A matter of law
Jan. 20th, 2011 02:23 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png)
I'm somewhat confused by the fuss over the votes for prisoners stuff that's currently in the newspapers.
The government has to do _something_, as it's been found to be in the wrong by the Europan Court of Human Rights. However, it seems unsure what, exactly, it has to do to be in the right. I know that human rights legislation is going to have some grey areas, but is there a reason why the ECHR wouldn't say "You are doing X, which is wrong, in order to be compliant you must do Y."?
The government has to do _something_, as it's been found to be in the wrong by the Europan Court of Human Rights. However, it seems unsure what, exactly, it has to do to be in the right. I know that human rights legislation is going to have some grey areas, but is there a reason why the ECHR wouldn't say "You are doing X, which is wrong, in order to be compliant you must do Y."?
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Date: 2011-01-20 02:35 pm (UTC)Separation of powers is inconvenient that way, yes.
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Date: 2011-01-20 02:39 pm (UTC)no subject
Date: 2011-01-20 02:58 pm (UTC)no subject
Date: 2011-01-20 03:12 pm (UTC)no subject
Date: 2011-01-20 03:17 pm (UTC)Sounds like something that really ought to be hashed out as part of an international agreement, rather than individual countries randomly trying stuff out until the court agrees it.
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Date: 2011-01-20 02:40 pm (UTC)That said, there are so many people in prison in America that if they could vote it would be a huge voting block (large enough to turn a presidential election) and it would be fun to see politicians campaigning for those votes.
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Date: 2011-01-20 03:06 pm (UTC)no subject
Date: 2011-01-20 03:12 pm (UTC)It was so weird growing up. In my parent's affluent neighborhood you never asked anyone who they voted for, because many, many of them couldn't vote.
The ones that talked about it would claim it was anti Italian racism and that they just had "one little scrape when I was just a kid" - meanwhile they supposedly "work" at an auto detailing place and yet somehow have a half million dollar home.
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Date: 2011-01-20 03:53 pm (UTC)no subject
Date: 2011-01-20 03:59 pm (UTC)Which would fit your comment quite nicely :->
Edit: Don't ask me to find the study. I'm operating from memory here, so take with a pinch of salt.
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Date: 2011-01-20 10:54 pm (UTC)no subject
Date: 2011-01-20 11:13 pm (UTC)no subject
Date: 2011-01-22 05:05 pm (UTC)no subject
Date: 2011-01-20 04:27 pm (UTC)no subject
Date: 2011-01-20 10:12 pm (UTC)I Am Not A Lawyer, and may not even be commenting on the right thing.
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Date: 2011-01-21 12:15 pm (UTC)It's all very murky.
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Date: 2011-01-20 10:53 pm (UTC)The expectation seemed to be that if they did less then 4 years as the rule then they'd have to demonstrate that they carefully came to that conclusion, but the way it is playing out is making it clear that they won't have done a careful analysis and so it's very likely they will lose the certain future court cases (which is why they talk of having to pay out millions in settlements in the future).