Book section : Chapter
A great forgetting: common law, natural law and the Human Rights Act
- Abstract:
- The enactment of the Human Rights Act 1998 is often heralded as a watershed moment within UK public law. It ‘brought rights home’, returning to British soil an international convention that was largely crafted by UK lawyers and politicians, informed by the common law tradition. Yet the fact that there was a perceived need for domestic incorporation signals a tension between such rights as they were envisaged within their common law home and what they became once they had flown the coop and fell in with a different crowd. These are not the same children we sent out into the world. They have grown and changed and, in doing so, some things were gained. And some lost....
- Publication status:
- Published
- Peer review status:
- Peer reviewed
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- Files:
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(Preview, Version of record, pdf, 967.3KB, Terms of use)
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- Publisher copy:
- 10.5040/9781509963737.ch-004
- Publisher:
- Hart Publishing
- Host title:
- Sceptical Perspectives on the Changing Constitution of the United Kingdom
- Pages:
- 77-106
- Chapter number:
- 4
- Place of publication:
- Oxford
- Publication date:
- 2023-03-27
- Edition:
- 1
- DOI:
- EISBN:
- 9781509963737
- ISBN:
- 9781509963706
- Language:
-
English
- Subtype:
-
Chapter
- Pubs id:
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2286406
- Local pid:
-
pubs:2286406
- Deposit date:
-
2025-09-06
Terms of use
- Copyright holder:
- Michael Foran
- Copyright date:
- 2023
- Rights statement:
- © The editors and contributors severally 2023.
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