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The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver Jun 2000

The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver

University of Michigan Journal of Law Reform

Into a steadfastly conservative constitutional landscape, the United Kingdom Parliament has now introduced a Bill of Rights, the Human Rights Act of 1998, which takes effect in October 2000. The Act provides for a full catalogue of civil and political rights which are enforceable by the courts. This development raises two questions in evaluating the future of English law. First, does this signify the dawn of a new British radicalism? And second, why has it happened now? In answering these questions in relation to England and Wales, Part I of this Article provides an introduction to the traditional treatment of …


History Unbecoming, Becoming History, Toni M. Massaro Jan 2000

History Unbecoming, Becoming History, Toni M. Massaro

Michigan Law Review

The last few decades have seen a torrent of legal commentary supporting gay equality and attacking the punishment, failure to protect, and refusal to affirm gay conduct and identity. William Eskridge, a prominent voice in this fin-de-siecle literature, now draws together and expands on his previous work in Gaylaw: Challenging the Apartheid of the Closet. Though far more successful in shaping the uses of the past than in showing the way to the future, the book instructs even where it fails. It augurs a century that could well witness the end of official discrimination against gay individuals, and the relegation …