Sunday, 18 August 2013

While Peru becomes court change, what says the Scottish govt about it for a Scot abroad?

Gordon Wilson had been saying the Yes campaign is soulless, again. It's the result of it not wanting to say anything new and outside the carefully filtered range of ideas that the political class comfortably tolerates for itself. That is what they care more strongly about than actual statehood. No new content, no acknowledging that the court change exists, no inspiration to reopen the homeland to all the diaspora, means no inspired public. That will be their place in history, they created this moment and just offered same-old.

At this moment, silence on the court change means silence towards a Scot in trouble abroad, and towards all the parents worried for their own young adults travelling to the same places. Ibiza belongs to Spain, and like us, Spain belongs to the Council of Europe, whose member countries are where the court change began. The first to be made court change by the item of corrupted practice by the European Court of Human Rights, in making a factually impossible decision and calling it final, that created the court change in 1999.Full write-up explaining the court change has long been on this blog, here It abolishes final decisions, which makes all court decisions open endedly faultable on their reasoning, including for being corrupted. So the court change applies to the present case of Melissa Reid from Scotland and Michaella McCollum.

They have a pressing humanitarian need for it to become publicly known, so that it can be used to actually scrutinise all worries over the handling of their case and be used to challenge any bad standards in it. But are our Scottish government and Yes campaign going to do this? Or our British government and No campaign, either? Many folks before them have had a pressing humanitarian need too, but have not had the court change publicised for them: including shockingly many asylum deportees from Britain, and including the folks deported to the US a year ago labelled as terror suspects after a deficient process at the ECHR.

Reid and McCollum's case extends the court change to another country, Peru. It may be our media's fault that I had never before found a case that extended it to Peru, which has been a very late reached country, and that in fact there is a much earlier case that does it: but until we discover that, at least their case does it and the people of Peru now have claim that the court change applies in their country. When a legal case overlaps between a country that has the court change and another country, the court change causes the case's content to be open endedly faultable and not final. This forces each country involved in the case to deal with open endedness. So for those countries that were not yet court change until the case happened, open ended non-final case content, hence case outcome too, is created in their legal system. THEY BECOME COURT CHANGE TOO. It is a brilliant opportunity that this lets folks all over the world help each other to get a massive advance of democracy in their countries. It just needs to be widely enough realised.

Because Reid and Connolly's case overlaps between Spain, which is court change, and Peru, it makes Peru court change too.

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