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Sceptical Essays on Human Rights
460
by Tom Campbell (Editor), K. D. Ewing (Editor), Adam Tomkins (Editor)
Tom Campbell
Sceptical Essays on Human Rights
460
by Tom Campbell (Editor), K. D. Ewing (Editor), Adam Tomkins (Editor)
Tom Campbell
Hardcover
$185.00
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Overview
Britain's Human Rights Act 1998 is the latest in a wave of legislative and constitutional instruments that have been passed in a number of countries (including Canada, New Zealand and South Africa) and which put human rights at the top of the public law agenda. For the most part these instruments are widely welcomed by senior judges and by academic and practicing lawyers, many of whom will have campaigned for their introduction. There are, however, very considerable doubts about the wisdom of these developments within the democratic tradition of government which remain unanswered. This collection of 20 essays written by an array of internationally prestigious scholars explores these reservations.
All the contributors endorse the importance of human rights within any democratic system of government, but question whether the primary responsibility for the articulation of these rights ought to be taken away from the normal political processes of representative government; they also consider the constitutional implications of doing so. Specifically, the extensive shift of political authority to the judiciary which is involved in Britain's Human Rights Act is critically examined and other ways of specifying and promoting human rights in more democratic forums are considered. Particular attention is paid to the priority which should be given to economic and social rights within the new constitutional settlement. Overseas contributions, ranging from Eastern Europe to South Africa, via North America and Australasia, illustrate the pitfalls of importing other constitutional models.
Written throughout in an engaging and accessible style, this book is essential reading for all those with an interest in law or politics.
All the contributors endorse the importance of human rights within any democratic system of government, but question whether the primary responsibility for the articulation of these rights ought to be taken away from the normal political processes of representative government; they also consider the constitutional implications of doing so. Specifically, the extensive shift of political authority to the judiciary which is involved in Britain's Human Rights Act is critically examined and other ways of specifying and promoting human rights in more democratic forums are considered. Particular attention is paid to the priority which should be given to economic and social rights within the new constitutional settlement. Overseas contributions, ranging from Eastern Europe to South Africa, via North America and Australasia, illustrate the pitfalls of importing other constitutional models.
Written throughout in an engaging and accessible style, this book is essential reading for all those with an interest in law or politics.
Product Details
| ISBN-13: | 9780199246694 |
|---|---|
| Publisher: | Oxford University Press |
| Publication date: | 02/14/2002 |
| Pages: | 460 |
| Product dimensions: | 6.30(w) x 9.30(h) x 1.40(d) |
About the Author
Edited by Tom Campbell, Professor of Law, Australian National University, Keith Ewing, Professor of Public Law, King's College London, and Adam Tomkins, Lecturer in Law, University of Oxford
Table of Contents
1: Adam Tomkins, St Catherine's College, Oxford: Introduction1: Scepticism and Human Rights
2: Richard Bellamy, University of Reading: Political Citizenship versus Fundamental Rights
3: Martin Loughlin, London School of Economics: Rights, Democracy, and the Nature of the Legal Order
4: Keith Ewing, King's College London: The Unbalanced Constitution
5: Neil Walker, European University Institute: Human Rights in a Postnational Order: Reconciling Political and Constitutional Pluralism
6: Jeffrey Goldsworthy, Monash University: Rights, Sovereignty, and 'the People'
7: Tom Campbell, Australian National University: Incorporation through Interpretation
2: The Impact and Implications of the Human Rights Act
8: Chris Himsworth, University of Edinburgh: Rights Versus Devolution
9: Colin Harvey, University of Leeds: Human Rights in Northern Ireland
10: Richard Rawlings, London School of Economics: Taking Wales Seriously
11: Sandra Fredman, Exeter College, Oxford: Scepticism under Scrutiny: Labour Law and Human Rights
12: Aileen McColgan, King's College London: Discrimination Law and the Human Rights Act
13: Conor Gearty, King's College London: Tort Law and the Human Rights Act
14: Alan Norrie, King's College London: Criminal Justice, Legal Rights, Judicial Interpretation: On Being Sceptical about the Human Rights Act
15: Maleiha Malik , King's College London: Minority Protection and Human Rights
3: The Experience of Elsewhere: Reasons to be Sceptical
16: Judy Fudge, Osgoode Hall Law School, York University: The Canadian Charter of Rights: Recognition, Redistribution, and the Imperialism of the Courts
17: Saras Jagwanth, University of Cape Town: The South African Experience
18: Wojciech Sadurski, European University Institute: Postcommunist Central Europe
19: Mark Tushnet, Georgetown University: Scepticism about Judicial Review: A Perspective from the United States
20: Jim Allan, University of Otago: The New Zealand Bill of Rights Act: Lessons for the UK?
21: Adrienne Stone, Australian National University: The Australian Free Speech Experiment and Scepticism about the Human Rights Act
Index
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