This judge here: he’s doing absolutely nothing at all other than applying the law correctly.
The country’s most senior immigration judge has openly defied the Home Secretary by insisting that Parliament’s attempt to get tough on human rights abuses by foreign criminals is outweighed by the European Court.
This is simply true. EU law outweighs UK law. There is no way around this simple fact.
Dominic Raab, the Tory MP who has campaigned for tougher rules, said: “This chronic judicial legislation has undermined public protection and usurped the democratic will of Parliament.
“We now have around 200 Article Eight cases a year, so it is vital and urgent that Parliament amends the law to mandate deportation and brush aside these spurious challenges to the rule of law.”
Raab is simply being an ignorant fool here. The judge is applying the rule of law. Whether it’s the ECJ (the EU) or the ECHR (Council of Europe) their judgements over ride statutory English law. And the reason they do is because Parliament has decided, in its wisdom, that they do.
And if you want to be in the EU then you must be in the Council of Europe and thus subject to the ECHR.
Thus there is only one possible solution if you wish to write immigration law in the manner that May or Raab seem to want. You must leave the EU. There just isn’t any other way to do it.
My personal opinion is that these 200 Article Eight cases a year are a triviality and not worth the effort. Despite my thinking that we should leave the EU (indeed, that the EU should not exist at all) for any number of other reasons.
but leaving aside such opinions about immigration, deportation and so on. What is it about the fuckwits at Westminster that makes them entirely ignore the basics of this situation? You don’t have the power to impose such laws because you’ve already signed away the right to make such laws to the EU and ECHR. That’s what the fucking treaties mean you morons!