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The law is the law, and that will continue, at least since the LEC decision, given that while the law previously applied it was not followed or enforced prior to that. That is why a new law (DA) is required, or the old/existing law will continue to be applied.
As for Shelley, I think the analogy is the prisoner applying for bail - the person with no record of absconding etc will get it, the one with a history of breaking bail conditions will not.
I think your description of the incumbents is spot on, and shared by those in authority.
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