Subsidiarity, representation and human rights

Subsidiarity, representation and human rights

Despite the picture above, this is a short piece of comparative politics, comparing the US Constitution with that of the EU, taking in some lessons from the UK. I have just watched The Original Intent of the [US] Constitution by Prof. Mark Stoler. This taught me some things and this essay reviews these points and looks at lessons for the UK, the EU and the rest of the world.

I look at the “Separation of Powers” vs “Parliamentary Sovereignty”, note that checks and balances are designed to protect the [untitled] aristocracy against the mob, that without the Bill of Rights, the US Constitution may well not have been agreed. I note the desirability of a basic law, with the ability to amend, but not as flexibly as is the case in the UK. I look at constitutional inflexibility in the residual construction of the US Senate and the EU veto. I look at the need for federal taxation powers. I have concluded that parliaments need a freedom of action, and the freedom to negotiate between party programmes. The paradox is that they need to be constrained which is why we need human rights law.

The lecture to me reinforces the need for a subsidiarity guarantee within a constitution, including taxation powers, and a human rights guarantee, remembering that human right law is designed to protect you from the Government. Vetoes are a topic for another day, although much of the failings in the US Constitution can be placed at the door of single seat constituencies, including the Presidency, elected by simple plurality, or indirectly in the case of the Presidency. I say more overleaf ….

Human rights and the ECHR

Human rights and the ECHR

The Govt have published their response to the consultation on Human Rights Act. The responsible minister is Dominic Raab, for whom it has been a long term aim to weaken people’s access to legal remediation, well for anything actually. Raab co authored, The Assault on Liberty. In this case, the target human rights and their 1st target is the right to a private and family life, arguing that honouring this right makes deporting people harder, articulate bu Jim Carrey in ‘Liar, Liar’, I point at my article on the GMB London Region’s evidence to the consultation, I concluded that too much attention was being placed on the relationship between the various institutions and insufficient on what might occur if a sense of impunity were developed in the administrative organs of the State. The article concludes with some quotes and links to Prof. Mark Elliot’s contribution to the debate. There’s more overleaf …

What the CoFoE thinks about citizen privacy

What the CoFoE thinks about citizen privacy

The Conference on the Future of Europe, Democracy and Rule of Law panel has generated 39 recommendations to improve the EU’s Democracy and compliance with the Rule of Law. Three of these related to Privacy and one to Cybersecurity. I have drafted a response for CTOE, which I hope will become part of their response but did not form part of their first response, which is fortunate since I changed my mind slightly. The article, overleaf, covers regulations and sanctions, equality of arms, and enforcement and political will. …