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Still think terrorism isn't a threat Lord Hoffmann?
In what must go down as one of the most foolish utterances ever made by a senior judge – and let’s face it the competition is pretty tough – Lord Hoffmann said recently: “the real threat to the life of the nation…comes not from terrorism but from laws such as these". The laws he was talking about were pathetically weak attempts by an enervated state to protect our citizenry from foreign-born racist preachers who openly call for terrorist attacks against British civilians. Earlier this year the Law Lords ruled that locking up such fanatics or sending them abroad constituted an intolerable attack on their human rights and instead they should be freed to continue their murderous business without any hindrance from the state. Well, it can’t have escaped even our Lordships’ notice that the laws they decried as a terrible danger have harmed precisely no one, while the terrorism they judged to be no threat at all has slaughtered more than 50 people on the London transport system. Is Lord Hoffmann standing by his words? Well, perhaps showing a wisdom he has yet to display in the courtroom, he is keeping his head down. But needless to say you rarely see Law Lords travelling on the bus or the tube. Unlike ordinary citizens they will never be called upon to pay the ultimate price for their feeble-minded complacency. Meanwhile, the Prime Minister seems to have finally grasped the very real threat presented by Islamist clerics who preach violent jihad to impressionable youngsters in the UK. This week Tony Blair expressed the hope that in the wake of the London atrocities our activist judges would finally see sense and end their opposition to the deportation of Islamofascist agitators. Fat chance! No sooner were the words out of his mouth when his wife, Cherie Booth QC, who has made a fortune out of the “human rights” racket, warned that terrorists’ rights must be respected and “democracy must fight with one hand tied behind its back.” If we listen to the likes of Ms Booth there is a good chance we’ll lose this war. What price democracy then? Meanwhile other countries – also signatories to the European Convention on Human Rights - have absolutely no problem kicking out violent troublemakers. Only this week France deported radical cleric Abdelhamid Aissaoui, who was preaching bloody jihad at a Lyon mosque, back to his native Algeria. He is the first on a list of 12 imams who will be kicked out over the next few weeks. Italy also takes a tough line. Last year Algerian Abdul Karim al-Tibsi and a Senegalese Abdel Qadir Fadlallah Mamour they were both on a plane out of the country within 12 hours, after Italian authorities were alerted to the content of their sermons. Alone amongst the civilised nations in the world the UK is paralysed and impotent in the face of a very real and growing threat – thanks to idiots like Lord Hoffmann and Cherie Blair.
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To date 41 Comment(s)
TrackBack-URL
(8.8.05 23:44)
Interesting you see it as a war. How many people have died? Ummmm... 60 odd. Probably about the same as was killed in a hour or so of the Blitz. How many successful attacks? 4 on 1 day. Not a real success rate. Cherie Booth was merely saying that she believed civil liberties had to be respected. Maybe providing a link or some evidence from a source would help your argument?
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Johnathan Kenny
(26.9.05 18:07)
Just a note- Lord Hoffman cycles to work every day, not to let a simple fact interfere with the not so merry tide of vitriol (although tide is something of a misnomer- Carmicheal displays the intellectual depth of a puddle)
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(27.9.05 13:21)
Perhaps, but at least I pay the judge the courtesy of spelling his name correctly - it is Hoffmann, not Hoffman. You also manage to misspell my name too. So that's just the two glaring errors in a single paragraph. Impressive! I bow before your obvious intellectual superiority.
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Boris Knezevic
(14.5.06 19:38)
Obviously you missed the point entirely. You might want to actually read Hoffmann's judgment before commenting on it, as you obviously have not, or have totally failed to comprehend what he is saying. Yes, he does stand by his word, and nothing that has happened since has proven him wrong, certainly not the July bombings - quite to the contrary. The point that he made in his judgment was that the UK can only derogate from Art 5 of the Convention when there is a threat to the "life of the nation" - but that the meaning of this phrase is metaphorical. As he puts it, "I do not underestimate the ability of fanatical groups of terrorists to kill and destroy, but they do not threaten the life of the nation...Terrorist violence, serious as it is, does not threaten our institutions of government or our existence as a civil community" In other words, it is not about the possibility of people getting killed, in which case the government could derogate from fundamental rights at any time they wished by claiming to have "information" about terrorist threats. For a derogation to be legitimate under the ECHR there has to be a threat to the "life of the nation" - to the very existence of a civil community. This, Lord Hoffman holds, was the case in WWII - for there was a serious possibility that Nazi Germany would invade this country and take over its institutions. It is not the case with Al Qaeda; except to the extent to which - as he rightly points out - their actions have prompted the government to usurp the ancient institutions and principles of law in this country of their own accord. It is only in getting government to pass such legislation that they have managed to pose a threat to the "life of the nation".
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Boris Knezevic
(14.5.06 19:42)
Another thing that you have completely missed is that the July bombers were all British born - so the law that Hoffmann and the House of Lords were ruling against would have done nothing to them, and that was precisely the point. Moreover, in light of the fact, I don't see the point in your comment about activist judges and the deportation of islamofascists... You're seriously lacking in both your grasp of facts and logic, my friend.
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(15.5.06 13:59)
Boris, you take more than nine months to reply to this post and then you still manage to spell Lord Hoffmann’s name incorrectly at least once. I can only conclude from this that you must be a lawyer. Your comments merely illustrate the folly of allowing laws enacted by a democratically accountable parliament to be superseded by a lofty and vague set of principles that can be interpreted in a variety of ways by activist judges with no democratic credentials. What exactly does Lord Hoffmann (note the double n) mean by a threat to the “life of the nation”? Twenty per cent of British Muslims sympathised with the motives of the 7/7 bombers and the security services are convinced they will not be able to stop all future atrocities. Meanwhile, we seem unable to deport foreign-born individuals who everyone accepts are extremely dangerous. Sounds pretty threatening to the “life of the nation” to me. But it is typical of the complacent, pre-9/11 world view that people like Lord Hoffmann (that’s with a double n by the way) deem terrorism to be ‘no threat’. That’s his view, but he shouldn’t be able to impose it on us without our say so. If Lord Hoffmann (two n’s just in case you hadn’t noticed) wanted to form a Terrorism-Is-No-Threat party and stand for election, he is, of course, entitled to do so. But until then he should stop trying to make laws from the judge’s bench. It is not the government which is attempting “to usurp the ancient institutions and principles of law in this country” (which of course include the sovereignty of a democratically elected parliament), but the judiciary.
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Rob
(28.2.09 23:28)
I don't know if this comment is too late to be responded to and I'll do my best to spell Hoffmann correctly in case failure to do so renders my argument unintelligible.
The principles of the European Convention on Human Rights are not "vague" and nor are they "lofty". Furthermore, they were put in place by a perfectly democratic method - your beloved democratic credentials are undeniably present. Parliament both voted to approve the body which produced the convention and adopted into UK law by means of a statute.
On top of this, the principles followed by Lord Hoffmann date back to Magna Carta and have proved a very effective way of ensuring that the neccesary checks and balances to prevent abuse of power are in place.
I could write more but that'll do for now...
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