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Bills of Rights and Decolonization - The Emergence of Domestic Human Rights Instruments in Britain's Overseas Territories (Hardcover)
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Bills of Rights and Decolonization - The Emergence of Domestic Human Rights Instruments in Britain's Overseas Territories (Hardcover)
Series: Oxford Studies in Modern Legal History
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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
also 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.
Bills of Rights and Decolonization 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.
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