Book contents
- Frontmatter
- Contents
- Preface
- Acknowledgements
- PART I History
- PART II Law
- PART III Justice
- 24 The right to know
- 25 The moral economy of judicial review
- 26 Policy and law
- 27 Responsibility and the law
- 28 The Crown in its own courts
- 29 Human rights – who needs them?
- 30 Fundamental values – but which?
- 31 Overcoming pragmatism
- 32 Sex, libels and video-surveillance
- 33 This beats me
- 34 Public inquiries: a cure or a disease?
- 35 Human rights: a twenty-first century agenda
- 36 Are human rights universal, and does it matter?
- 37 Bringing rights home: time to start a family?
- 38 The four wise monkeys visit the marketplace of ideas
- Index
37 - Bringing rights home: time to start a family?
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Preface
- Acknowledgements
- PART I History
- PART II Law
- PART III Justice
- 24 The right to know
- 25 The moral economy of judicial review
- 26 Policy and law
- 27 Responsibility and the law
- 28 The Crown in its own courts
- 29 Human rights – who needs them?
- 30 Fundamental values – but which?
- 31 Overcoming pragmatism
- 32 Sex, libels and video-surveillance
- 33 This beats me
- 34 Public inquiries: a cure or a disease?
- 35 Human rights: a twenty-first century agenda
- 36 Are human rights universal, and does it matter?
- 37 Bringing rights home: time to start a family?
- 38 The four wise monkeys visit the marketplace of ideas
- Index
Summary
This paper was given as the Mishcon Lecture at University College, London, in late 2007. Not quite a decade after the passing of the Human Rights Act, it picked up the initial intent which was now coming again to the top of the political agenda – the possibility of enhancing, rather than diluting or abandoning, the European Convention.
If you had asked an eighteenth- or nineteenth-century Englishman about his country's constitution, you would not have got the baffled look you get today. The belief that a constitution is a document and that we do not have one is a comparatively recent phenomenon. Mr Podsnap was in no doubt whatever about the reality of a constitution that nobody could actually see:
‘And Do You Find, Sir,’ pursued Mr Podsnap, with dignity, ‘Many Evidences that Strike You, of our British Constitution in the Streets of the World's Metropolis, London, Londres, London?’
The foreign gentleman begged to be pardoned, but did not altogether understand …
‘I merely referred,’ Mr Podsnap explained, with a sense of meritorious proprietorship, ‘to Our Constitution, Sir. We Englishmen are Very Proud of our Constitution, Sir. It Was Bestowed Upon Us By Providence. No Other Country is so Favoured as This Country.’
It's therefore worth being cautious about proposed constitutions, whether for Europe or for Great Britain, because in one form or another both already have constitutions. You do not have to be a state to have one: every off-the-shelf company, trade union branch and golf club has a constitution.
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- Chapter
- Information
- Ashes and SparksEssays On Law and Justice, pp. 377 - 390Publisher: Cambridge University PressPrint publication year: 2011