What is needed is legislation that would shift the default, making it mandatory for the Government to act and thus not leaving it with the option of stopping when Strasbourg objects.
The new Home Secretary wants to uphold traditional British means of maintaining liberty and the rule of law.
It seems to fall between two stools: neither a tight technical update of the existing system, nor a fundamental overhaul.
Unless Ministers get more grown-up in their rhetoric, they are going to set expectations at a level they cannot and should not meet.
If the BBC wants to balance its coverage of the culture war, it should commission this Oxford ethicist to tell the truth about Britain’s past.
Johnson and Cummings’ previous assaults on the pre-Brexit order have been brilliantly conceived. This one may not be up to the same standard.
The Court of Appeal’s judgement in the Begum case is a reminder of wider issues – and the pledge in last December’s manifesto.
Worse, its judgement has knock-on implications for the effectiveness of government. Urgent corrective legislation is needed.
If so much, as Ministers suggest, depends on common sense, nuance, context and common sense, people will draw the inevitable conclusion.
The nub of the matter is that without changes to the law the entrants will keep coming to Britain.
With the Coronavirus engulfing parliamentary discussions, the legislation looks on hold for now.
The culture wars over sex and gender are increasingly being played out in the courts, with insufficient regard for coherence or the intentions of legislation.
Briefing that Johnson will “lock up terrorists and throw away the key” is taking the voters for fools.
Asserting the rights of Parliament over the EU is half the European mission. Asserting them over the ECHR is the other half.
This is the second of a three-part ConHome mini-series from Policy Exchange on the judges, public policy and the election.