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Marstons/TV licence again...

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  • #31
    Re: Marstons/TV licence again...

    Originally posted by bluebottle View Post
    I am not going to waste my energy even trying to explain things to you because, clearly, you do not want to listen and, clearly, do not understand the issues. So what is the point of answering your questions?
    LOL on the contrary I think BB the reason you do not want to try and explain, is because you know I do understand the way the law works.

    As you were

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    • #32
      Re: Marstons/TV licence again...

      Some interesting reading on section 6 HR here for anyone who is interested

      http://www.coe.int/t/dghl/standardse...20absentia.pdf

      Comment


      • #33
        Re: Marstons/TV licence again...

        Settle down bickering doesn't help OP, now if a Statute is indeed found to be incompatible with human rights, or there is a chance it may do, as in Bedroom Tax, the challenge can be made, and yes it can be struck down. IDS is cacking it on some of his reforms even now in case it is challenged and found wanting.

        So nothing to see here move along

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        • #34
          Re: Marstons/TV licence again...

          Originally posted by bizzybob View Post
          Settle down bickering doesn't help OP, now if a Statute is indeed found to be incompatible with human rights, or there is a chance it may do, as in Bedroom Tax, the challenge can be made, and yes it can be struck down. IDS is cacking it on some of his reforms even now in case it is challenged and found wanting.

          So nothing to see here move along
          Just asking for authority, it seems to me pointless to ,mention it if it has never happened and is not likely to.

          As a matter of fact a statement of comparability has to be made before an act passes through parliament.

          Equally pointless to advise people to try and use it rather than the existing legislation I would have thought, and equally useless to the OP.

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          • #35
            Re: Marstons/TV licence again...

            In addition although FMOTL like mentioning HR law at the drop of a hat , no magistrates court judge is going to issue a decision which contravenes statute on the grounds that it contravene HR legislation, they may state that the way legislation interpreted does or does not conform with it but that is different. thing altogether

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            • #36
              Re: Marstons/TV licence again...

              Originally posted by bizzybob View Post
              Settle down bickering doesn't help OP, now if a Statute is indeed found to be incompatible with human rights, or there is a chance it may do, as in Bedroom Tax, the challenge can be made, and yes it can be struck down. IDS is cacking it on some of his reforms even now in case it is challenged and found wanting.

              So nothing to see here move along
              Interesting comment also, I take it you man the welfare reforms of Ian Duncan Smith, have thee been enshrined in statute also, passed through both houses gone under the had of our monarch and achieved the necessary certification of compatibility to EHR, then found to be wanting and have to be revoked, again I know I do not get out a lot these days but I cannot believe i missed all this.

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              • #37
                Re: Marstons/TV licence again...

                I find it really interesting to see the different arguments with a view to getting to the truth of the matter. I don't see how it's not useful to the OP, as life-changing decisions are helped by information disseminated here.

                As long as it's courteous and considered, argument is surely healthy and one of the huge attractions of an open self-help forum?:tinysmile_kiss_t4:

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                • #38
                  Re: Marstons/TV licence again...

                  Originally posted by MissFM View Post
                  I find it really interesting to see the different arguments with a view to getting to the truth of the matter. I don't see how it's not useful to the OP, as life-changing decisions are helped by information disseminated here.

                  As long as it's courteous and considered, argument is surely healthy and one of the huge attractions of an open self-help forum?:tinysmile_kiss_t4:
                  Quite right, and really you should not make authoritative statements if you cannot support them with logical authority I would have thought, of course we all make mistakes and this is how we learn.

                  Comment


                  • #39
                    Re: Marstons/TV licence again...

                    Originally posted by andy58 View Post
                    Quite right, and really you should not make authoritative statements if you cannot support them with logical authority I would have thought, of course we all make mistakes and this is how we learn.
                    I can identify with that, Andy! :rolleyes2:

                    It's a very different feeling for those of us who came here in desperation for help to that of those who are giving help - we (the former) grasp at straws - so it's tremendously important that those straws will hold...hence the value of seeing all sides so as to make an informed decision...x

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                    • #40
                      Re: Marstons/TV licence again...

                      One thing I've noticed, particularly in this area of the site, is the enormity of the statements being made. The very fact that we're talking about a TV Licence and Human Rights in the same sentence is almost risible, as Jonathan Miller found out in 2003. If all the MP's, Councillors, Administrators, Officials, Ministers and other people mentioned regularly on this forum were sacked, hung drawn and quartered, tarred and feathered, or otherwise tortured in a 'fitting' way, there would be chaos.

                      There again, if they all retrained to be barristers and judges (agreeably a little tricky after being hung drawn and quartered), then there might just be enough of those to hear all the court hearings for the vast array of crimes being committed on a daily basis according to some posts.

                      What is lacking, IMO, sometimes is common sense and realism. I would have thought it does nobody any favours if the advice given in this section of the site becomes pie in the sky. Again IMO the advice should be 'grounded', factual, purposeful and give the OP a way forward.

                      I would also go so far as to say we should not make comments about people on here which we would not be prepared to make directly to their face. Hiding behind the facade of anonymity on the internet makes it too easy to be brazen and blunt to the point of incredible rudeness at times. At the end of most posts is a real, human flesh, reader with feelings and emotions. It is easy to forget that sometimes.

                      Comment


                      • #41
                        Re: Marstons/TV licence again...

                        At the end of most posts is a real, human flesh, reader with feelings and emotions. It is easy to forget that sometimes
                        That's the absolute nub of it, isn't it Wombats? We so much need to be kind to each other. xx

                        Comment


                        • #42
                          Re: Marstons/TV licence again...

                          This is a case which reminded me of he discussion here, sadly even the supreme court did not have the power to " slap Certificates of Incompatibility on primary legislation" in this heartbreaking issue, however hopefully parliament will amend the law in due course.

                          http://www.bbc.co.uk/news/health-28016033#"

                          Comment


                          • #43
                            Re: Marstons/TV licence again...

                            Firstly, it is a Certificate of Incompatibility, not a declaration of conformity. The case the link relates to is something the Supreme Court did not feel it could rule on, although it did tell the government to do something about it. If the campaigners so chose, they could take their case to Strasbourg or the Grand Chamber of ECHR.
                            Life is a journey on which we all travel, sometimes together, but never alone.

                            Comment


                            • #44
                              Re: Marstons/TV licence again...

                              Originally posted by bluebottle View Post
                              Firstly, it is a Certificate of Incompatibility, not a declaration of conformity. The case the link relates to is something the Supreme Court did not feel it could rule on, although it did tell the government to do something about it. If the campaigners so chose, they could take their case to Strasbourg or the Grand Chamber of ECHR.
                              "Certificate of incompatibility", another new one to me could you link to some authority( i know boring when people keep asking for authority)

                              The point is that even the supreme court could not do what you seem to think a magistrates court does every day as a matter of course.

                              It seems that in the real world legislation cannot be over ruled so readily as you think, although of course if you can provide evidence to show otherwise.

                              This is a declaration a stated

                              http://www.legislation.gov.uk/ukpga/1998/42/section/4

                              Comment


                              • #45
                                Re: Marstons/TV licence again...

                                Originally posted by andy58 View Post
                                "Certificate of incompatibility", another new one to me could you link to some authority( i know boring when people keep asking for authority)

                                The point is that even the supreme court could not do what you seem to think a magistrates court does every day as a matter of course.

                                It seems that in the real world legislation cannot be over ruled so readily as you think, although of course if you can provide evidence to show otherwise.

                                This is a declaration a stated

                                http://www.legislation.gov.uk/ukpga/1998/42/section/4
                                You're contradicting yourself now. Sit down in your favourite armchair and take your pills.
                                Life is a journey on which we all travel, sometimes together, but never alone.

                                Comment

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