Comments on: EU Rights as British Rights https://ohrh.law.ox.ac.uk/eu-rights-as-british-rights/ Oxford Human Rights Hub Wed, 24 Feb 2021 09:57:34 +0000 hourly 1 By: Andrew Chapman https://ohrh.law.ox.ac.uk/eu-rights-as-british-rights/#comment-183002 Tue, 03 Jan 2017 19:27:16 +0000 https://ohrh.law.ox.ac.uk/?p=58258#comment-183002 Dr Bjorge, what would you say about Double Taxation rights. Do you think that the Government could lawfully withdraw from a Double Taxation Treaty without an Act of Parliament?

Andrew

]]> By: Sean Feeney https://ohrh.law.ox.ac.uk/eu-rights-as-british-rights/#comment-182972 Wed, 16 Nov 2016 15:04:26 +0000 https://ohrh.law.ox.ac.uk/?p=58258#comment-182972 Far from being “a carefully argued contribution”, Professor Finnis’s argument is circular. It simply transfers the question of legality in Miller to double taxation treaties.

In formal logical terms it can be cast as a fallacious syllogism.

What is astonishing is that such an obvious fallacy has been endorsed by Professor Finnis’s philosophy of law colleagues at Oxford Professors Les Green and Professor Timothy Endicott.

See the published criticisms (“beg the question”) on Professor Finnis’s arguments here:

https://ukconstitutionallaw.org/2016/10/26/john-finnis-terminating-treaty-based-uk-rights/#comments

And Professor Craig’s rebuttal here:

https://ukconstitutionallaw.org/2016/11/16/robert-craig-the-abeyance-principle-and-the-frustration-principle/

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