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> In the US, treaties are law. The political offense exception absolutely applies when extraditing people from the US to the UK. Sure, in the US they are. The
by comex 6y ago
> In the US, treaties are law. The political offense exception absolutely applies when extraditing people from the US to the UK.
Sure, in the US they are. The judge explicitly contrasts the US’s “monist” system with the UK’s “dualist” system where treaties are not law. Correspondingly, in the US treaties require Congressional approval to be ratified. In the UK, at least prior to 2010, treaties could be ratified by the executive branch alone, but Parliament’s approval was required to incorporate the terms into national law. (As of 2010, Parliament has a greater role in treaty ratification [1], but AFAICT that still doesn’t make them automatically national law. Anyway, the treaty in question was ratified prior to 2010.)
[1] https://commonslibrary.parliament.uk/research-briefings/sn05855/ https://commonslibrary.parliament.uk/research-briefings/sn05...