Let’s not get too bogged down with semantics.
Once again Article 8 of the ECHR rears its head, this time to allow a convicted rapist enjoy his “family life” here.
This time it was not our own Human Rights Act (he was refused leave to appeal in the UK). So off he went to Strasbourg. Judges there, from such beacons of freedom and upholders of rights and freedoms such as Bosnia, Albania and Montenegro, determined that to deport him would be “disproportionate” as a punishment for his misdemeanors.
AOG is quite right. Since even decisions under the UK’s Human Rights Act (which virtually mirrors the ECHR) can be trumped by Strasbourg. So we might as well abandon our own act and leave the decisions to Strasbourg. It may cost a bit more in Legal Aid for criminals and foreigners, but why worry. We’ve plenty of dosh for that sort of thing.
However, this may be problematic. I remember the Conservatives when in opposition promising to review and possibly repeal our own 1998 Act. I clearly remember David Cameron (whom I believe briefly held the post of Prime Minister) promising just such a thing. Alas today I heard Prime Minister Nick Clegg (who, remember, leads the party that came a distant third in the General Election) when asked about the future of the HR Act, announcing on the BBC that “it...is...here...to...stay”.
So that’s that then.