2 ms·
It's difficult to entrench things. In the UK they have often said "one Parliament can't bind another Parliament", and in the U.S. it's also sometimes said "one
by schoen 1y ago
It's difficult to entrench things. In the UK they have often said "one Parliament can't bind another Parliament", and in the U.S. it's also sometimes said "one Congress can't bind another Congress".
The most obvious mechanism is a constitutional amendment, but in the U.S. the only amendment to be drafted and adopted in modern times is the 26th amendment (1971), 54 years ago. (The 27th amendment had a weird status where it was belatedly adopted with a 200-year delay.) It's hard to imagine many constitutional amendments actually being passed now because it's been challenging to find consensus on many things within U.S. politics lately.
I don't know that the EU at a supranational level has any mechanism at all to ban future EU directives. Maybe they could decide to remove something from the list of areas of competence of the EU? But Chat Control is under the "Area of Freedom, Security and Justice" and I can't imagine the EU deciding that that should be abandoned as an area of Union competence.
Edit: The international human rights treaties, at least in regulating law enforcement, have tended not to follow the idea that some kind of regulation or law enforcement power is completely off-limits, but just that they need procedural safeguards -- especially for surveillance and investigatory powers. In this case, Chat Control opponents (including me) would like it to be completely off-limits, but the human rights instruments arguments might more naturally go into "did they create enough surrounding rules and mechanisms about how it's used and how it's regulated?" rather than "can we just say governments just can't make this rule?".