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RIGHTS AND FUNDAMENTAL RIGHTS IN ENGLISH LAW

Abstract
Abstract

This paper examines the role of rights and fundamental rights in English public law and private law in recent times. It argues that the idea of fundamental rights has been more significant in the filed of public law and seeks to explain why. It compares the operation of domestic fundamental rights with the rights in the European Convention of Human Rights and suggests a methodology for identifying the existence and scope of the former. The paper considers the possible legal effects which might follow from repeal of the Human Rights Act 1998.

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Corresponding author
Address for Correspondence: Royal Courts of Justice, London WC2A 2LL. Email: Lordjustice.Sales@ejudiciary.net.
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The Cambridge Law Journal
  • ISSN: 0008-1973
  • EISSN: 1469-2139
  • URL: /core/journals/cambridge-law-journal
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