MedEwok wrote:
The UK legal system is well established and internationally respected.
There are rankings for everything 
According to this the UK is well ahead of Germany, although not among the best 
IMO it is wrong to say this has much to do with the legal system. It is more of a pragmatic solution that has gone wrong by the looks of it. Maybe the only way to get it right is to go the legal route ?
LeSving wrote:
There are rankings for everything
The usual suspects of government and society rankings among the top ten and one surprise, at least to me (Korea).
The top of the list is mainly countries with a highly compliant population, few social issues, minimal immigration, and not a lot happening
On that basis it is amazing the UK is anywhere near #8 Should be more like #80… this one is going around right now:
MedEwok wrote:
The policy discussed in the thread, however, does not seem to be subject to the same degree of legal scrutiny as it would be in Germany, where everyone can very easily summon the courts to examine such a policy and most people of pilot level income have legal insurance which means they wouldn’t even have to pay a cent extra to do so. Legal insurance is also quite cheap, mine costs 150€/year or so…
Surely your legal insurance will only cover your expenses in defending yourself in any legal action taken against you? Perhaps also in bringing legal action against someone who has, for example, crashed their car into your house and has no licence? I can’t imagine it would cover the costs of a judicial review into some government process which you took a dislike to as these would be the most complicated and expensive.
Fuji_Abound wrote:
This is where, if AOPA had any teeth, the case would be put forward funded by the membership for juducial review which would examine the whole principle of current policy which would be found wanting.
Exactly.
Is it possible to trigger a judicial review of a process without being subject to it?
The issue is not that there is no legal recourse, but that you won’t have a licence while the process grinds on – because licence suspension is not a penalty, but a safety action taken by the regulator. Otherwise it would be easy to say ‘bring it on, CAA!’.
The Japanese justice system works on that basis – you can, for example, plead guilty to shoplifting and get a fine, or you can plead not guilty and be held in police custody for months until you get to court. Which is a bit of a problem for the innocent.
Is it possible to trigger a judicial review of a process without being subject to it?
Should be. It is what left wing activists do all the time
Cobalt wrote:
Is it possible to trigger a judicial review of a process without being subject to it?
It is in Norway. We have special lawyers and appointments called “ombudsmann” or simply “ombud”. Their job is especially to protect persons and/or groups interests and rights through legal control or surveillance of state administrative organisations. Looking at the practices done by the aviation authority is a typical example. The “UK airspace busting problem” would go straight to the Ombudsmann.
The way it works (to my understanding) is the Ombudsmann will look at the case and decide if some errors have been done. If this is the case, then the individual or organisation will have a real good case in court. Usually the administrative power will simply back down and change their procedures or practices, pay for damages etc and nothing goes to court. They have no interests of operating outside of the law, or defend practices that are considered wrong, it’s not in their mandate.
Of course, someone has to actually go to the Ombudsmann with the case. That could be a single person or an organisation.
Haha. Despite looking like it might be from south or east London, that picture posted by Peter is Canadian…
President’s Choice is a domestic brand that is not exported. That being said, knife crime is not much of a thing in Canada.
Then maybe someone should crowd fund a judicial review of the CAA process, with the person organising it having no direct connection to anyone holding a pilots licence.
LeSving wrote:
There are rankings for everything According to this the UK is well ahead of Germany, although not among the best
But you are aware that the rating you quote is an “Open Government”-Index that measures open data, civic participation, etc. and has little to nothing to do with performance of the legal system ?!?
(And your “well ahead” is a difference of 0.02 on a scale from 0 to 1 – so 2% …)
