From: "John Hurst", [EMAIL PROTECTED]
>Article 6 of the ECHR is one of the best pieces of
>legislation ever to take effect in this country, not
>least because the grossly unfair appeals process under
>the Firearms (Northern Ireland) Order is illegal under it.
Steve,
Could you elaborate please. Section 44 appeals
on the mainland are hardly fair <g>.
I think that the Human Rights Act has potential to do good
also. This is because it insists that UK statutes are
interpretated in a way which respects the commom law
rights of the subject.
This is because Pepper v. Hart applies. In the debates on
the incorporation of the European Convention on Human Rights
into UK law, Lord Wilberforce pointed out that UK delegates
to the Convention in 1950-51;
"...knew that all essential rights were confirmed to us by common law and
there was never any intention that the new obligations by way of guarantee
should be taken to supersede them".
He then went on to confirm that the civil rights of the subject are
confirmed by the common law;
"Perhaps I may remind noble Lords of what our essential civil rights, as
guaranteed by the common law, are: the presumption of innocence; the right
to a fair hearing; no man to be obliged to testify against himself; the rule
against double jeopardy; no retrospective legislation; no legislation to be
given an effect contrary to international law--an old principle which has
been there for years; freedom of expression; and freedom of association. All
of those were in the minds of our delegates firmly secured already by the
common law to this country, and not intended to be superseded or modified by
the new inter-state obligations in the convention.
Hansard 3 Nov 1997 : Column 1279.
Regards, John Hurst.
--
The appeals process in Northern Ireland is illegal because Article 6
requires an _independent_ determination as to the actions of the police,
and obviously the Secretary of State is not independent. The
general interpretation of the Article is that all appeals must
be heard by the judiciary. In Northern Ireland many types of
appeal are not, and thus would be illegal under Article 6.
Steve.
Cybershooters website: http://www.cybershooters.org
List admin: [EMAIL PROTECTED]
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