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Bills of Rights and DecolonizationThe Emergence of Domestic Human Rights Instruments in Britain's Overseas Territories$
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Charles Parkinson

Print publication date: 2007

Print ISBN-13: 9780199231935

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199231935.001.0001

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The protection of rights in Britain and the protection of rights in its territories during colonial rule and at independence

The protection of rights in Britain and the protection of rights in its territories during colonial rule and at independence

Chapter:
(p.21) 2 The protection of rights in Britain and the protection of rights in its territories during colonial rule and at independence
Source:
Bills of Rights and Decolonization
Author(s):

Charles O.H. Parkinson

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199231935.003.0002

This chapter sets out the intellectual history of the protection of rights in English constitutional thought from 1689 to present, and how this approach to protecting rights was translated to the British overseas territories. It then assesses how the mechanisms for the protection of rights in the overseas territories operated during times of emergency and considers human rights violations in the colonial territories. The impact upon the British attitude to human rights in its colonial territories as a result of Britain's international obligations under the League of Nations and the United Nations as well as the European Convention on Human Rights is considered. Finally, the use of constitutionally entrenched rights in former colonies granted independence prior to 1950 is described.

Keywords:   British Empire, protection of rights, British common law, attitudes to bills of rights, European Convention on Human Rights, independence constitutions, bills of rights

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