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Human Rights and the End of EmpireBritain and the Genesis of the European Convention$
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A. W Brian Simpson

Print publication date: 2004

Print ISBN-13: 9780199267897

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199267897.001.0001

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Human Rights, Fundamental Freedoms, and the World of the Common Law

Human Rights, Fundamental Freedoms, and the World of the Common Law

Chapter:
(p.1) 1 Human Rights, Fundamental Freedoms, and the World of the Common Law
Source:
Human Rights and the End of Empire
Author(s):

A. W. BRAIN SIMPSON

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199267897.003.0001

This chapter emphasizes the need for a special explanation as to why Britain, whose legal culture was traditionally hostile to the adoption of formal bills of rights, came to play a major role in the negotiations. It examines the theory of rights protection to be found in Blackstone and earlier writers, and analyses the influence of Dicey's writings on common law culture. It concludes by considering whether Britain was indeed a paradise of rights protection, as regularly claimed by common lawyers, even though it had no entrenched bill of rights.

Keywords:   legal culture, Blackstone, Dicey, common law, bill of rights, rights protection

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