Transnational Anti-Judicial Dialogue
Tony Blair is considering calling for restrictions on the U.K.’s landmark 1998 Human Rights Act, which incorporated the European Convention on Human Rights into national law. Apparently, (i) rogue judges are (ii) using international law to (iii) put criminals back on the streets, (iv) ignore the rights of victims, and (v) endanger national security. I can’t imagine where Blair, whose popularity and party standing are so low as to call into question his ability to remain in office, could have picked up his judge-bashing rhetoric.
I’m still unclear exactly how the two triggering events — a murder by a paroled rapist and the grant of asylum to some Afghan refugees who hijacked a plane to escape the Taliban — implicate the Human Rights Act. The former seems the result of penal policy and the inevitability of future offenses by some parolees. The latter I would expect to result, if not from domestic immigration policy, then from international conventions on refugees and torture rather than the ECHR. If readers can shed some light on U.K. law in these areas I would be most grateful.