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It's more or less inevitable that this will go to the Supreme Court, especially when it's a 2-1 majority opinion rather than unanimous. Still reading the judgment (linked below), and may comment further afterwards on the specifics, but since this is surely not the end of the story of whether the policy is lawful, it's probably better to wait for the end of the...
12:56 Thu 29th Jun 2023
I think we should extricate ourselves from the whole lot.
Do you not have any qualms about the effect of that on The Good Friday Agreement?
Or, indeed, any of the other protections afforded by the ECHR...
And the standing of the UK in relation to other rules of law which we’ve previously agreed to abide by such as the UN Charter and International Law.
I’m not sure Naomi has considered, or is even aware, of any of these implications.
Well I know what 'extricate' means - but other than that I'm completely thick.
Would you care to answer the question in an adult manner?
Had I wanted to answer differently I would have done it.
The ECHR won't have any protections that we can't legislate for ourselves, and by doing it ourselves we have the ability to phrase things, and ensure things are interpreted, correctly, not instead ensure courts can claim it says we can't do what clearly we should have every right to do. When they see how it should be, who knows, maybe the ECHR will take note and adopt our best practice for themselves.
I would never be swayed if by doing the right thing to improve a situation it turned out it was the same initial action as others did to make things worse.

If I buy a knife I can prepare great food in my kitchen, if slobbering troll down the road buys a knife, he may try to stab & eat all those that cross over their bridge. Both simply bought a knife to start with though; which I'd not consider to be the disturbing part.

Of course we could just follow Australia's fine example, tow the boats back to the French coast. If France objected we could agree to tow them to the border line down the channel, in much the same way as video evidence has shown the French handover illegals to us while at the same time being paid to stop them, funded by UK payments.
So, Naomi has made a statement and has zero idea of the implications. I suppose this is fairLy standard when discussions get a bit beyond her sphere of knowledge.

When they see how it should be, who knows, maybe the ECHR will take note and adopt our best practice for themselves

since Britain was one of the founders of the EHCR and helped draft its articles, it's a fair bet other nations already know exactly how Britain does things. What we could offer them, I suppose is advice on how to ensure the rules apply to everyone but themselves, a matter in which the present government has form.
Zacs, two pops from you on the first two threads I’ve looked at tonight. You’re suffering from a bad bout of wind again. Grow up.
I think, jno that it is a case of things either being drawn up with errors, or interpretation since being obviously flawed. Any nation accepting the present situation can not have bothered noticing how badly it has gone, and some nation setting a good alternative example may enlighten them.
You’re mistaking pops for genuine challenges as to your sweeping statement that we should extricate ourselves from the ‘whole lot’.
What do you think the implications on the points myself and ClareT have made might be?
If we were to decide to
extricate ourselves, implications would depend upon the chosen method.
OK, so as a starter, What method would you advocate?
Negotiation would have to be key. Now I’m not on trial here so stop with the third degree.
No one is on trial, Naomi, but Answerbank is a forum for debate. You’ve made a statement about extricating ourselves from the EHCR which has some serious implications which you’ve been asked to clarify.
If that’s too difficult for you, maybe the debate is beyond your sphere of knowledge.
If it is, there’s nothing to be ashamed about and I’m sure there are other subjects more in line with your knowledge base.
Now, I’ll ask you once more, taking things step by step, and starting with the Good Friday Agreement, what do you think the implications would be on said agreement of us ‘extricating’ ourselves from the EHCR?
No, zacs master, debate is not my sphere of knowledge. I simply dislike incivility which you display over and over again and from thread to thread. Go and harangue someone else.
So you’ve no idea what the implications are of extricating ourselves?

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