This thesis presents a comprehensive examination of the protection of human rights in the United Kingdom, tracing its historical trajectory from the ancient Magna Carta to the recent Brexit era. The study explores the evolution of human rights within the UK legal framework, analyzing key legal instruments, landmark cases, and political developments that have influenced human rights protection. By examining the impact of historical events on the safeguarding of human rights, as well as the implications of Brexit, this thesis aims to provide a nuanced understanding of the UK's approach to human rights over time. The Magna Carta, signed in 1215, serves as the starting point for analyzing the protection of human rights in the UK. This foundational document established principles of due process, the rule of law, and protection against arbitrary state power. Subsequent legal milestones, such as the Petition of Right (1628) and the Bill of Rights (1689), expanded upon these principles and further entrenched the rights of individuals in the face of governmental authority. The 20th century witnessed significant advancements in human rights protection within the UK. The Universal Declaration of Human Rights (UDHR) in 1948 played a pivotal role in shaping the UK's human rights discourse, providing a global framework for the protection of fundamental rights. The enactment of the Human Rights Act (1998) marked a critical turning point, incorporating the European Convention on Human Rights (ECHR) into domestic law and enabling individuals to seek redress in UK courts for violations of their human rights. The impact of Brexit on human rights protection in the UK cannot be understated. With the UK's withdrawal from the European Union, questions arose concerning the future of human rights standards and the UK's relationship with supranational bodies such as the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). The thesis examines the potential consequences of Brexit on human rights, including the implications for UK citizens' rights within the European Union and the need to preserve the rights enshrined in the ECHR. Moreover, the thesis delves into the ongoing debates surrounding the UK's post-Brexit human rights framework. It explores the government's proposals to reform the Human Rights Act, addressing concerns over judicial overreach and parliamentary sovereignty. The analysis assesses the potential impact of these reforms on the protection of human rights in the UK, examining the delicate balance between preserving individual liberties and ensuring national sovereignty. By thoroughly analyzing the historical trajectory of human rights protection in the UK, this thesis contributes to a nuanced understanding of the country's approach to human rights. It underscores the importance of key legal milestones, international instruments, and political developments in shaping the UK's human rights landscape. Furthermore, it highlights the challenges and opportunities presented by Brexit, emphasizing the need for ongoing dialogue and vigilance to ensure the continued protection of human rights in the UK in a changing legal and political context.
Storia della Protezione dei Diritti Umani nel Regno Unito: dalla Magna Carta fino alle più recenti sfide politiche.
CARONNA, ARMANDO
2022/2023
Abstract
This thesis presents a comprehensive examination of the protection of human rights in the United Kingdom, tracing its historical trajectory from the ancient Magna Carta to the recent Brexit era. The study explores the evolution of human rights within the UK legal framework, analyzing key legal instruments, landmark cases, and political developments that have influenced human rights protection. By examining the impact of historical events on the safeguarding of human rights, as well as the implications of Brexit, this thesis aims to provide a nuanced understanding of the UK's approach to human rights over time. The Magna Carta, signed in 1215, serves as the starting point for analyzing the protection of human rights in the UK. This foundational document established principles of due process, the rule of law, and protection against arbitrary state power. Subsequent legal milestones, such as the Petition of Right (1628) and the Bill of Rights (1689), expanded upon these principles and further entrenched the rights of individuals in the face of governmental authority. The 20th century witnessed significant advancements in human rights protection within the UK. The Universal Declaration of Human Rights (UDHR) in 1948 played a pivotal role in shaping the UK's human rights discourse, providing a global framework for the protection of fundamental rights. The enactment of the Human Rights Act (1998) marked a critical turning point, incorporating the European Convention on Human Rights (ECHR) into domestic law and enabling individuals to seek redress in UK courts for violations of their human rights. The impact of Brexit on human rights protection in the UK cannot be understated. With the UK's withdrawal from the European Union, questions arose concerning the future of human rights standards and the UK's relationship with supranational bodies such as the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). The thesis examines the potential consequences of Brexit on human rights, including the implications for UK citizens' rights within the European Union and the need to preserve the rights enshrined in the ECHR. Moreover, the thesis delves into the ongoing debates surrounding the UK's post-Brexit human rights framework. It explores the government's proposals to reform the Human Rights Act, addressing concerns over judicial overreach and parliamentary sovereignty. The analysis assesses the potential impact of these reforms on the protection of human rights in the UK, examining the delicate balance between preserving individual liberties and ensuring national sovereignty. By thoroughly analyzing the historical trajectory of human rights protection in the UK, this thesis contributes to a nuanced understanding of the country's approach to human rights. It underscores the importance of key legal milestones, international instruments, and political developments in shaping the UK's human rights landscape. Furthermore, it highlights the challenges and opportunities presented by Brexit, emphasizing the need for ongoing dialogue and vigilance to ensure the continued protection of human rights in the UK in a changing legal and political context.File | Dimensione | Formato | |
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https://hdl.handle.net/20.500.14240/104655