Sat May 23, 2020 9:53 am #1771593
eltonioni wrote:The Law should be tested as often as reasonably possible to make sure that it's fit for purpose. This application has the sniff of unintended consequences being opened up that the applicant might come to regret. There's no public mood for exceptions for groups who think they are a bit special.
Unfortunately, whilst I agree with your sentiment, and without referencing this particular case, recent history of judicial decisions in which (what most people would regard as) common sense was pitted against claims brought under the Human Rights Act, the final judgements were invariably in support of the claimant. The suffocating embrace of the HRA is to blame for much of today's public disquiet with our legal system, and for that much of the blame must lie with a judiciary which has been eager to push the boundaries of what the original text was intended to protect. (IMHO).
Nothing is more corrosive to a fair functioning judicial system than activist judges.
Others may disagree.
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