3/20/2019

Sir Humphrey Appleby II on ECHR Single-judge decisions and the "epistemological problems of sufficient magnitude" and "the fourth of the epithets"

Judge Potocki unperturbed by
"epistemological problems laid
upon the semantic resources"
Sir Humphrey conveys his reservations about the unfortunate Single-judge decision in Case 51482/18 to Judge Potocki:

"Unfortunately, although the answer decision was indeed clear, simple and straightforward, there is some difficulty in justifiably assigning to it Single-judge decisions the fourth of the epithets you applied to the statement inasmuch as the precise correlation between the information you communicated and the facts insofar as they can be determined and demonstrated is such as to cause epistemological problems of sufficient magnitude as to lay upon the logical and semantic resources of the English language a heavier burden than they can reasonably be expected to bear."


"I wonder if there's anything that might persuade you to consider recasting that sentence that Single-judge decision and transferring the emphasis from the specific instance to the abstract concept without in any way, impairing the conceptual integrity of the theme Court."

Yes Minister (1980) s01e02 Episode

"Well, it was a conversation to the effect that in view of the somewhat nebulous and inexplicit nature of your the ECHR remit Single-judge decisions and the arguably marginal and peripheral nature of your influence on the central deliberations and decisions within the political judicial process, that there could be a case for restructuring their action priorities in such a way as to eliminate your the (decision's) liquidation from their immediate agenda.

And to that end, I recommend that we set up an interdepartmental committee with fairly broad terms of reference so that at the end of the day we'll be in the position to think through the various implications (of Single-judge decisions) and arrive at a decision based on long-term considerations (and margins of appreciation) rather than rush prematurely into precipitate and possibly ill-conceived action which might well have unforeseen repercussions."

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