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Monday, September 12, 2011

David Cameron: Prisoners votes to blow up in his face?

David Cameron: Prisoners votes to blow up in his face?

According to the late Lord Bingham: "the law must afford adequate protection of fundamental human rights".

We have the Human Rights Act 1998. This requires the Executive, Parliament and Judiciary to abide by the statute.

David Cameron said: "It has to go. Abolish the Human Rights Act and replace it with a British Bill of Rights, which sets out rights and responsibilities".

Joshua Rozenberg writes: "In what may be seen as an attack from the grave on critics of the European convention within the current government, he [Bingham] demands to know which of the convention rights they would discard. "Would you rather live in a country in which these rights were not protected by law?" he asks sharply".

According to Lord Bingham: "the rule of law requires compliance by the state with its obligations in international law as in national law".

Martin Kettle writes that Bingham recognised that whilst The Constitutional Reform Act refers to the rule of law it does not define what it means. Therefore the Judiciary must give it an interpretation. And when this happens, adds Kettle, "The constitutional and political potential of that moment is, to put it mildly, absolutely explosive".

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