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ECHR and District C ourt

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  • 08-07-2012 1:52am
    #1
    charman
    Registered Users Posts: 68 ✭✭


    Can somebody stand up in front of a district court and state their rights have been breached under 2 Articles of the ECHR and what would then happen?


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    #2
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    EDIT My bad - I read it as Article 2 not 2 articles.

    I need more wine.


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    #3
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    charman wrote: »
    Can somebody stand up in front of a district court and state their rights have been breached under 2 Articles of the ECHR and what would then happen?

    In a court of Summary Jurisdiction such as the District Court, probably not much. The judge may pay 'judicial notice' but invariably if a case is being returned in the DC it's either a Civil or Criminal matter. Divide them up: Criminal, I'd say short shrift and off we go. Civil, usually trial scenario, court again, might take notice but decide the issues on a just and practical level.

    The breach of rights, egregious as it might seem to you must be weight against the greater good, most rights are not absolute.

    While the Charter plays a much stronger role since Lisbon, I think you'll find you're wasting your time.


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    #4
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    It depends on whether the person has pleaded guilty or not guilty.


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    #5
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Given the stereotypical view of DC Judges I do have an image similar to that scene in the South Park movie where Chef asks the General if he has heard of the emancipation proclamation and gets the answer "I don't listen to hip-hop".


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