Would it be acceptable to remove the right to silence? Is it ever acceptable to deny access to the lawyer of one’s choice? Is it right to eavesdrop on what are normally privileged client–lawyer consultations? Is it fair to subject suspected terrorists to a higher risk of unjust conviction? Would a state be justified in lowering evidential standards by admitting hearsay, ignoring the need for corroboration, accepting confessions obtained in oppressive circumstances? The answer to all those questions must surely be no.
