Tag Archives: Supreme

Supreme Court got it wrong, say voters: Shamima Begum SHOULD come to the UK [POLL RESULT]

Justice: before anyone comments, I know that UK courts don’t use the gavel. This is for illustrative purposes – although it sesems people believe the courts now exist to give ordinary people a hammering.

Voters in a Vox Political poll have overwhelmingly condemned a Supreme Court decision to deny Shamima Begum entry to the UK to defend her citizenship, quoting national security concerns.

At the time of writing, 64 per cent of voters (583 votes) said the Supreme Court has not treated Ms Begum fairly. Just 36 per cent (329 votes) supported the decision.

The issue has provoked huge debate on the social media, with more than 440 comments on This Site’s Facebook page alone.

Many commenters on Facebook have suggested that, as she was 15 when she left the UK to join the so-called IS caliphate, Ms Begum was not old enough to be considered responsible (although others have pointed out that environmental campaigner Greta Thunberg was the same age when she started campaigning publicly, and nobody says the same about her).

Many commenters have suggested that Ms Begum was “groomed” by adult male supporters of IS – manipulated into travelling to the Middle East to become a child bride and bear children for a terrorist – and that this should be discussed in court, in order to root out any terrorist supporters who remain here in the UK.

Others have stated that the authorities let her down by allowing her to leave the UK unaccompanied by an adult.

It had been argued that Ms Begum’s right to a fair hearing, in her bid to have her revoked UK citizenship restored, would be harmed if she was forced to conduct her case from the north Syria camp where she is currently living.

But the Supreme Court said this right does not overrule the government’s obligation to national security. Its judges accepted that she is a threat to national security and that she should not be allowed back into the UK.

The result of the Vox Political vote – which is admittedly unscientific – suggests a groundswell of distrust in the courts by the people of the UK.

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POLL: is the Supreme Court right to refuse Shamima Begum’s bid to return to the UK for trial?

Shamima Begum: she won’t be allowed to return to the UK and fight for her citizenship.

The Supreme Court has ruled that Shamima Begum should not be allowed to return to the UK to fight for her citizenship to be restored.

Its members unanimously overruled a decision by the Court of Appeal that said she would not be able to make an effective appeal from the camp in northern Syria where she is currently living.

The Home Office had appealed against the decision on the grounds that allowing her to return would create “significant national security risks”.

The Supreme Court agreed:

Lord Reed said: “The Supreme Court unanimously allows all of the home secretary’s appeals and dismisses Ms Begum’s cross-appeal.”

He said the Court of Appeal’s judgment “did not give the home secretary’s assessment the respect which it should have received” given the role’s “responsibility for making such assessments” and accountability to parliament.

Lord Reed added the Court of Appeal had “mistakenly believed that, when an individual’s right to have a fair hearing… came into conflict with the requirements of national security, her right to a fair hearing must prevail.”

He said the right to a fair hearing did “not trump all other considerations, such as the safety of the public”.

Ms Begum has proved extremely divisive among some members of the UK community.

She was enticed abroad to join Islamic State, aged just 15, and married a Dutch IS fighter – with whom she had three children. They have all died.

After IS largely collapsed, she found herself in a refugee camp and appealed for the UK’s government to return her to this country, so she could rely on the National Health Service to care for her and her last child, before that child died.

But then-Home Secretary Sajid Javid instead stripped her of her UK citizenship, citing the by-then-20-year-old’s still-apparent enthusiasm for the bloodthirsty regime she fled the country to join.

Some said she had been groomed and did not know what she was doing; some said she knew exactly what she was about.

The Special Immigration Appeals Commission (SIAC), a semi-secret court that hears national security cases, ruled that Mr Javid was right and Ms Begum could appeal for citizenship to Bangladesh, to which she may have a claim to nationality through her mother.

The Court of Appeal overruled that judgement and now the Supreme Court has reversed that decision.

Some are now saying that Ms Begum is now in legal limbo. She isn’t – she can still make her appeal from Syria, using lawyers in the UK.

But is that a reasonable course of action? Let’s have a poll:

Source: Shamima Begum cannot return to UK, Supreme Court rules – BBC News

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Michael Howard launches Tory assault on the rule of law

Dictator Boris Johnson: He’s already making the hand signals. Next he’ll be designing his own uniform.

A failed former Conservative leader has launched his party’s attack on the rule of law by claiming that judges are corrupt.

Michael Howard said judges sometimes “distort” the law they are interpreting “to reach the result they want to achieve”.

Interviewed by BBC Radio 4’s Today programme, he said: “I think that judges have increasingly substituted their own view of what is right for the view of Parliament and of ministers.”

There is no objective basis for his comments.

I mean, what is he implying? That all the judges in the Supreme Court are Labour supporters? How ridiculous!

The Conservative government wants to end the rule of law in the UK because Boris Johnson was upset by a court decision that his attempt to prorogue Parliament earlier this year was illegal.

The Supreme Court was absolutely right in its decision, which was based on the law of the United Kingdom, and on evidence about Mr Johnson’s attempted prorogation.

But Mr Johnson believes that his Conservative government should be able to do whatever it likes – including breaking the law.

So he needs to undermine the legal framework that protects us all from the dictatorship – because that’s what it is – that he intends to impose.

And that is the reason Lord Howard has attacked the judges of the Supreme Court.

It seems likely that the Johnson government will try to change the way judges are appointed, making them subject to political patronage.

This would be an enormous act of hypocrisy, as Lord Howard’s argument is that judges are already too political.

But Boris Johnson won’t care. With a massive Parliamentary majority, nobody can stop him.

He can do whatever he fancies.

He just wants to make sure enough voters are persuaded by paper-thin arguments like those of Lord Howard.

And he won’t have any trouble with it, will he?

After all, he went into the general election on a similarly flimsy claim – and look how many voters were duped into supporting that!

Source: Michael Howard: Judges sometimes ‘distort’ the law to reach result they want – BBC News

Have YOU donated to my crowdfunding appeal, raising funds to fight false libel claims by TV celebrities who should know better? These court cases cost a lot of money so every penny will help ensure that wealth doesn’t beat justice.

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Why the Supreme Court must support Scottish judges against the end of democracy

Consider this:

If the executive can suspend parliament whenever it likes, for purely political reasons (it doesn’t like what parliament is doing), then the executive have the power to end our parliamentary democracy.
First it is for a few weeks, and then it is for a few years.
It is simply nonsense to say that this is a political matter, because politics has been shut down.
Parliament cannot even vote no confidence in the Executive because parliament has been suspended.
The argument that the law should not get involved in political matters does not wash on this occasion.

That’s the view of Oxford Emeritus Professor Simon Wren-Lewis, who wants to see the Supreme Court support the Scottish court in ruling Boris Johnson’s prorogation of Parliament unlawful.

He believes Boris Johnson has shut down parliament for his own political reasons, and the only institution that can stop it – and stop a Prime Minister doing it in the future – is the UK’s legal system.

He says it is clear that Parliament was shut down for political reasons because shutting down parliament for five weeks is not necessary before a Queen’s Speech.

And the excuse that Parliament normally suspends itself for the party conference season isn’t good because Parliament was thinking of not doing so because of the gravity of the current situation, and also it was suspended well before that season.

It’s a clear argument that makes mincemeat out of Dictator Johnson’s claims. But will the Supreme Court accept it?

Source: mainly macro: Why the Supreme Court must protect our constitution

Have YOU donated to my crowdfunding appeal, raising funds to fight false libel claims by TV celebrities who should know better? These court cases cost a lot of money so every penny will help ensure that wealth doesn’t beat justice.

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The Livingstone Presumption is now available
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Health Warning: Government! is now available
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The first collection, Strong Words and Hard Times,
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