Lordul Neuberger de Abbotsbury, Echitatea drepturilor omului
Lord Neuberger of Abbotsbury, The equity of human rights

Summary/Abstract: “I move on to discuss what I take to be the equity of human rights; that is to say our commitment to the rule of just law and constitutionality – a commitment which like the maxims of equity has long formed part of our society’s legal framework. It is a commitment which, long before the Human Rights Act 1998, the European Convention on Human Rights or, even the US Bill of Rights, has underpinned, and continues to inform, our constitutional development and its commitment to constitutional justice. In this country, amid the clash of arms, the laws are not silent. They may be changed, but they speak the same language in war as in peace. It has always been one of the pillars of freedom, one of the principles of liberty for which on recent authority we are now fighting, that the judges are no respecters of persons and stand between the subject and any attempted encroachments on his liberty by the executive, alert to see that any coercive action is justified in law. Victory without law and the rule of just law would have been no victory at all. That is what Lord Atkin teaches us. That is what the clash between Caesar, Clodius and Cicero teaches us. It is what our commitment to constitutionality, the rule of just law and to human rights, such as the right to fair trial and the right to liberty and security teaches us. It is a commitment to, as I said at the outset, the equity of human rights.”

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