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Article
Human Rights? No Thanks We’re English! Anti-Convergence Thesis Revisited
European Journal of Comparative Law and Governance (2016)
  • Jaakko Husa
Abstract
Twenty years ago a still ongoing scholarly debate started over the future direction of law in Europe. The lines of battle were drawn between the convergence and non-convergence theories. This paper re-examines and discusses the non-convergence theory and its take on English common law’s legal cultural key elements in the light of the human rights debate. The aim is to highlight human rights tensions within UK public law by applying a culturally oriented comparative law approach. The focus of the analysis is on the Human Rights Act and the way in which it has been adapted to the legal system. It is argued that the legal cultural perspective provides beneficial aspects for understanding the Human Rights Act centred debate without reducing it exclusively to politics. At least partially this debate is catalysed by continental civil law type features that the Human Rights Act transferred into common law.
Keywords
  • comparative law,
  • common law,
  • human rights,
  • legal culture,
  • English law
Disciplines
Publication Date
Summer August 1, 2016
DOI
10.1163/22134514-00303002
Citation Information
Jaakko Husa. "Human Rights? No Thanks We’re English! Anti-Convergence Thesis Revisited" European Journal of Comparative Law and Governance Vol. 3 Iss. 3 (2016) p. 229 - 253 ISSN: 2213-4506
Available at: http://works.bepress.com/jaakko_husa/34/