What is in Kelvin's Head?

  • Sunday’s Sermon

    Many people were kind enough to say encouraging things on Sunday after I preached this. Sadly I’ve got some problems with the video and don’t know whether I can make that appear later.

    In the mean time, here’s the text:

    And the eyes of everyone were upon him.

    In the name of God, Creator, Saviour and Liberator. Amen.

    I have already spoken to some of you of the most powerful moment in my recent three month sabbatical. It was the moment on the US election day when I found myself in Washington DC and someone had taken me sightseeing. As the votes were being counted, I found myself standing on the very spot that Martin Luther King preached his famous “I have a Dream” sermon to the thousands who had flocked to the National Mall.

    As I stood on that spot gazing out into the night, I could imagine the crowds heading off into the distance coming to hear their champion of civil rights lay out his hopes for a better world.

    As I stood there and night drew in I could feel America holding its breath wondering whether the people there had done something most people in that former crowd would scarcely have been able to image – that America had re-elected a black president. It was a moment when I found myself unexpectedly in tears. Tears for the loss of Martin Luther King, tears of joy that though there is much still to do, aspects of his dream have become today’s reality and tears for America – a country where the idea that the blue sky just around the corner is, if not constitutional, almost a theologically defining belief.

    The next day I set out to explore the city and returned to the National Mall. As I walked up and down seeing the sights, (more…)

2 responses to “Human Rights Petition”

  1. Steven Avatar
    Steven

    Kelvin

    I strongly agree with your sentiments and intend to sign the petition. As a practising barrister I can say that the incorporation of the Convention has had a hugely beneficial effect across society – especially in creating a rights aware culture amongst the judiciary.

    I have successfully relied on the Convention to (1) ensure that the state continues to support destitute asylum seekers whilst they are appealing an asylum support decision (2) prevent the removal of a mentally unwell Brazilian amputee who is awaiting further surgery in the UK (3) ensured that those detained under immigration powers are not held in “ordinary” prisons and (4) prevented the deportation of a Turkish national for a crime committed whilst a child. The Convention naturally “benefits” those on the edges of society – whose cause might be unpopular. That does not mean, of course, that it is unworthy. Quite the opposite.

    I have of course relied upon the Convention in cases which stretch the reach of the various articles. That is how the law develops. Judges do not embrace such claims uncritically. Unfounded and weak claims are rejected as such and so the public perception of an “out of touch” judiciary is misplaced. Thank God for the Judges who – if they were to follow the whims of public opinion would “string em up”, “bring back the birch” and “throw away the key”!

    The Human Rights Act 1998 still retains parliamentary sovereignty in any event. This means that Parliament can still introduce laws that are in breach of the Convention. All that a Judge can do when faced with such legislation is declare it to be “incompatible” and that is it. This may create political pressure (especially at a European level) but it means that the “Queen in Parliament” is still sovereign.

    In addition the HRA 1998 has become entrenched as an almost constitutional statute. Repeal or significant amendment would not create less litigation. On the contrary, as the Daily Mail might put it, lawyers would have a “field day” arguing about when a particular right ceased to exist under the ECHR in the UK and the extent to which rights survived repeal or amendment. It would create a legal mess, a constitutional back-step and a political nightmare.

    In fairness though a solicitor did ask me if they could bring a case to challenge a refusal by the police to allow a man more regular smoke breaks on the basis of his Convention rights (he was being questioned for murder)…I reminded the solicitor that the drafters of the Convention had in mind the ashes of Auschwitz when drafting the Convention and advised him to, as they say in Ulster, “catch yourself on!”

    Reply
    1. kelvin Avatar
      kelvin

      Thanks Steven. It us really helpful to have your perspective and some concrete examples.

      Reply

Leave a Reply

Your email address will not be published. Required fields are marked *

Previous Posts

  • Murder at the Vicarage

    I’m not going to go into the gory details, but Tilly has gone up in my estimation considerably.

  • Sermon 5 December 2004 – Advent 2

    In the name of God, Creator, Redeemer and Liberator. AMEN In a moment or two, I am going to speak about John the Baptist ? the fiery prophet who stalks through Advent as though it belongs to him alone. Before I do that though, I want to pause and take stock ? for that is…

  • Big Sing – Friday Night in Dundee

    There is a big sing in Dundee tomorrow night in St Paul’s Cathedral, at 7.30 pm. There is at least one car going from Bridge of Allan. It is for anyone who would enjoy an evening of singing in church, not just choir people. Some of the material will be suitable for Advent and Christmas.…

  • World AIDS Day

    Remembering those whom I have known who have died, those who are living with HIV/AIDS, those who are campaigners, those who are care-workers and those who are researchers.