My crystal ball
So, it turns out my prediction about Charles Clarke was right. On Newsnight just now (paraphrasing):
> CC: The Law Lords struck down our original detention policy, and said that we could not discriminate
> between UK citizens and others. So we are planning to extend the policy to UK citizens.
> JP: So, you’re saying that the policy was illegal.
> CC: No, ‘illegal’ wouldn’t be the right word.
The Human Rights Act is a brilliant interpretation of Agamben. It allows the Law Lords to declare that a policy contrevenes the Human Rights Act, but such a declaration _does not make the policy illegal_. It puts all of Human Rights into a rigorously legally recognised zone of indistinction between legality and illegality.
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