Letter before action
R (on the application of John Hirst) v Secretary of State for Justice
(Interested party the Association of Prisoners)
FAO: Kenneth Clarke, Secretary of State for Justice
According to The Times 20 September 2010: “The Deputy Prime Minister took responsibility for the issue from Kenneth Clarke, the Justice Secretary, in July”.
The issue in question is fully complying with the judgment in Hirst v UK (No2).
However, according to the MoJ website: “We are also responsible for making new laws, strengthening democracy, modernising the constitution and safeguarding human rights”.
Therefore, it is contended that Kenneth Clarke acted ultra vires by seeking to avoid the responsibility of ensuring that all citizens in the UK are guaranteed the human rights under the Convention.
The claimant is seeking an urgent interim injunction pursuant to s.6(1) of the HRA 1998 to stop a public authority from breaching an established human right under the Convention. In addition, seeking an order quashing the said decision. And an Order of Mandamus to force the Sec of State to do his duty. Finally, declarations that s.3 of RPA 1983, and HRA 1998 are incompatible with the Convention.
First Defendant: Secretary of State for Justice
Second Defendant: Deputy Prime Minister
Interested party: Association of Prisoners
Yours sincerely
John Hirst
A mixture of law, politics, autobiography and humour. Once described as "The Devilish Advocate" (Guardian), I do have the ability to provoke a response. Sometimes it comes from someone who uses a thought process, and sometimes from jerks usually associated with the knee.
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