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With the UK currently having the rotating chair for the European Court of Human Rights and David Cameron visiting it to deliver a speech to all 47 members with the theme of reforming the way it operates, there is a fluttering in the Dove Cots of the “European Elite” ever prepared to defend their entrenched positions of privilege. As with many things, the actual “truth” behind the operation of the ECHR and our own, one suspects, very badly drafted Human Rights Act may well be fairly complex and difficult to unravel if left only to the Lawyers.

However, the political reality is all too apparent as the recent decision that the radical cleric Abu Qatada cannot be deported to Jordan where he comes from, is a case in point. David Cameron or even Ed Miliband if he were the current British Prime Minister, cannot ignore the political realities even when you warn that “Hard Cases make bad laws…”

What It Looks Like

There has to be a clear understanding that “what a thing looks like” is important and passing the blame onto the tabloid press because they want to “sensationalise” a particular story concerning the ECHR is the defence of an out of touch ‘elite’ or, ‘would be elite’. The saying that “Justice must not only be done but also, seen to be done…” is totally crucial to how societies have always worked historically.

One may of course ‘complain’ about the rights and wrongs of what any society sees as “Right and Wrong” at any particular moment in time, Aztec/Inca Indians obviously thought that human sacrifice was okay, as did Abraham it seems, at the time and today, we would disagree… The point is that human society always moves on and the ‘context’ changes with it.

When we look at the current economic situation in Europe, the cries concerning “Fat Cat Bankers and their bonuses…” Do we not also hear the reasons why average and normal Germans ‘accepted’ Hitler’s rants against the Jews ? Are we not too putting ourselves in just that ‘territory’ politically and today as then in Nazi Germany, will not the Courts will soon fold to political pressure ? You know they will !

What is the total “arrogance” of a post WWII Europe during which most countries failed ‘miserably’ in any legal context to even uphold the right to breath for their citizens, should these ‘artificial institutions’ so needed and so lacking then in human conscience, even imagine that they hold sway, clearly nothing has been learned. Pinning the “Rosette of Universal Law” on a donkey, is still a donkey with a rosette. What arrogance !

Defending the Indefensible

There was a ‘pre-emptive strike’ in terms of an article written by Nicholas Bratza the current “President” of this all too often ridiculous court. His sanctimonious apologia for the ECHR can be read here: http://www.independent.co.uk/opinion/commentators/nicolas-bratza-britain-should-be-defending-european-justice-not-attacking-it-6293689.html

This of course is added to by the ‘white liberal, latte supping metropolitan luvvies’ that inhabit ‘World Indy’ with the following inconsequential Editorial. I personally think that they should give up writing Editorials, they are mainly crass and are either written by a “team who don’t like each other” or, schoolchildren on work experience. Universally awful can be their only epiphet:

“While arguably unnecessary, there is no reason the Prime Minister should not use his speech to the 47 nation Council of Europe in Strasbourg tomorrow to set out proposals for reform of the European Court of Human Rights, which the Council oversees. But the leaked suggestion that he may withdraw Britain from the ECHR altogether if his demands are not met is alarming. Threats are a wholly unconstructive approach to policy-making and, if carried out, would only add to Britain’s growing isolation.”

Of Course

Sir Nicholas of Bizarre writes total nonsense, the usual “special pleading” by in this case, a Judge to sustain his own existing position and privileges when clearly, they have not been earned by him or any other member of this court.

However and regardless of whether the ECHR is a good or a bad thing, my personal desire to see us in the UK withdraw from both it and the EU has a very simple basis and it has nothing to do with being a ‘Little Englander’ or grandiose statements about “loss of sovereignty”, it is that these ‘comfy little cabals’ with their horse trading behind closed doors, do not serve the cause of democracy. This man in complaining about “British politicians echoing the tabloids…” has in his rather sanctimonious way totally missed the point which is that these supranational bodies particularly in the case of a mature democracy like the UK, undermine the very basis of democracy itself.

The “tabloid view” is generated by the fact that so many issues are outside of the competence of our elected representatives to deal with apparently, on both political (EU) and legal matters (ECHR). “That it is outside of our control…” is the plaintive cry of British politicians and judges is frankly not acceptable. We the British electorate, need to be able to “point their feet to the fire”, they should serve us not, some foreign based entity, their “doings” should match the society they came from.

I also consider it outrageous that this particular clown writes on “Prisoners Rights” as an issue when the current glaring example is a so called Muslim cleric we can’t deport back to his homeland as a totally unwelcome guest who has long outstayed his welcome in the UK. What are these idiots suggesting, that the UK should resort to extra-judicial executions in order to be rid of this creature ?

The Actual Basis of the Rule of Law

Napoleon claimed the reason for his military successes was that each of his Guard, carried a Marshall’s Baton in his knapsack. The same applies to democracy and the rule of law, for it to work, it must exist in the heart of every citizen not, in a Court in Strasbourg.

There comes a point where the personal abrogation of responsibility to “higher authorities” over which there is no direct linkage to democratic control, does indeed damage democracy and results in a “bureaucratic soup” that commands little to no respect. Like it or not, the ECHR is at that point as far as the average British elector is concerned.

Whilst he UK by no means has anything like a perfect record on application of the Law perfectly, at the time, it does however, have a good record and however long it has taken in some cases of “Righting such Wrongs”.

Democracy is only strong where people feel that their voice is heard, their votes count, remove that and democracy fades, it is most certainly undermined. Although politicians and the Establishment often seem to imagine otherwise, they have no “Divine Right” to rule over us, they are our servants and should be wholly answerable to us and their moral beliefs Not, bodies that we don’t have direct influence over.

The ECHR was set up in the aftermath of a war that saw the most appalling abuses of human rights but whilst its aims are ‘worthy’, the reality is that if push came to shove, there are many signatories to it today who would (do ?), dump it without thought if their national interests were felt to be threatened. Whatever people think of Thatcher, Blair or whoever, such principles would not be so easily abandoned within the UK by default, we don’t actually need the ECHR is the point and beyond that with all our accumulated history, it would not be Britain if we did.