Recent events elsewhere in the world have made me particularly appreciate the American system.
The 2016 US Election has been, as they would say, a ‘dumpster fire’. The media have graded one candidate on a curve, and the discussion has been almost entirely about personalities. There does not appear to have been any sustained news cycle dedicated to policy. Indeed, even the discussion of actual policies in the debates was atrocious.
It’s clear that the country is incredibly polarised. Nevertheless, I still admire the American political system.
One silver-lining of the Trump candidacy is that there has been plenty of discussion about the US system. I don’t mean admiration for the electoral college (although I’ve heard some good arguments for its retention recently) but more simply and fundamentally, the fact that everything is subordinate to the Rule of Law, and a Constitution which places and incredibly strong emphasis of individual rights and protections against government over-reach.
This may seem like a statement of the obvious, but recent events elsewhere in the world have made me particularly appreciate the American approach.
Continue reading “I Admire the American Political System”
There is something extremely comforting about the European Convention on Human Rights, which is a treaty others can hold us to
The parliamentary Committee on Arms Export Controls is about to publish a report into the sale of weapons to Saudi Arabia. It appears as though British-made weapons have been used to commit human rights abuses in Yemen.
Its draft report, seen by Newsnight’s Gabriel Gatehouse, said: “The weight of evidence of violations of international humanitarian law by the Saudi-led coalition is now so great, that it is very difficult to continue to support Saudi Arabia.”
The committee said it seemed “inevitable” that such violations had involved arms supplied by the UK which would mean it was in violation of its own legal obligations.
I’m not sure, but I think the phrase “its own legal obligations” means aspects of UK law that prohibt certain kinds of sale.
It’s stuff like this that makes me (and human rights groups) extremely distrustful of the Conservative Government’s proposed ‘Bill of Rights’. This is a proposal to place our human rights protections entirely within the UK legal framework, with no reference to the law and jurisprudence of European Court of Human Rights.
As the Saudi arms sales story shows, this Government, in keeping with all past and future governments, cannot really be trusted to abide by its own rules and laws! There is therefore something extremely comforting about the European Convention on Human Rights, which is a treaty and an obligation that other countries can hold us to (and of course, we can hold them to it as well).
On human rights, I’m glad that Britain is not currently a ‘law unto itself’ and fear for the time when that changes.
As someone who blogs about freedom of expression I really can’t let the ridiculous burkini controversy in France go by without comment.
Policemen have literally been forcing women to disrobe in public. That is deeply illiberal and wrong.
The arguments for enforcing such a policy do not stand up. Continue reading “Ban the Burkini Ban”
Anyone who can present a calm and collected facade will be an attractive candidate. Teresa May is doing this.
The perils of not posting your blog post immediately after you’ve written it! I wrote this last night when the two main leadership contenders were Boris Johnson and Teresa May, and he was the bookies’ favourite. Now Michael Gove has entered the race saying “Boris is not a leader”, Johnson’s odds have lengthened significantly and Mrs May is now the favourite. I don’t know how that affects the principles I set out below.
The Conservative Party has begun the nomination process to elect a new party leader and therefore our next Prime Minister.
Boris Johnson is the favourite but my gut tells me that Teresa May will win.
Making pronouncements based on what one’s intensities say is a perilous practice. Often you end up talking shit or vomiting nonsense. Allow me to offer some head-like reasoning for what I feel in my waters. Continue reading “My Gut Tells Me Teresa May Will Be Our Next Prime Minister”
Anders Bering Breivik may have won a court case, but when it comes to his racist political project, he has lost completely.
Anders Bering Breivik, the far-right terrorist who murdered dozens of people in the Utoeya massacre in 2011 has won a human rights case.
He was being kept in solitary confinement for 22 hours a day, which the Norwegian court ruled was inhuman.
The judge in the case made a succinct point about human rights:
In her ruling, judge Helen Andenaes Sekulic said the right not to be subjected to inhuman treatment represented “a fundamental value in a democratic society” and also applied to “terrorists and killers”.
Continue reading “Mass Murderer Wins Human Rights Case and That’s A Good Thing”
Last week, U.S. Presidential candidate Donald Trump provoked outrage when he said that women should be punished for having an abortion. Unusually for the self-styled maverick, he walked back the comments in subsequent interviews, saying that, actually, the woman is the victim in such cases. The idea that a woman who seeks an abortion should be criminalised (instead of or in addition to the person performing the procedure) is far outside mainstream political opinion, even in a country where religious fundamentalists have high levels of politically engagement.
Meanwhile in the United Kingdom, a woman has been given a criminal record and a three-month suspended sentence for aborting her baby in Northern Ireland. Continue reading “Legalising abortion in Northern Ireland is vote-neutral for the Westminster parties”
Three separate parliamentary committees have made a total of 123 recommendations
Yesterday I wrote again in defence of politicians. Many of the frustrations that give rise to ‘anti-politics’ are borne of people not understanding how politics works: there is a constant need to compromise and any hard choice will end up disappointing people.
Sometimes, however, the anti-political feeling is justified. I have rarely been as angry with politicians as I was when the coalition government passed the Data Retention and Investigatory Powers Act in just two days in 2014. This legislation made lawful a number of mass violations of privacy that the security services had been caught doing without public or parliamentary consent. The politicians from all parties made mendacious arguments in favour of the new law, claiming an ’emergency’ when there was none.
From that low point, my faith in parliament is slowly being restored. Continue reading “The New Snooping Bill Needs a Total Rewrite”
For human rights defenders, advocating for a constitutional amendment is the only consistent approach
Not a week goes by, it seems, without a mass shooting in the USA. The world’s oldest democracy also has the highest rate of gun related deaths in the developed world. It’s a shocking public safety problem, and it’s caused by the fact that the Constitution of the Unitied States says that the government cannot curtail its citizens’ right to bear arms.
Many constitutional scholars say that the 2nd Amendment does not really mean that individuals can arm themselves. Rather, they say, it simply stops the Federal Government from preventing the formation of militia. The authors of that text were, after all, mindful of tyrannies, dictatorships and unchecked state violence. Continue reading “On Gun Ownership, Nothing Less Than Repeal of the 2nd Amendment Will Do”
I’d previously written off the Asher’s case as exactly analagous to the case of the homophobic Bed & Breakfast owners. But Peter Tatchell’s article has persuaded me otherwise.
Remember the controversy about the ‘gay cake’? Last year, a bakery in Belfast refused to make a cake with a pro-gay marriage slogan. A court ruled that the bakers had discriminated against a customer on the basis of his sexual orientation, contrary to equality legislation. The customer, Gareth Lee, was awared £500 in compensation.
The case will be considered in the Appeal Court this week. Ahead of the hearing, the veteran gay-rights campaigner Peter Tatchell has published a surprising article defending the bakery. There’s a version on the Guardian comment pages, and a longer version sent to Peter’s mailing list.
I recommend reading the entire article, but the crux of Tatchell’s argument is this:
It is discrimination against an idea, not against a person.
The bakery refused to support and propagate the idea of same-sex marriage. Lee was not refused service because he was gay, but because of the message on the cake.
This is a subtle point but also a persuasive one. The implications loom large. Tatchell asks:
Should a Muslim printer be obliged to publish cartoons of Mohammed or a Jewish one the words of a Holocaust denier? Will gay bakers have to accept orders for cakes with homophobic slurs? … If the current Ashers verdict stands it could, for example, encourage far right extremists to demand that bakeries and other service providers facilitate the promotion of anti-immigrant and anti-Muslim opinions. It would leave businesses unable to refuse to decorate cakes, print posters and emblazon mugs with bigoted messages.
Freedom of expression and freedom of conscience surely means the freedom not to engage in the commerce of distributing ideas that you oppose.
I’d previously written off the Asher’s case as exactly analagous to the case of the Bed & Breakfast owners who refused service to a gay couple—This blog has previously discussed the issues raised by such cases. However, Peter Tatchell’s article has persuaded me otherwise.
The Medium of Icing
Who would have thought that patrsies are political! Almost 10 years ago, this blog also discussed the Medium of Icing.
Defending the law, the Chinese government pointed to legislation proposed in Western nations.
Whenever I moan about the British Government interfering with and weakening our human rights protections, one thing I usually note is what a terrible example it sets to other countries around the world. How can we expect other Governments to respect human rights if we do not respect them ourselves.
Here is a concrete example of this problem in action, courtesy of The Guardian.
China introduces its own ‘snooper’s charter’
Defending the law, the Chinese government pointed to legislation proposed in Western nations, such as Britain’s draft investigatory powers bill, which grants similar powers to the UK government.
There is no need to comment further at this point.