alt Hacker NewsIs it clearly against the constitution?
What happens when the constitution clashes with EU law?
Can the constitution be amended and is it likely if there is a clash with EU law on this issue?
Enormous pressure can be brought to bear in politicians over something like this. The most prominent British politician to oppose the Online Safety Act in the UK is being labelled as "helping people like Jimmy Saville" by the government (Saville was a TV presenter and notorious child abuser) .
Replies
It is against it and the law was revoked twice already by liberal politician SLS: 2nd March 2010 - 1 BvR 256/08 I don't like this rhetorical style were easy to prove facts are denounced with questions to evoke uncertainty.
If you now say this is not applicable as this is about storing connection data you don't understand the issue in full: This is a deeper incision than just storing connection logs. This violates a more fundamental right. We are talking about chats here. Not what IPs you connected to at what time (and that law was canned as violating the entire constitution, which i cited with the state's decision above). There is no middleground here.
the UK essentially does not have a constitution nor any significant judicial authority over lawmaking
> What happens when the constitution clashes with EU law?
Usually a standoff based on whether the EU was delegated authority on the topic. If the delegation happened then EU law has precedence but depending on the topic national constitutional courts might ignore that which becomes a constitutional crisis
In this specific case it's much more likely that the ECJ shoots down the chat control part of the law before it gets to that anyway