Letters: Supreme Court must build its defence

The European Convention on Human Rights protects the fundamental rights of Scotland's citizens. The UK Supreme Court is our swift, effective and authoritative court of appeal on Scottish human rights issues.

It is regrettable that the Scottish Government has personally attacked Scottish judges on the Supreme Court while they discharge their judicial function with distinction (your report, 2 June).

Not only is it deplorable that Scotland's justice minister has threatened the Supreme Court with the withdrawal of Scottish funding, but it is unconstitutional.

Kenny MacAskill's position must now be untenable. What must international observers think when they see a Scottish Government minister threatening an impartial court of law in such a boorish manner?

No system of law can afford to remain isolated. Scots law developed historically, in no small part, thanks to the exchange of ideas and procedures with England, Italy, the Netherlands and France. The Scottish Government's notion that the Supreme Court might well get it right, but should not be allowed to get it right, is dangerous. The administration of justice must be based around high level principles, for the good of the people.

The UK Supreme Court has done its job and applied the jurisprudence of the European Court of Human Rights (ECHR) and Scotland's legal system has been found wanting. The ECHR in Strasbourg would have done no different, albeit it would have taken longer to do so given its huge backlog of cases.

Victims, appellants and litigants cannot be best served by adding to such a backlog. None of this presents a good reason to attack judges who are upholding the rule of law.

The Scottish Government should be concerned with why the Cadder judgment was necessary in the first place. Other European states acted to change their legal systems in light of the Salduz case, but not Scotland. Why not?

Blame for the systemic failings in our legal system, or errors of judgment, should be apportioned with those who are responsible, whether Scottish Government civil servants, Scottish law officers or members of the Scottish Government.

The unprecedented personal attack on Scottish judges and the UK Supreme Court can only shame Scotland internationally, undermine the rule of law and threaten access to justice for Scots.

Brian Fitzpatrick John McGovern Patrick McGuire

Mike Dailly

Marie MacDonald

John McGovern & Co

Waterloo Street

Glasgow

What an embarrassment, and this government was only re-elected a few weeks ago. We have five more years to put up with this lot.

Kenny MacAskill, no doubt believing he is an expert, is extremely offensive regarding Scotland's two most senior judges.

Their only offence is that they sit in London. He would prefer that these cases go straight to Brussels.

This would take years and cost us taxpayers a good deal more.There they would be heard by a panel whose knowledge of Scots law is extremely limited.

QC Paul McBride's suggestions (that a third Scottish judge be appointed to the court] are worthy of consideration. He knows a good deal more about Scots law practice than our justice minister.

John Kelly

High Street

Dalkeith