Parliament will override European judges on human rights, announces Dominic Raab
Mr Raab told a committee of peers and MPs this week that he was exploring a mechanism that would allow parliament to “correct” case law it dislikes “in a specific or special way”.
“This means that examples like the right to vote for prisoners are going to be more common,” said a source.
Other Strasbourg judgments in recent years have included a case in which the court ruled that the government’s “room tax” discriminates against victims of domestic violence.
The consultation document is also expected to tell UK courts that they no longer have to comply with Strasbourg case law. “They should give primacy to UK case law, first and foremost,” a source said.
This would include stopping the ‘drift’ towards European-style privacy laws following the court ruling in favor of the Duchess of Sussex in her battle with the Mail on Sunday over the leak of his private correspondence.
“I think the drift towards continental style privacy laws innovated in the courtroom, and not by legislators elected in the House of Commons, is something we can and must fix,” Mr. Raab said.
The third part will stress that UK lawmakers are not required to comply with Strasbourg case law until it is rejected by the European Court of Human Rights.
I am ‘pro-judge’, says Raab
Mr Raab is also expected to propose tightening up the interpretation of Article 8, which protects the right to a family life, in order to prevent its misuse by foreign criminals and failed asylum seekers to fight their deportation from Canada. UK. It is said to represent two thirds of calls received.
He cited the case of a drug trafficker convicted of beating his ex-girlfriend, a man who failed to pay his daughter’s child support, then successfully claimed the right to family life to avoid the ‘expulsion.
However, the Minister of Justice would resist pressure from Home Minister Priti Patel to further define Article 3 rights under which people say they are exposed to torture, inhuman or degrading treatment. ‘they are deported to their country of origin.
Mr Raab should also commit to strengthening freedom of expression, which he says has been eroded by political correctness and by campaigning, and maintain that he is “pro-judge”, ensuring a clear separation of powers. between the executive, the legislature and the judiciary.