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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 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. The Influence Of English Common Law, Taken Largely From Blackstone's Commentaries On The Laws Of England, Can Also Be Realised In The British 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 Human Rights 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 To Use.
This book investigates the historical origins of modern human rights declarations and argues that their core principles are deeply rooted in English common law rather than being recent foreign imports. Michael Tugendhat, a former High Court judge, utilizes his extensive legal expertise to trace the lineage of rights from the fifteenth century through the major revolutions of the seventeenth and eighteenth centuries. By analyzing foundational documents like the Virginian Declaration of Rights and the French Declaration of the Rights of Man, the author demonstrates how English legal traditions provided the framework for contemporary international human rights instruments such as the UDHR and the ECHR.
What You Will Find
Scope Limits
Legal scholars and practitioners frequently note the book's rigorous academic approach to constitutional history and its clear articulation of the continuity between common law and modern human rights. Experts highlight this as a significant contribution to the debate regarding the domestic origins of British human rights protections.
Page Count:
280
Publication Date:
2016-01-01
Publisher:
Oxford University Press
ISBN-10:
0192508474
ISBN-13:
9780192508478
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