Based on the 53rd series of Hamlyn Lectures presented by Professor Andrew Ashworth, this book explores the justification for honouring human rights in the context of criminal procedure, and subsequently examines the way in which both the Strasbourg Court and the British Courts have dealt with the problem of whether to uphold human rights when faced with pressing arguments of public interest. The British government's approach to this conflict is also considered.
The book focuses upon some of the key debates in contemporary law and politics, including:
* Are human rights just rhetorical aspirations?
* Are we developing a "human rights culture" in this country?
* Should procedural rights give way in the face of "public safety" arguments?
Contents include: I Why Bother With Rights When Public Safety is at Risk?: introduction; the value of accuracy; process values and legitimacy; exploring procedural fairness; conflicting goals, conflicting pressures. II The Strasbourg Court and the British Response to Strasbourg: the early years; public safety and Article 6; British courts and the public interest; the strength of "public interest" arguments; human rights and the critics. III Taking a Balanced View of the "Public Interest": greater safeguards for serious crime; developing a human rights culture; no rights without responsibilities; rights and risk; avoiding human rights; war, fights and the relegation of human rights.