A simple illustration is whether the police are under any duty at common law to take care to catch criminals. No. But they owe exactly the same duties we all do not to injure you. /2
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The romantic notion that the ECHR (or the HRA) simply replicated all the duties that we already had at common law isn't true. The common law concerned and concerns rights against persons generally, not duties on states. /3
aug 27, 2025, 3:42 pm • 0 0 • view
As it happens, I agree with Waldron that the case for a wholly domestic human rights regime is very weak. Which is why I think leaving the ECHR and having a "British Bill of Rights" is the worst of all worlds. /ends
aug 27, 2025, 3:43 pm • 1 0 • view