The Rwanda Bill and the rule of law | Richard Ekins | The Critic Magazine

The Safety of Rwanda Bill is back in the House of Lords on Monday and will face a flurry of wrecking amendments.

Clause 5 of the Bill concerns “interim measures of the European Court of Human Rights” Rule 39 purports to authorise a single judge to grant binding interim relief, equivalent to an injunction in domestic law.

The moral ideal of the rule of law does not require the UK to treat international law in the same way that Ministers relate to domestic law..

Home Secretary does not interfere with the reasoning or decision-making of the European Court of Human Rights , or any one of its judges.

Reading the Constitutional Reform Act to require Ministers to comply with rulings of international courts would collapse a fundamental rule of our constitutional law.

No one before the present controversy has ever argued that the UK ’s failure to follow judgments of the Strasbourg Court is somehow incompatible with judicial independence.