Re: economics and class struggle behind legal victory

[Chris Burford <cburford@xxxxxxxxxx>]

----- Original Message -----
From: "Charles Brown" <cbrown@xxxxxxxxxxxxxxxxx>

Sent: Wednesday, December 22, 2004 1:07 PM
Subject: [PEN-L] economics and class struggle behind legal victory


> US has adopted much of UN law by treaty. By US Constitution,
> treaties have same legal status as federal statutes.
> Ergo, UN rights are U.S. law of the land.
> This is the basic legal theory.

Interesting approach.

It sounds like the web of international law is getting increasingly
interwoven.

The UK government wrote the European Convention on Human Rights into
UK law through the Human Rights Act. This allows a higher court to
rule
that an existing law or procedure is incompatible, and requires the
government to propose to Parliament a remedy.

I have probably put that in lay language that is a bit too crude, but
the legal approach has the advantage of some flexibility, but longer
term some real impact.

It was under these provisions that 8/9 UK law lords have just ruled
that the continued detention of 9 foreigners suspected of terrorism is
incompatible with the "life of the nation"!

It does not immediately release the 9 but it means the government has
little option but to respond, with legal and administrative
concessions.

It allows us to participate in a Gramscian struggle of global
dimensions, although each individual contribution may appear
petty.

Thanks for sharing.

Chris Burford