Fred's Stuffed
As Daniel Hannan points out in his Telegraph blog: Harriet Harman wants a Bill of Attainder against Sir Fred Goodwin
A bill of attainder is an Act of Parliament for punishing a person without trial in the usual form.
Thus by a legislative act a person is put in the same position as if he had been convicted after a regular trial in a court of law.
And there is no appeal on human rights grounds
Section 6 of the Human Rights Act states It is unlawful for a public authority to act in a way which is incompatible with a Convention right.
BUT does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament.
So, citing Article 6 and Article 1 of the first protocol of the convention will not apply
"Pandora's box!"
Update:
This could be Fred's get out clause
Section 11 of the Human Rights Act 1998. states: A person's reliance on a Convention right does not restrict-any other right or freedom conferred on him by or under any law having effect in any part of the United Kingdom;
The saving grace. The Bill of Rights 1689
An Act of Attainder requires Royal Assent.
A Bill of Attainder is a pretended power of dispensing with laws or the execution of laws and the forfeiture of a legally granted pension is cruel and unusual punishment.
Perhaps Harriet Harman, being a QC, should read up on the case of Ashford v. Thornton which stood the principle that all law remains until it is repealed.
As Holt, CJ, said in Ashby v. White : "If the plaintiff has a right, he must of necessity have a means to vindicate and maintain it and a remedy if he is injured in the exercise or enjoyment of it; and indeed it is a vain thing to imagine a right without a remedy, for want of right and want of remedy are reciprocal."
A bill of attainder is an Act of Parliament for punishing a person without trial in the usual form.
Thus by a legislative act a person is put in the same position as if he had been convicted after a regular trial in a court of law.
And there is no appeal on human rights grounds
Section 6 of the Human Rights Act states It is unlawful for a public authority to act in a way which is incompatible with a Convention right.
BUT does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament.
So, citing Article 6 and Article 1 of the first protocol of the convention will not apply
"Pandora's box!"
Update:
This could be Fred's get out clause
Section 11 of the Human Rights Act 1998. states: A person's reliance on a Convention right does not restrict-any other right or freedom conferred on him by or under any law having effect in any part of the United Kingdom;
The saving grace. The Bill of Rights 1689
An Act of Attainder requires Royal Assent.
A Bill of Attainder is a pretended power of dispensing with laws or the execution of laws and the forfeiture of a legally granted pension is cruel and unusual punishment.
Perhaps Harriet Harman, being a QC, should read up on the case of Ashford v. Thornton which stood the principle that all law remains until it is repealed.
As Holt, CJ, said in Ashby v. White : "If the plaintiff has a right, he must of necessity have a means to vindicate and maintain it and a remedy if he is injured in the exercise or enjoyment of it; and indeed it is a vain thing to imagine a right without a remedy, for want of right and want of remedy are reciprocal."
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