> can still be justified. The whole point about the qualified rights is
> that they can be overridden, and in my opinion, not just by specific
> powers, but by general ones.
>
I take your point. And you are probably right.
But it all depends what you mean by 'general powers' and how they are used.
Qualified conventional rights can be infringed by a public authority,
but only where the infringment is according to law, necessary and
proportionate. And I would suggest that to be 'according to law', the
law has to be clear and unambiguous.
For a minor infringement, perhaps a 'catch-all power' will do quite nicely.
For a major infringement (for example, a forcible non-voluntary taking
of an intimate sample), it seems to me that nothing less than express
words would do.
In such a case, a general power such as one 'to collect whatever
evidence may be expedient to an investigation' (I know there's no such
power.. it's just an hypothetical example), would in my view, just not
be good enough.
But this sort of thing will provide much scope for judicial creativity
in the years to come, I think ..
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