Skip to main content
Access to justice for Scottish citizens

Access to justice for Scottish citizens

105 signatures 145 to reach 250
S
Someone signed
K
Keithsaura signed
F
FrankDiurl signed
M
Marvin S. signed
J
Joyce N. signed
C
clare J. signed
K
kirstin p. signed
D
Debbie J. signed
G
Gareth H. signed
J
John M. signed
Started by Anonymous 15 years, 1 month ago

We, the petitioners, believe that the European Convention on Human Rights protects the fundamental rights of Scotland's citizens. The UK Supreme Court is our swift, effective and authoritative court of appeal on Scottish human rights issues.

We consider it regrettable that the Scottish Government has chosen to personally attack Scottish judges on the Supreme Court whilst they discharge their judicial function with distinction. Not only is it deplorable that Scotland's Justice Minister has chosen to threaten the Supreme Court with the withdrawal of Scottish funding, but it is unconstitutional. Kenny MacAskill's position must now be untenable. What must international observers think when they see a Scottish Government Minister threatening an impartial court of law in such a boorish manner?

No system of law can afford to remain isolated. Indeed, Scots Law developed historically, in no small part, thanks to the exchange of ideas and procedures with England, Italy, the Netherlands and France. We believe that the Scottish Government's notion that the Supreme Court might well get it right, but should not be allowed to get it right, is dangerous. The administration of justice must be based around high-level principles, for the good of the people.

In our opinion, the UK Supreme Court has done its job and applied the jurisprudence of the European Court of Human Rights (ECHR) and Scotland's legal system has been found wanting. The ECHR in Strasbourg would have done no different, albeit it would have taken considerably longer to do so given its huge backlog of cases. Victims, appellants and litigants cannot be best served by adding to such a backlog. None of this presents a good reason to attack judges who are upholding the rule of law.

The Scottish Government should be concerned with why the Cadder judgment was necessary in the first place . Other European states acted to change their legal systems in light of the Salduz case, but not Scotland. Why not? Blame for the systemic failings in our legal system, or errors of judgment, should be apportioned with those who are responsible, whether Scottish Government civil servants, Scottish law officers or members of the Scottish Government.

We call upon the Scottish Government to desist in its unprecedented personal attack on Scottish judges and the UK Supreme Court. The failure to do so can only shame Scotland internationally, undermine the rule of law, and threaten access to justice for Scots.

(signed) Brian Fitzpatrick Advocate, John McGovern Solicitor-Advocate, Mike Dailly Solicitor, Patrick McGuire Solicitor-Advocate, Marie MacDonald, Solicitor

Updates

July 2, 2011

I honestly did not think this would gain this much steam but here we are and it is just wild to see people actually paying attention to the way this government is handling our courts. It feels like the tide is finally turning because people are tired of the posturing and just want a fair system that actually respects the rule of law instead of throwing tantrums.

Reached 100 supporters

July 2, 2011

7 Comments

A
Alistair Lloyd
15 years ago Featured

THREATENING THE JUDICIARY IS NOT DEMOCRATIC. DO YOUR JOB AND STOP THE ATTACKS.

G
Gordon Webster
15 years ago Featured

Justice should never be about the whims of a minister. We need an independent court system that answers to the law not the govt.

D
David Carter
15 years ago Featured

Why are they so afraid of the truth? A fair trial is a basic right for everyone living here.

F
Fiona Walker
15 years ago Featured

I trust the judges far more than I trust any politician in Holyrood right now. Sick of this nonsense.

E
Elaine Rhodes
15 years ago Featured

MacAskill has lost the plot. Total disgrace.

H
Hamish Fuentes
15 years ago Featured

The way they are acting is just plain embarrassing for Scotland. Keep the courts out of politics for goodness sake.

M
Marvin Stone
12 years ago

We all have to trust someone. From experience, I trust the Judges.

Help this petition grow

Share it with friends to help reach 250 signatures.

Sign Petition

We never post to your account. Social sign-in is used only to verify your signature.

or sign with Email

Add a comment?

Your signature will be added via . Tell others why you're signing — it's optional.

By signing, you accept iPetitions Terms of Service and Privacy Policy.

Share Petition

Don't stop at signing, share the petition link with friends to multiply our impact

Copy link or share directly

Instagram
QR Code