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181: The Bill of Rights Bill is Back

Law Pod UK

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The Human Rights Act Is a Spectacular Success

If the right questions are asked and answered in a manner suggesting good faith, then Strasbourg will defer to the domestic decision maker. This is from a Strasbourg perspective, the age of subsidiarity. So the right language, the right questions, and Strasbourg will by and large defer. Now, this is going to change, as Angus has said, with clauses three and five and indeed others. And I keep going back to that in the legal system, because if the British courts come up with a narrower interpretation, all that is going to happen is we're going to find more and more recourse to Strasbourg. That's the real pity, the real shame of repeal of the Human

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