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181: The Bill of Rights Bill is Back

Law Pod UK

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Is This Rights Enhancing?

The rhetoric simply doesn't bear through the analysis of the bill itself. A good example of this begins with clause 24, which Angus mentioned, regarding the rule 39. So for your listeners, rule 39 measures simply create a pause to allow the legal process to take its course. That can hardly be said to be a rights enhancing approach. And it's worth saying that interim measures are entirely normal in other areas of the law. But I would argue that it is particularly important having them in respect of human rights. The right to life, for example, would be pretty meaningless if a state could execute people before their case was heard.

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