Liberty Intact: Human Rights in English Law
Autor Michael Tugendhaten Limba Engleză Hardback – 14 dec 2016
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Specificații
ISBN-13: 9780198790990
ISBN-10: 0198790996
Pagini: 274
Dimensiuni: 173 x 239 x 23 mm
Greutate: 0.54 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom
ISBN-10: 0198790996
Pagini: 274
Dimensiuni: 173 x 239 x 23 mm
Greutate: 0.54 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom
Recenzii
During a turbulent time for constitutional law in general, and human rights law in particular, it is refreshing to read a book which radiates with optimism. Works by former judges are often fascinating insights into the judicial mind. This book, by former High Court judge Michael Tugendhat, is therefore to be doubly welcomed. ... Tugendhat has taken care to make the book accessible - an admirable feat for such complex subject matter. He has explained difficult concepts in clear language and presented his thoughts in short, snappy chapters.
This is an invaluable book in seeking to defend human rights by exploring their English law origins. A great deal of historical material is assembled for the task. The case is convincingly and cogently made. ... if Sir Michael Tugendhat's book attracts the attention it deserves the landscape of rights litigation and discourse might well change, and take on a more British complexion.
In this thoughtful book [Michael Tugendhat] considers the influence of English common law on a number of human rights instruments, both before and after the current efflorescence of bills of rights, and argues that the standards laid down in common law were just as robust as, if not more so than, those contained in documents such as the European Convention on Human Rights.
I have read [Liberty Intact] with much pleasure... I found [it] very stimulating and thought provoking.
Liberty Intact is a timely reminder of the capacity of the common law to provide robust, influential and context appropriate protection of fundamental rights in the United Kingdom, and its ability to do so in a self-sufficient and coherent manner... Certainly, everyone, whether lawyer or non-lawyer, should read it.
This excellent book by Sir Michael Tugendhat... sets out to persuade readers to justify reliance on human rights priciples primarily by reference to English common law and statute law, rather than reaching immediately for the articles of the ECHR. The critical issue going forward, if certain sources of rights such as the EU Charter of Fundamental Rights were abrogated, would be to be in a position to argue cases based on English law along. This book would facilitate such arguments while at the same time allaying public concern about such rights or principles being imposed from the outside. It is to be warmly welcomed.
[Tugendhat's] arguments are expertly executed. With meticulous detail, [he] shows the reader how each of the Convention rights has its origins in British law... it is a powerful book.
This is an invaluable book in seeking to defend human rights by exploring their English law origins. A great deal of historical material is assembled for the task. The case is convincingly and cogently made. ... if Sir Michael Tugendhat's book attracts the attention it deserves the landscape of rights litigation and discourse might well change, and take on a more British complexion.
In this thoughtful book [Michael Tugendhat] considers the influence of English common law on a number of human rights instruments, both before and after the current efflorescence of bills of rights, and argues that the standards laid down in common law were just as robust as, if not more so than, those contained in documents such as the European Convention on Human Rights.
I have read [Liberty Intact] with much pleasure... I found [it] very stimulating and thought provoking.
Liberty Intact is a timely reminder of the capacity of the common law to provide robust, influential and context appropriate protection of fundamental rights in the United Kingdom, and its ability to do so in a self-sufficient and coherent manner... Certainly, everyone, whether lawyer or non-lawyer, should read it.
This excellent book by Sir Michael Tugendhat... sets out to persuade readers to justify reliance on human rights priciples primarily by reference to English common law and statute law, rather than reaching immediately for the articles of the ECHR. The critical issue going forward, if certain sources of rights such as the EU Charter of Fundamental Rights were abrogated, would be to be in a position to argue cases based on English law along. This book would facilitate such arguments while at the same time allaying public concern about such rights or principles being imposed from the outside. It is to be warmly welcomed.
[Tugendhat's] arguments are expertly executed. With meticulous detail, [he] shows the reader how each of the Convention rights has its origins in British law... it is a powerful book.
Notă biografică
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 & 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 commercial law. He was a judge of the Courts of Appeal of Jersey and Guernsey, and was the Judge in Charge of the High Court's Queen's Bench Division civil lists. As a barrister and a judge he was involved in many of the cases in which the law of freedom of expression and privacy were developed in the light of human rights.