You rarely hear people defending the European Court of Human Rights. It is, according to British mythology, a meddlesome beast populated by dimwit judges of dubious foreign provenance whose rulings are invariably ninnyish, ignorant and intolerable in equal measure.
I prefer to think of the court as the last protector of individual rights often threatened by hostile governments. Sometimes that hostile government is our own. The court – and really this cannot be stressed often enough – offers protection from the state. Restraining government’s worst instincts is a noble calling and if our judges cannot or will not do it then praise be that the european justices are not so feeble-minded.
As for the charge the European court is unelected and unaccountable. Well, lo, that’s rather the point of an independent judicial process. This is a strength, not a weakness.
The latest outrage [sic] is that the court in Strasbourg has suggested detaining prisoners indefinitely while denying them any means of demonstrating they may have been successfully rehabilitated and thus no longer constitute a threat to society is not quite on.
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