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Vol 21 No 10 Oct/Nov 2016

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Protecting Human Rights: Instruments and Institutions

Edited by: Tom Campbell

ISBN13: 9780199264063
ISBN: 0199264066
Published: February 2003
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £95.00



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This volume addresses two important issues surrounding human rights in both law and politics. First, it considers the content and form of human rights. What is and what is not to be counted as a human right, and what does it mean to identify a right as a human right? Secondly it considers the implementation of human rights. What are the most effective and legitimate means of promoting human rights? Both of these issues raise profound moral questions within legal and political philosophy.

The contributions within this volume address the conceptual and moral issues deriving from the expansion of rights discourse and explore the variety of institutional mechanisms that may be adopted to protect and further human rights. At the same time, they illustrate the complex relationship between defining human rights and adopting particular modes of institutional implementation.

Contents:
Introduction
PART I: CONCEPTUAL BOUNDARIES AND FUNCTIONS OF HUMAN RIGHTS
1. Human Rights: The Shifting Boundaries
2. Freedom of Expression as a Human Right
3. Human Rights Concepts in Australian Political Debate
4. Human Rights, Rule of Law, and American Constitutionalism
PART II: DEMOCRATIC FOUNDATIONS
5. Rights, Rules, and Democracy
6. Rights and Democracy: A Reconciliation of the Institutional Debate
7. Representation-Reinforcing Review: Comparing Experiences in the United States and Australia
8. A Defence of the Status Quo
9. Aspiring to the Rule of Law
PART III: INSTITUTIONAL DESIGNS
10. Non-judicial Review
11. Parliament and Rights
12. Constructing a Community-Based Bill of Rights Model
13. Judicial Review, Legislative Override, and Democracy
14. Addressing Homelessness: Does Australia's Indirect Implementation of Human Rights Comply with its International Obligations?
15. Indigenous Rights
16. The Case for Social Rights