Liberty Intact: Human Rights in English Law

Hardcover | January 14, 2017

byMichael Tugendhat

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What are the connections between conceptions of rights found in English law and those found in bills of rights around the World? How has English Common Law influenced the Universal Declaration of Human Rights (UDHR) 1948 and the European Convention on Human Rights (ECHR) 1950? These questionsand more are answered in Michael Tugendhat's historical account of human rights from the eighteenth century to present day. Focusing specifically on the first modern declarations of the rights of mankind- the 'Virginian Declaration of Rights', 1776, the French 'Declaration of the Rights of Man and of the Citizen', 1789, and the 'United States Bill of Rights', 1791- the book recognises that the human rights documented inthese declarations of the eighteenth century were already enshrined in English common law, many originating from English law and politics of the fifteenth century. The influence of English Common Law , taken largely from Blackstone's Commentaries on the Laws of England, can also be realised in theBritish revolutions of 1642 and 1688; the American and French Revolutions of 1776 and 1789 respectively; and through them, on the UDHR and ECHR. Moreover, Tugendhat argues that British law, in all but a few instances, either meets or exceeds human rights standards, and thus demonstrates that humanrights law is British law and not a recent invention imported from abroad. Structured in three sections, this volume (I) provides a brief history of human rights; (II) examines the rights found in the American and French declarations and demonstrates their ancestry with English law; and (III) discusses the functions of rights and how they have been, and are, put touse.

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What are the connections between conceptions of rights found in English law and those found in bills of rights around the World? How has English Common Law influenced the Universal Declaration of Human Rights (UDHR) 1948 and the European Convention on Human Rights (ECHR) 1950? These questionsand more are answered in Michael Tugendhat'...

Sir Michael Tugendhat was a Judge of the High Court of England and Wales from 2003 to June 2014. He was a scholar at Gonville and Caius College, Cambridge where he graduated in Classics and Philosophy. In 1967-8 he held a Henry Fellowship at Yale University. He practised at the English Bar from 1970 to 2003 specialising in media and co...

other books by Michael Tugendhat

Format:HardcoverDimensions:280 pages, 9.21 × 6.14 × 0.98 inPublished:January 14, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198790996

ISBN - 13:9780198790990

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Table of Contents

1. Introduction2. Historical Overview3. Liberty and Equality4. Rule of Law5. Access to Justice6. Right of Resistance7. Life, Security, Detention, and Torture8. Property, Taxation, Work, and Slavery9. Freedom of Expression10. PRivate and Family Life11. Conscience, Religion, Association, Assembly, Petition, and Duties12. Sovereignty and Revolution13. Function of Rights14. Limits to Legislation15. The Future of British RightsAppendix I. Natural Rights, Human Dignity, Duties, and DesertsAppendix II. The Virginian and French Declarations of Rights