our own govt because of our origins - really?
So those of us invested & born in a country should stay silent on our criticisms of our own govt because of our origins - really?
2. For anyone who would like to see how our own domestic Equality Act 2010 defines (racial) harassment, here it is:
3. It turns out, rather unsurprisingly, that in the USA, “go back to where you came from” is pretty textbook racial harassment too:
Should journalists or Britain’s PM candidates want a whistle-stop tour of how our own equality & harassment legislation would view Trump’s tweets..
These aren’t ”accusations” of racism, or dog-whistles or being un-British, whatever that is. It’s straight out racist harassment.
These aren’t ”accusations” of racism, or dog-whistles or being un-British, whatever that is. It’s straight out racist harassment.
Obviously, it’s another context & jurisdiction. But I’m making the point that the pursuit of these women in public, related to their ethnic or racial origin, designed to intimidate, so obviously offensive, seeking to stir up hate, that’s the very definition of racial harassment.
There are also potentially a number of criminal offences which could apply in Britain. See @BarristerSecret for some examples.
This is a new, deep low from Trump. This shouldn’t be normalised. This shouldn’t be open for discussion as “accusations”. Call it out for what it is.
This is a new, deep low from Trump. This shouldn’t be normalised. This shouldn’t be open for discussion as “accusations”. Call it out for what it is.
Inside China’s Digital Gulag is an extraordinarily brave & shocking film that goes undercover inside China’s Xinjiang province to investigate the estimated million Uighurs forced into detention camps.
This is happening in our time now.
Please watch & share: ITV 1045pm tonight.
This is happening in our time now.
Please watch & share: ITV 1045pm tonight.
Inside China’s Digital Gulag also accesses China’s tech companies rolling out unprecedented algorithmic surveillance on the Uighurs. It’s a chilling story of China’s power now, & vision of a world with unregulated AI, an inescapable dystopia where human rights mean nothing.
There is one moment in the film where a Chinese official casually laughs: “The Uighurs have no human rights”.
Last week, 22 countries, including the UK, sent an rare letter of condemnation to the @UNHumanRights Council & @OHCHR on the Uighur issue.
theguardian.com/world/2019/jul…
Last week, 22 countries, including the UK, sent an rare letter of condemnation to the @UNHumanRights Council & @OHCHR on the Uighur issue.
theguardian.com/world/2019/jul…
If you hadn’t noticed (and it seems lots haven’t!), there’s a World Cup Final on at Lords today, with England in it! Stay away that rain.
Excited as I am for #CWC19 Final, it’s disappointing tht @ECB_cricket wasted opportunities to win huge domestic support for cricket & the national team. 10.30am weekday starts most days, Sky subscription only & scheduling vs Wimbledon Men’s Final. Still, stay away that rain!
@ECB_cricket NZ put themselves into bat first. Interesting decision, given the skies. Come on England!
Today in Sunday Drama...
Orange is the new Blue.
Pakistan are supporting India.
India are supporting India.
England have to win.
#TebbitTesters are properly torn.
Chilli Cheddar Naan for breakfast?
#ENGvIND #CWC19
Orange is the new Blue.
Pakistan are supporting India.
India are supporting India.
England have to win.
#TebbitTesters are properly torn.
Chilli Cheddar Naan for breakfast?
#ENGvIND #CWC19
No Moeen Ali? England are going to have to hope that was the right call..
Rishabh Pant, meanwhile, gatecrashing for India...
Excited, from London! #ENGvIND
Rishabh Pant, meanwhile, gatecrashing for India...
Excited, from London! #ENGvIND
Day 1 #GeziPark #Kavala trial saw a packed courtroom in Istanbul & a high number of international observers.
Of poignant note was the Greek delegation of lawyers from Kavala, Greece.
Tomorrow expected to be a full day.
A full report to follow. @BarHumanRights @article19org
Of poignant note was the Greek delegation of lawyers from Kavala, Greece.
Tomorrow expected to be a full day.
A full report to follow. @BarHumanRights @article19org
@BarHumanRights @article19org The Court heard the defence statements of Osman Kavala, Yiğit Aksakoğlu, Mucella Yapıcı, Çiğdem Mater & Hakan Altınay. Others to follow.
Worth noting a crowded courtroom rose to give both Kavala & Aksakoğlu a long, hearty and respectful applause, many times over. #GeziPark
Worth noting a crowded courtroom rose to give both Kavala & Aksakoğlu a long, hearty and respectful applause, many times over. #GeziPark
@BarHumanRights @article19org #GeziPark Day 2 trial update.
The Court heard from 4 other Defendants, & lawyers’ statements for Kavala & Aksakoğlu. Court refused to allow public back for interim decision. A few international observers eventually permitted to stay, including @BarHumanRights.
The Court heard from 4 other Defendants, & lawyers’ statements for Kavala & Aksakoğlu. Court refused to allow public back for interim decision. A few international observers eventually permitted to stay, including @BarHumanRights.
A big night here in Istanbul as @ekrem_imamoglu upsets the apple cart in #Istanbulelections. There’s been back slapping & congratulatory hugging, car honking & flag waving on my drive across the Bosphorous tonight, but seems quieter than maybe expected. What happens next? #turkey
@ekrem_imamoglu Nothing quiet about this though. Watching on tv as @ekrem_imamoglu shouts to huge Istanbul crowd - Raise up your hands, raise them for the women, for the young, for democracy, law & justice. In this city, we build the future.
A pivotal moment for Turkey. #IstanbulElections
A pivotal moment for Turkey. #IstanbulElections
@ekrem_imamoglu Everything will be fine! The Istanbul victor @ekrem_imamoglu with the boy who spontaneously came up with his hashtag campaign! #herseycokguezelolacak
With that, a warm good night from a mood of positivity, and a few more car horns, at least for tonight, from a sultry Istanbul.
With that, a warm good night from a mood of positivity, and a few more car horns, at least for tonight, from a sultry Istanbul.
Time for a Brexit break as the shouting gets louder, & we replay the past.
To counter the negativity of our political era, I was thinking about a fierce blue sky, magical cloud formations, extraordinary achievements of humanity & of the beauty of a quiet moment.
For now, Adiós.
To counter the negativity of our political era, I was thinking about a fierce blue sky, magical cloud formations, extraordinary achievements of humanity & of the beauty of a quiet moment.
For now, Adiós.
This time, I hope, for real!
Have taken Twitter off my phone for a while - to get away from the noise and to stop being part of the noise. I think a period of quiet from everyone, and some thinking & reflection, is a good way forward.
For now, be kind.
Have taken Twitter off my phone for a while - to get away from the noise and to stop being part of the noise. I think a period of quiet from everyone, and some thinking & reflection, is a good way forward.
For now, be kind.
On a human level, one of course has sympathy.
But we will not learn or change if we aren’t honest.
“Burning injustices” were the bookmarks of her premiership, with nothing of substance in between.
Grenfell? A union of people, compromise?
It’s hard not to be deeply cynical.
But we will not learn or change if we aren’t honest.
“Burning injustices” were the bookmarks of her premiership, with nothing of substance in between.
Grenfell? A union of people, compromise?
It’s hard not to be deeply cynical.
Her wish to be portrayed as someone who compromised, and as someone who governed for all, is the final act of delusion in a Prime Minister who did neither.
She will be remembered for making a bad situation undoubtedly worse.
She will be remembered for making a bad situation undoubtedly worse.
She will be remembered for carrying the legacies of her anti-immigration obsession into No.10, and into Lancaster House, the author of the #HostileEnvironment for which she never apologised, for #CitizensofNowhere, for subjecting half the country to a place out of sight & mind.
