alt Hacker NewsOne of the reasons international human rights law is so worthless in actual practice, is that half of it is framed like this. "Everyone has the right to X, except as duly restricted by law." Cool, so that's not a right at all then.
Ditto the Canadian Charter of Rights and Freedoms, with its 'notwithstanding' clause. (Though they're presently litigating over that, so we'll see what happens!)
Any constitution or human rights instrument full of exemptions, 'emergency powers', 'notwithstanding' clauses, or 'states of exception' is not worth the paper it's written on.
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That's why countries like Austria have enshrined the Human Rights Charter into constitutional law, meaning only other law at constitutional rank could potentially conflict with such clauses. You can get your own country to do it, too.
That is in fact the only way most laws work: freedom of movement, except if you’re arrested and detained in accordance with law. Freedom of speech except when you are falsely yelling fire in a crowded theater or slandering someone. In general all rights have exceptions carved out by law. And any way you carve that exception out (eg to cover those convicted of crimes) can be twisted by a legislature or judicial body that wants to act in bad faith.
(That’s not to say laws shouldn’t make a better attempt to circumscribe exceptions)
Even if the law included the literal phrase "Congress shall make no law" or "shall not be infringed", there would still be carve-outs and exceptions deemed acceptable and non-infringing because at the end of the day it's the government, and they'll do what they want, because who exactly is going to stop them?
Every contract I have to agree to these days has a "valid until unilaterally invalidated" clause. It feels like we're all just going through the motions.