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In the 2015 UK General Election, the Conservative party pledged to reset the UK's relations with Europe, holding an in-out referendum on membership of the European Union and repealing the Human Rights Act, to be replaced with a UK Bill of Rights. With the decision now taken to leave the EU, the future of the Human Rights Act and the UK's relations to the European Convention on Human Rights remains uncertain. Conor Gearty, one of the country's leading experts on human rights, here dissects the myths and fantasies that drive English exceptionalism over Europe, and shape the case for repealing the Human Rights Act. He presents a passionate case for keeping the existing legal framework for protecting human rights and our relationship with the European Convention. Analysing the reform agenda from the perspective of British law, history, politics, and culture, he lays bare the misunderstandings of the human rights system that have driven the debate so far. Structured in three parts, the book first exposes the myths that drive the anti-Human Rights Act argument. Second, Gearty outlines how the Act operates in practice and what its impact really is on the ground. Third, he looks to the future and the kind of Britain we want to live in, and how, for all its modesty, the survival or otherwise of the Human Rights Act will play a pivotal part in that future.
This book investigates the political and legal implications of the movement to repeal the Human Rights Act in the United Kingdom, questioning the validity of the arguments driving English exceptionalism. Conor Gearty, a professor of human rights law, utilizes his extensive academic background to dissect the intersection of British law, history, and political culture. He argues that the push to replace the Human Rights Act with a domestic Bill of Rights is based on fundamental misunderstandings of how the current legal framework functions and protects citizens.
What You Will Find
Scope Limits
Legal scholars and political commentators frequently cite this work as a critical, evidence-based counter-argument to the populist rhetoric surrounding the Human Rights Act. Experts highlight the text for its clarity in navigating complex legislative debates while maintaining a rigorous academic standard.
Page Count:
256
Publication Date:
2016-01-01
Publisher:
OUP Oxford
ISBN-10:
0191091634
ISBN-13:
9780191091636
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