A Quote by Dominic Grieve
Contrary to the myth that the U.K. respects decisions of the Strasbourg court but many other adherent states do not, the convention and Strasbourg court judgements have proved a highly effective tool in protecting and developing human rights in countries with no tradition of the rule of law.
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But when General Ziaul Haq introduced the strict blasphemy - 295 A, B, C - of Pakistan's penal code, then from 1986 to today there are hundreds cases that are registered under the protection of blasphemy law. And until today, no case against any minorities, and especially Christians, is proved in the higher court. The lower court would order punishment but the higher court would always acquit people. So it proves that this law is being used as a tool of victimization against minorities and innocent people of Pakistan.
We often imagine that the court serves as a sort of neutral umpire controlling the warring political branches. But this is mostly myth. The justices of the Supreme Court are themselves actors in the struggle for power, and when they intervene, they think carefully about how their decisions will affect the court's own legitimacy and authority.
In fact, Native American Rights Fund has a project called the Supreme Court Project. And quite frankly, it's focused on trying to keep cases out of the Supreme Court. This Supreme Court, Justice Roberts is actually, hard to believe, was probably worse than the Rehnquist Court. If you look at the few decisions that it's issued.
I don't think I can change the fact that the court can cancel a law, but I think the court should only get involved in extreme issues like human rights violations.
The United States has held out against taking part in any of the world consensus that there should be a court of human rights or that there should be an international court of criminal justice.
It is a great problem for the true international agenda of human rights that the United States, uniquely among industrialised countries, has not ratified three main instruments, has not ratified the Covenant on Economic, Social and Cultural Rights, or the Convention on the Rights of the Child, or the Convention for the Elimination of Discrimination Against Women, and we could have so much richer a debate and dialogue on international human rights standards if the superpower would sign up to the agenda.
We are deeply concerned about the situation in Russia with regards to human rights. There are several examples of this situation, such as the new law requiring NGOs to register as "foreign agents", the law banning homosexual "propaganda", problems with the rule of law and arbitrary judicial processes, and court rulings against the opposition.
Gorsuch, who is a U.S. Supreme Court nominee in the United States, said the real test of law is when a government can lose in its own courts and still respect the order. And I think Canadian need to ask is why would Canada, if it's doing everything right, why wouldn't you want to be watched? If they are contesting the fact that their own courts don't have jurisdiction over the government's human rights violations, then our next step is to go to federal court and find the federal government that can come to court and we will do that.
The first opinion the Court ever filed has a dissenting opinion. Dissent is a tradition of this Court... When someone is writing for the Court, he hopes to get eight others to agree with him, so many of the majority opinions are rather stultified.
It has always been accepted, even in pronouncements by the Supreme Court that the Court and its judgements can be subjected to strong, even trenchant criticism. Is the same yardstick not available for comments on the use or abuse of the Court's powers of contempt?
As records of courts and justice are admissible, it can easily be proved that powerful and malevolent magicians once existed and were a scourge to mankind. The evidence (including confession) upon which certain women were convicted of witchcraft and executed was without a flaw; it is still unimpeachable. The judges' decisions based on it were sound in logic and in law. Nothing in any existing court was ever more thoroughly proved than the charges of witchcraft and sorcery for which so many suffered death. If there were no witches, human testimony and human reason are alike destitute of value.
A Court of equity can mould interests differently from a Court of law; and can give relief in cases where a Court of law cannot.
At issue here is a basic law which enables the Supreme Court to quash laws in extreme cases. Up until now, this right of the Supreme Court was not mentioned anywhere, but was just taken. At the same time, we want to enable the Knesset to overrule decisions of the Supreme Court.
We have seen too many arbitrary Strasbourg diktats based on the whims of European judges - from prisoner voting to blocking deportation of Abu Qatada - rather than a sober reading of the sensible list of core freedoms in the European Convention itself.
The very purpose of the Bill of Rights and the Constitution is to protect minority rights against majority voters. Every court decision that strikes down discriminatory legislation, including past Supreme Court decisions, affirming the fundamental rights to marry the person you love, overrules a majority decision.
The rule of law means that law and justice are upheld by an independent judiciary. The judgments of the European Court of Justice have to be respected by all. To undermine them, or to undermine the independence of national courts, is to strip citizens of their fundamental rights. The rule of law is not optional in the European Union. It is a must.
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