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Vol 21 No 11 Nov/Dec 2016

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Bills of Rights and Decolonization: The Emergence of Domestic Human Rights Instruments in Britian's Overseas Territories


ISBN13: 9780199231935
Published: November 2007
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £95.00



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Bills of Rights and Decolonization analyzes the British Government's radical change in policy during the late 1950s on the use of bills of rights in colonial territories nearing independence. More broadly it explores the political dimensions of securing the protection of human rights at independence and the peaceful transfer of power through constitutional means.

This book fills a major gap in the literature on British and Commonwealth law, history, and politics by documenting how bills of rights became commonplace in Britain's former overseas territories. It provides a detailed empirical account of the origins of the bills of rights in Britain's former colonial territories in Africa, the West Indies and South East Asia as well as in the Atlantic and Pacific Oceans. It sheds light on the development of legal systems at the point of gaining independence and raises questions about the colonial influence on the British legal establishment's change in attitude towards bills of rights in the late twentieth century.

It presents an alternative perspective on the end of Empire by focusing upon one aspect of constitutional decolonization and the importance of the local legal culture in determining each dependency's constitutional settlement and provides a series of empirical case studies on the incorporation of human rights instruments into domestic constitutions when negotiated between a state and its dependencies. More generally this book highlights Britain's human rights legacy to its former Empire, and traces the genesis of the bills of rights of over thirty nations from the Commonwealth.

Subjects:
Human Rights and Civil Liberties, Legal History
Contents:
1. Introduction
2. The Protection of Rights in Britain and the Protection of Rights in its Territories During Colonial Rule and at Independence
3. Sudan
4. Malaya
5. Ghana
6. Nigeria
7. West Indies
8. East Africa
9. Epilogue: A Policy on Bills of Rights
10. Conclusions

Series: Oxford Studies in Modern Legal History

Lords of the Land: Indigenous Property Rights and the Jurisprudence of Empire ISBN 9780199568659
Published November 2011
Oxford University Press
£82.00
A Jurisprudence of Power: Victorian Empire and the Rule of Law ISBN 9780199551941
Published September 2008
Oxford University Press
£43.49
A History of Water Rights at Common Law ISBN 9780199207602
Published June 2006
Oxford University Press
£34.99
A Jurisprudence of Power: Victorian Empire and the Rule of Law ISBN 9780198260769
Published December 2005
Oxford University Press
£100.00
The Origins of Adversary Criminal Trial
John H. LangbeinSterling Professor of Law and Legal History, Yale University, USA
ISBN 9780199287239
Published September 2005
Oxford University Press
£33.99
The Origins of Adversary Criminal Trial (eBook)
John H. LangbeinSterling Professor of Law and Legal History, Yale University, USA
ISBN 9780191024498
Published September 2005
Oxford University Press
£28.32 + £5.66 VAT
(ePub)
Buy
A History of Water Rights at Common Law
Joshua GetzlerFellow in Law, St Hugh's College, Oxford and Lecturer, University of Oxford
ISBN 9780198265818
Published March 2005
Oxford University Press
£83.00
Frederick Pollock and the English Juristic Tradition ISBN 9780199270224
Published October 2004
Oxford University Press
£95.00
The Origins of Adversary Criminal Trial
John H. LangbeinSterling Professor of Law and Legal History, Yale University, USA
ISBN 9780199258888
Published June 2003
Oxford University Press
£51.00
Private Property and Abuse of Rights in Victorian England ISBN 9780199256877
Published May 2003
Oxford University Press
£78.00
Advocacy and the Making of the Adversarial Criminal Trial 1800-1865 ISBN 9780198262848
Published July 1999
Oxford University Press
£83.00