This is a hot mess.
The Human Rights Act enshrines the ECHR and the judgements of the ECJ above UK law. Turkey, by comparison, hasn’t enshrined this in Turkish law. Turkey is actually an authoritarian regime that abuses human rights, including ethnic minorities as well as illegally occupying part of another sovereign nation. Therefore, being a part of the ECHR in of itself does not guarantee human rights.
human rights before the ECHR was established because as you and others point out, British legal experts shaped its contents. Leaning heavily on English common law traditions and foundational documents such as the Magna Carta and Bill of Rights (1689).
The same UDHR Australia is a signatory of? They were able to stop the boats which doesn’t support your claims.
Again, the UDHR traces its roots back to Code Napoleon and US Declaration of Independence which all date back to English common law.
To summarise, our legal system and traditions on civil liberties is robust enough to scrap the HRA and leave the ECHR.
No, because they cited it in their judgement. Your question was asking me what would’ve been cited if we weren’t in the ECHR…
The basis of the home office’s legal argument was the ECHR. I’m sure there would’ve been legal precedents to draw upon in existing UK law.