Douglas Carswell's Blog

Is quitting the Strasbourg court now on the agenda?

Never one to do obsequiousness, I was absolutely delighted with David Cameron's answer to a question at PMQs today.

Asked about the latest Human Rights story, he seemed to suggest that he is at last willing to take on the judicial supremacists - both in Strasbourg and on the other side of Parliament Square.

The Prime Minister indicated that he would be setting up a commission to look at establishing a British Bill of Rights.   

We don't yet know who will be on the commission, nor what its terms of reference will be.  Nor do we know if a distinctly British Bill of Rights would replace the ECHR (good), or exist alongside it (bad).  Perhaps most important, short of democratising how we appoint judges, we don't yet know how giving the Supreme - as opposed to Strasbourg - court the final say will deal with the problem of judicial activism.  Small print - rather than political impressions - will be the key.  

What is clear is that these questions can no longer be ignored.  To govern effectively in Britain necessarily means being prepared to take on European power.

For too long unelected judges have gone beyond interpreting what the law says.  Instead, adjudicating on the basis of the ECHR and other vague texts, they have taken to deciding what the law and public policy should be.

On January 4th 1649, the House of Commons decided that ultimate authority came from the people - and being elected by the people - the Commons, not the Lords, nor any court, should have the ultimate say over how we are governed.  361 years later, the Commons seems to be rediscovering its purpose ....

Is there just the faintest hint of spring in the air? 

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