Some of you are reading Adam’s thread as if he’s said stripping citizenship is good, or should (politically / morally) be allowed. His thread doesn’t say that. Its a thread about what *law* says and (surprise!) law (made by states) isn’t that great.
But I haven’t discussed this with him, or read everything he’s written. So I don’t know if I agree with him. But what he says *in this thread* *abt human rights law* is correct.
And IMHO it’s useful for people to have that info
International human rights law instruments do not state an absolute bar on citizenship-stripping. They require it not be arbitrary and they (therefore) require due process.
That’s the information Adam is conveying.
Even if we imagine Twitter as a pure advocacy space in which the weaknesses of “our” arguments should only be discussed privately (lol, no, obvs), Adam’s point is an inescapable legal fact.
He’s just the messenger.
We could try and pretend it’s not true and build a campaign on that basis. But it’d be built on sand. Let’s say (I DO say) that citizenship stripping is morally, socially, wrong.
But let’s also have space for people who tweet as lawyers to… tweet as lawyers. //
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I want to learn from activists in Hungary, Italy, Greece, Poland what comes next from UK Govt as they scrabble for more distraction from corruption, and step up punishment of the powerless and their allies. And how we can get resist. +
Even when populist corruption doesn’t consciously model itself on another country’s, its *nature* makes it follow similar paths. And we can borrow ideas (even if we can’t borrow situations ht @billybragg ) +
in Italy, Salvini and his allies used criminal law against those rescuing drowning people - those prosecutions aren’t over. In Greece, refugees serve decade long sentences for trying to steer a dinghy with their own children to safety. What’s next for Patel there? +
Lie 1: Immigration Act 1971 makes it “illegal to come to the UK without permission”
Straight up lie. There’s nothing in that Act which says that. Migration Watch don’t even point to a section that does. +
Lie 2: Asylum and Immigration (Treatment of Claimants) Act 2004 makes it illegal to seek asylum without identity documentation. Of course it doesn’t. Section 3(4) (c) makes it a defence to have a reasonable excuse for not having one +
lawmaking as a similacrum, a superficial appearance of what a lawmaker does, while the operative force is not the law’s words but the political menace for which the words are a vehicle.
this clause is intended to allow Govt lawyers to pressure judges to accept that a statute means what politicians say it means, not what it says and its meaning as discerned *in the context of our constitutional tradition*.
Good-hearted people want to help. They’ll provide their best help if they *don’t* have to worry about the people they aren’t helping.
Sadness & regret about those they can’t help is *demotivating* and *demoralising* 2/
I know this from years of working in and with front-line NGOs & law firms and listening to some of the smartest people who help them serve their clients. 3/