In reply to andyfallsoff:
> Er - what is a "constitutional system", and why aren't we one? We do have a constitution, before you trot out that old inaccuracy (it just isn't codified into a single doc like say the US).
Add in the word written. I think you know what I mean anyway.
> More than I do politicians, yes. And under our constitution, the judges have some power to limit what politicians do, but it is limited - appropriately so given, as you say, they aren't elected so it isn't a political role as such.
Their power is limited to whatever power was given to them by Parliament. That's fine, they're necessary, of course. What makes you trust the judges more than politicians? What do you trust them to do?
> How about when Theresa May was prevented from circumventing the constitution by triggering article 50 without a parliamentary vote? That was one example of the courts providing that the power of politicians remains within their constitutional limits (although I grant you, that's an example of a limitation on the executive, not on parliament).
Well as you say, that's a limitation on the executive, not parliament. Is that what you mean by checks and balances? It's not usually what people mean when they're talking about human rights, etc.
> My point is that we have constitutional limits, and judicial oversight, for a reason. UK legislation has been found incompatible with human rights on several occasions, and that legislation is then sent back to parliament to be revised. Isn't that an example of the system working?
Your point is inaccurate, we don't have such limits. We never have had, and the HRA doesn't change that.
> My statement on dictators and autocrats is because, across the world, one of the first steps of a dictator / autocratic leader is usually to restrict the power of the judiciary to impede on their power. See Russia, Pakistan, Turkey, Egypt... the fact it hasn't happened in the UK doesn't mean it can't.
My statement on the merits of constitutional protections is because, across the world, they have utterly failed to prevent dictators taking power. That something hasn't happened doesn't mean it can't, no, but the fact that constitutional protections fail again and again does show them to be far less important that they're cracked up to be. Our system, on the other hand, has a seriously good record of not failing.