The whole point of the Convention is that it elevates certain rights above the political realm. There is an inherent tension between such an arrangement and democracy.
Would-be reformers have thus far refused to countenance returning to the traditional constitutional position, long predating the ECHR and HRA, that Parliament can be trusted to protect human rights through ordinary statutes.
Under the Hermerist concept, international law is essentially superior law, negotiated by the executive without the extensive scrutiny we apply to the passage of domestic legislation, which allows one parliament to bind its successors.
The question of who should leave the tent has been answered for us. More right-leaning members might have liked to see the ‘wets’ leave for the Liberal Democrats, but instead, it is they who have left to join Reform—leaving us as a centre-oriented party.
Have ministers been properly warned of the huge risk of litigation if the Government tries to use secondary legislation to affirm that his detention was legally proper?
Given the minimal gains and the significant risks of leaving the Convention, when Robert Jenrick claims, “It’s leave [the ECHR] or die for our party,” the reality is the opposite.
Once again, the intolerant partnership of Islamists and progressives joined forces to attack peaceful conservatism and sanitise evil in a major European city.
Our deputy editor argues that the whole point of free schools and academies was fostering a more diverse school system, and that requires that individual schools be allowed to enforce their own vision and values.
I doubt that the KlimaSeniorinnen judgment will help states better address climate change – but it certainly helps seal the case for states to withdraw from the ECHR.
The Conservatives need first to address a real perception problem: voters in these seats are twice as likely to say they associate the words ‘divided’ and ‘uncaring’ with the Tories than with Labour.
It might help if the new definition made a clearer distinction between extremism of belief and extremism of action. But it would be better still if it didn’t try to define extremism at all.
However, the Public Administration and Constitutional Affairs Committee’s demand for a mere Commons vote on every treaty is a poor substitute for the real, much less fashionable solution.
Only by improving this Bill, and by delivering on the Prime Ministers’ pledge to stop the boats, can we assert with confidence that the people’s will has prevailed.
In the end, the country hasn’t given up on us, it’s simply waiting for us to give them something worth believing in again.