Quote:
Originally Posted by Snestorm
When an Appointed Court can over-ride the Democratic Process, Freedom is lost, and a new Dictatership has gained control.
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What about your "ordinary" constitutional court? Isn't that one appointed as well, or do you, the people elect the judges? How can you be assured that they will follow the constitutions and protect
all your human rights, independent of the political and economic situation?
While I am not claiming that the ECHR is infallible, it has proven in the past the highest respect for all human rights, even when national governments were against their respect. Slovenia has to pay its citizens damages with out court process having been determined by the ECHR to be too slow (6 months per case is the norm in order to ensure the right of a fair trial). While you may consider this to be against the "sovereignty" of the state, it is still far better than states being closed from one another as far as human rights go, with a strong possibility that they will be infringed upon if there is no external control.
The question now is, how will the ECHR respond. It takes a lot of time to get there and you have to go through the motions of the national justice system, up to the constitutional court if you wish to appeal at the ECHR. IT is quite possible that this will stop somewhere along the line, when someone will realise that this is a bigger issue than minarets.