Jump to ContentJump to Main Navigation
Liberty IntactHuman Rights in English Law$
Users without a subscription are not able to see the full content.

Michael Tugendhat

Print publication date: 2016

Print ISBN-13: 9780198790990

Published to Oxford Scholarship Online: February 2017

DOI: 10.1093/acprof:oso/9780198790990.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 13 October 2019

The Future of British Rights

The Future of British Rights

Chapter:
(p.199) 15 The Future of British Rights
Source:
Liberty Intact
Author(s):

Michael Tugendhat

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198790990.003.0015

Under the HRA English courts reason more like the Court in Strasbourg, more by principle and less by precedent. Freedom of expression and personal privacy have been enhanced. In future common law may need to rely less on the HRA to keep pace with changes in society. Common law protects rights more than the ECHR and HRA: it binds individuals, it includes UDHR rights not in the ECHR, eg the right to work, and to a higher standard than the EHCR, eg fair trial. The common law is based on reason and conscience. But it needs clarification to conform to the rule of law requirements of certainty, etc. The ECHR omits rights, eg the social and economic rights popular in Britain’s welfare state. By transferring powers to the judges, the HRA has left people and MPs feeling of dispossessed. The people must believe in rights if they are to survive.

Keywords:   Strasbourg, HRA, ECHR, rule of law, right to work, social and economic rights

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .