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Posted by Dave on

The right to national self-determination

The right to national self-determination

While doing some thinking as part of my work on AEIP, I wondered where the “right of national self-determination” came from. It is not defined in the UN Charter, the UNDHR or the European Convention although on thinking about it, these were all written by Nation States and so they would not be keen to concede such rights. It may also be partly caused by the liberal antipathy to social rights, such as the right to freedom from poverty. For more see below/overleaf. …

Posted by Dave on

Legal Aid

Legal Aid

We need to do something about Legal Aid. The ECHR Article 6 guarantees funding for a defence in a trial; it seems the sea-lawyers in the MoJ feel that de-funding Judicial Reviews and civil cases is OK then. While benefit disputes and immigration are key areas, everyone should have the right to go to the Supreme Court. Here are my notes …

Posted by Dave on

Fair Trial and Labour’s ‘fast track’

Fair Trial and Labour’s ‘fast track’

A note on Labour’s ‘fast track’ disciplinary process and Article 6 of the European Convention on Human Rights. Labour’s disciplinary determination process for complaints that allege prejudice or harassment were changed at Conference 2019. The investigation is conducted by staff, who then present a charge and proposed sanction to a panel/sub committee of the NEC Disputes committee who then make a judgement and impose a penalty (or not). This decision is subject to appeal to the NCC on specific criteria, …

Posted by Dave on

ECHR Article 11, Freedom of Association

ECHR Article 11, Freedom of Association

I am brought to consider Article 11, of the ECHR and “Freedom of Association”. The second thing totalitarian parties do is register, regulate and then ban opposition political parties. And so I am concerned about the over-regulation of political parties. Here as ever are my notes.

Posted by Dave on

Magna Carta

Magna Carta

As part of my English revolution reading, prompted by Arden’s Left Handed Liberty, I took a look at Magna Carta itself, what did it codify/concede? How relevant is it today? Here are my notes. …

Posted by Dave on

Constitutionalism beyond Liberalism

Constitutionalism beyond Liberalism

I was challenged by Michael Wilkinson of the LSE on my interpretation of he importance of the Cherry/Miller ruling on the legality of the 2019 prorogue. Suggested or discovered reading, included a review of  a book he co-edited. My notes have lain around on my hard disk and I decided to tidy them up. Here are my notes and thoughts. From the reviews, I’d say the title is provocative but it might have a jargon meaning about which I am unclear. …

Posted by Dave on

Venezuela

Venezuela

from venezuelaanalysis.com

On Venezuela, where the US would seem to be trying to engineer another regime change in support of their oil industry, here are my notes and my diigo bookmarks . I consider sanctions, human rights and democracy …

Posted by Dave on

Privacy & Human Rights at the UN

Privacy & Human Rights at the UN

In 2013, AFAIK, the United Nations General Assembly, passed the UN Human Rights Commission proposal, The right to privacy in the digital age, the results of this led to the establishment of a Special Rapporteur on Privacy reporting to the OHRC. The SRoP reports once/year to the Human Rights Committee and once each year to the General Assembly which receives the report at its 3rd committee plenary (I think).  I can’t find the reports, there ought to have been one in 2016, here is what I have found …

Posted by Dave on

Dictatorship and Plebiscites

Dictatorship and Plebiscites

For people casual acquainted with political theory, we know that dictators quite like plebiscites in a way that they dislike parliaments. We can see in the UK, the way in which some of the Brexiteers, but not their leadership, are frightened of both parliament’s consideration of interpreting the referendum result and/or running a second one.