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Okay, but none of that can have any bearing on the interpretation of the 2003 legislation, since as you say, it was a treaty ratified by the executive after Par
by cormacrelf 6y ago
Okay, but none of that can have any bearing on the interpretation of the 2003 legislation, since as you say, it was a treaty ratified by the executive after Parliament had already expressed their intention.
If your point is that there is in fact an express importation of the various treaties’ terms into UK law, you need to point to the words in an Act of Parliament that say that. If your point is that the threshold requirement in the first section of Part 2 of the Act that a treaty relation exist actually constitutes an importation of treaty terms, or that an express importation is not actually required for this kind of thing, then go ahead and argue that based on UK statutory interpretation law. The defence didn’t manage it, but I look forward to seeing their attempt in any appeal proceedings. It’s not really obvious how “Extradition to the US is enabled by this treaty” is an argument for either; you’re only really saying it meets the threshold requirement, which was a given. You have to argue based on the words in the Act and UK law first, and your instinct about what treaties should mean second.
Edit: While you’re at it, you’ll have to rebut quite a lot of points about the intention of Parliament in EA2003, when it deliberately omitted the previous domestic implementation of treaties that refer to political offences. Read the judgment 41-63 over and over to see what you’re up against.
- DiogenesKynikos 6y agoI'm not an expert and not in a position to fully judge the legal argument, but I am aware that this is a contentious issue, and it appears to me from Assange's lawyers' arguments that it's not so open and shut. But given the judge's really absurd rulings on other issues (such as whether Assange is a journalist or whether or not he'll face a fair trial), I'm not inclined to automatically believe her interpretation is correct here. If she is correct, though, then the UK has not implemented the treaty, and more importantly, journalists in the UK are in serious danger if they report on foreign governments.