On Fantasy Island
Britain, Europe, and Human Rights
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Product details:
- Publisher OUP Oxford
- Date of Publication 8 September 2016
- ISBN 9780198787631
- Binding Hardback
- No. of pages258 pages
- Size 220x147x25 mm
- Weight 454 g
- Language English 0
Categories
Short description:
The repeal of the Human Rights Act is one of the major political questions of our day. In an engaging insight into the fantasies and myths driving the case for repeal, Conor Gearty defends the importance of the HRA and debunks the arguments that would see a UK Bill of Rights. An essential book for all readers who want to be informed on the debate.
MoreLong description:
In the 2015 UK General Election, the Conservative party pledged to reset the UK's relations with Europe, holding an in-out referendum on membership of the European Union and repealing the Human Rights Act, to be replaced with a UK Bill of Rights. With the decision now taken to leave the EU, the future of the Human Rights Act and the UK's relations to the European Convention on Human Rights remains uncertain.
Conor Gearty, one of the country's leading experts on human rights, here dissects the myths and fantasies that drive English exceptionalism over Europe, and shape the case for repealing the Human Rights Act. He presents a passionate case for keeping the existing legal framework for protecting human rights and our relationship with the European Convention. Analysing the reform agenda from the perspective of British law, history, politics, and culture, he lays bare the misunderstandings of the human rights system that have driven the debate so far.
Structured in three parts, the book first exposes the myths that drive the anti-Human Rights Act argument. Second, Gearty outlines how the Act operates in practice and what its impact really is on the ground. Third, he looks to the future and the kind of Britain we want to live in, and how, for all its modesty, the survival or otherwise of the Human Rights Act will play a pivotal part in that future.
An excellent read and a much-needed contribution to the debate on whether the HRA should be repealed in favour of a proposed British Bill of Rights.
Table of Contents:
Introduction
I. The Fantasies
Why the Human Rights Act Matters
The Myth of the Marvellous Past
The Seductive Power of the Present
The Inevitability of Human Rights
The Supremacy of the Human Rights Act
The Supremacy of the Judges
The Supremacy of Strasbourg
A Charter for the Bad
II. The Facts
Protecting the Exposed
Making a Difference
Telling Us Who We are
III. The Future
Repeal: How Can We Tell?
British Values: Shrinking into Little England
Conclusion
