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Derogating: Control orders that infringe the right to liberty, and therefore require the UK to opt out of article 5. The home secretary must first opt out of article 5 and then ask the high court for the authority to grant such an order.
This week the government backtracked.Under the Prevention of Terrorism bill, introduced to Parliament this week, house arrest would remain a potential tool in the government's ever-expanding anti-terrorist arsenal, but the government would first have to opt out of Article 5 of the European Convention on Human Rights guaranteeing a right to liberty.
But the judges said that David Blunkett, the home secretary, was wrong to opt out of Article 5 of the European Convention on Human Rights (which bans detention without trial) without also, in the jargon, "derogating" from Article 14 (which bans discrimination on the grounds of race or nationality).
Only "in time of war or other public emergency threatening the life of the nation" may a state opt out of Article 5 and then only "to the extent strictly required by the exigencies of the situation".But it is often impossible to obtain enough admissible evidence to obtain a conviction, the government argues.
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"The Argument," which grew out of articles Mr. Bai wrote for The New York Times Magazine, combines lots of energetic reporting on the ground with some astute political analysis.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com