Hands off our legal system: Top judge tells Europe to keep its nose out of British justice
By Steve Doughty, Social Affairs Correspondent
Last updated at 8:02 AM on 29th June 2010
Rebuked: Judges in Strasbourg were told not to interfere with British justice"One of the country's most senior judges has warned the European human rights court not to interfere with British justice.
Master of the Rolls Lord Neuberger told Euro judges in Strasbourg to show 'more acute appreciation' of the independence of English law.
He said the European human rights judges who have repeatedly overturned laws set by Parliament would 'benefit' from understanding that legal rights can be achieved in different ways.
The rebuke from Lord Neuberger, who is the leading civil law judge in England, is the second high-level judicial criticism of the Strasbourg court this year.
The head of the judiciary, Lord Chief Justice Lord Judge, said in April that the French-based rights body was threatening to 'assume an unspoken priority' over English common law.
It indicates deepening unease among judges at the willingness of European judges to intrude into and overrule Parliamentary and British court decisions.
Lord Neuberger rebuked Strasbourg in a lecture to lawyers about the 'incoming tide' of European law.
At the weekend, the French head of the Strasbourg court, Professor Jean-Paul Costa, condemned the Government for considering repealing the Human Rights Act and replacing it with a British bill of rights. He said that 'returning the court to British rule is a bad idea'.
The Strasbourg decision that has proved most damaging to relations has been its ruling that prisoners in British jails should have the vote.
Lord Neuberger called for a 'dialogue' between Strasbourg and London which, he said, 'will require a more robust approach by our courts through their judgments to explaining the common law position and exactly how and why it sets out a perfectly consistent means of facilitating the rule of law and protecting fundamental rights".
Comment:
I intend to get to the bottom of this so-called story.
What belies the headline and 3 subsequent paragraphs is this: "Lord Neuberger rebuked Strasbourg in a lecture to lawyers about the 'incoming tide' of European law". Lord Neuberger does not have the power or jurisdiction to rebuke the judges of the ECtHR.
As the story does not state when he gave the speech, I will need to conduct some research. Meanwhile, it is worth bearing in mind that it was to stop another holocaust situation that we arrived at the Convention and Court. Given the link below to the holocaust, perhaps the MR ought to have a reminder that totalitarian and authoritarian states are not acceptable in the Council of Europe and European Union? The Rule Britannia is sailing too close to the wind!
Personal life: "He has been Chairman of the Advisory Committee on Spoliation of Art during the Holocaust since 1999".
Silly Berger!
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