Liberty intact human rights in English law 1st Edition by Tugendhat 0192508482 9780192508485

Liberty intact human rights in English law 1st Edition by Tugendhat – Ebook Instant Download/Delivery ISBN(s): 0192508482,  9780192508485

Product details:

• ISBN 10: 0192508482
• ISBN 13: 9780192508485
• Author: Tugendhat

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 questions and 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 in these declarations of the eighteenth century were already enshrined in English common law, many originating from English law and politics of the fifteenth century.

Table of contents:

1 Introduction

The Purpose of this Book

The Arguments Advanced

Human Rights

Structure and Sources

Point of View

Readership

2 Historical Overview

The Rights Brought Home

Natural Rights to the Eighteenth Century

Declarations and the Recognition of Rights

Human Rights

The Rights of Mankind and other Terms

3 Liberty and Equality

The Declarations

Introduction

Status, Public Office, and Suffrage

Gender

Wealth

The Common Good

The Human Rights Act 1998 Sch 1

4 The Rule of Law

The Declarations

Human Rights and the Rule of Law

The Constitutional Reform Act 2005

Legality (Supremacy of the Law)

Legal Certainty

Prohibition of Arbitrariness

The Human Rights Act 1998 Sch 1

5 Access to Justice

The Declarations

Independent and Impartial Courts

Justice before a Court

Independent and Impartial Courts and Separation of Powers

Trial by Jury

Presumption of Innocence

Prosecution and Defence Counsel

Rights of the Defendant

The Human Rights Act 1998 Sch 1

6 Right of Resistance

The Declarations

The Right of Resistance

Resistance and Access to Justice

The Human Rights Act 1998 Sch 1

7 Life, Security, Detention, Torture, Liberty, and Villeinage

The Declarations

Life and Security

Detention

Torture

Reputation

Villeinage

The Human Rights Act 1998 Sch 1

8 Property, Taxation, Elections, Work, and Slavery

The Declarations

Property and Natural Law

Property, Taxation, and Representation at Elections

Property and Compulsory Purchase

Right to Work and Restraint of Trade

Slavery

The Human Rights Act 1998 Sch 1

9 Freedom of Expression

The Declarations

Meaning of Free Speech

English Law to 1791

US Law

French Proposals 1791

Freedom of Speech in England since 1791

The Human Rights Act 1998 Sch 1

10 Private and Family Life, Home and Correspondence

The Declarations

What is Privacy?

The Home and other Property

Free Speech

Self-incrimination

Family Relationships

Photographs

Privacy and Morality

Developments since 1791

The Human Rights Act 1998 Sch 1

11 Conscience, Religion, Association, Assembly, Petition, and Duties

The Declarations

Conscience and Religion

Rights of Assembly, Association, and Petition

Duties

The Human Rights Act 1998 Sch 1

12 Sovereignty and Revolution

The Declarations

1688–9, 1776, and 1789–92

American Declarations

Condorcet

The Bill of Rights

Hume and Blackstone

Early English Precedents

Sovereignty in the UK Today

The Human Rights Act 1998 Sch 1

13 Functions of Rights

The Declarations

Natural Rights and Human Rights

Parliament and Rights

Judges and Rights

The Public’s Use of Rights

Social and Economic Rights

Relationships between States

Summary

14 Limits to Legislation

The Declarations

Hierarchies of Legislation

US Law on Judicial Review of Legislation

English Law on Judicial Review of Legislation

The Interpretation of Legislation

Parliament and Human Rights

The Human Rights Act 1998 Sch 1

15 The Future of British Rights

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