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    (Original post by Andyrobbo1994)
    There was evidence to suggest he was linked to Al Queda
    If I, or anyone else, claimed you were a rapist that would be evidence to suggest you were in fact a rapist. The reason we have a criminal justice system, however, is to find a way that such evidence may be assessed on its worth. That's why we have trials, where claims must be proven beyond reasonable doubt.
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    (Original post by L i b)
    Indeed we would. Because a great many people, despite not saying it, disagree with the concept of rights in any form.

    But you misunderstand one of the areas of legal significance here. The Human Rights Act simply incorporates the Convention rights into UK law. If there was a differing UK human rights standard, it would be afforded a different margin of appreciation by the European Court. In essence, we would have a limited but extra ability to diverge from existing standards.

    We would still have to enforce the central tenets of the ECHR, but we would have greater freedom to do so in our own way.
    Not quite sure I follow. It seems to me that we would have to withdraw from the Convention for this to work.

    The way I see it, we either sign up to the ECHR, which naturally comes along with ECHR jurisprudence, or we don't. We can certainly add additional rights but I struggle to see how we could pick and choose which bits of the ECHR we want to enforce or how we could legislate for a greater margin of appreciation.
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    (Original post by MatureStudent36)
    Interesting that of all the country's in Europe we're one of only a few that haven't embraced fascism, communism, military dictators or welcomed the invaders. I get the neeed for the ECHR with many of our neighbours, but the UK has only ever embraced democracy and has led the way in modern times with that.
    Because the UK is currently a paragon of virtue with regards to human rights ... wake up, you sound like one of those Americans praising their country's democratic pedigree.

    And democracy is no guarantee of incorruptibility. Since 2001 both Labour and the Tories have been terribly authoritarian. Democracy only works if it's periodically renewed, otherwise we get entrenchment of a two-party system and then they become no different from each other like we have today. There is no democracy where there is no range of choice.
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    (Original post by jacketpotato)
    The British Bill of Rights - at least as it is being conceived by the Conservatives at the moment - is a silly idea. As I understand it, they basically want to copy the ECHR into a document with hardly any changes and call that the "British Bill of Rights". Its a smoke-and-mirror exercise with no real legal significance. We would still have all the same "problems" people associate with human rights law.

    Legally, it doesn't matter whether a right comes from the ECHR or from English law. The advantage of having rights at ECHR level is that the government can't just change the goalposts whenever it feels like it. For example, there is absolutely no protection for privacy under common law and no problem passing broad legislation completely shielding public bodies from legal liability for pretty much anything.
    You are naive: the aim would be to further erode workers' rights and access to benefits. The ECHR is more or less the only thing standing between us and dystopia, no wonder our government wants to get rid of it. It has already hog-tied the courts by slashing legal aid, which had previously been used by the poor, sick and desperate to challenge the government's human rights abuses. The ECHR is all that's left.
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    The ECHR which can save Abu from extradition and allow immigrants numerous rights yet denies British people theirs like the prisoners the right to vote and allows people to be easily extradited to backwards countries like America on a whim.
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    (Original post by Andyrobbo1994)
    Is the European court of Human rights corrupting and undermining British justice and law?
    Should the UK leave the ECHR and maintain human rights at a national level, or create a British bill of rights?
    European court of Human rights is ECtHR.

    The ECHR, European Convention on Human Rights largely is British justice and law. More so than that of any other nation. It was authored around 1950 with the vastly largest part created and written by Britain (with some significant help from France). The problem is that politicians increasingly want to take British law away from justice and democracy and towards greed and a dumbed down proletariat controlled by propaganda.

    The answer is to start providing human rights, not get increasingly sophisticated in circumventing them. Starting with ECHR Article 8 which provides a right to respect for one's "private and family life, his home and his correspondence". Every year more and more things are withheld from people who stand unwilling to give up their privacy.

    Votes for prisoners would be a start. You should be out-voting the bad guys, not disenfranchising them.
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    (Original post by Coffinman)
    The ECHR which can save Abu from extradition and allow immigrants numerous rights yet denies British people theirs like the prisoners the right to vote and allows people to be easily extradited to backwards countries like America on a whim.
    The ECtHR only objected to Abu Hamza being extradited for a relatively brief time, until the Americans gave us assurances that he would be treated in a human rights respecting manner (i.e. no death penalty or excessive cruelty). Most of the delays came from our own domestic courts.
 
 
 
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