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The Legal Protection of Human Rights: Sceptical Essays

Edited by: Tom Campbell, KD. Ewing, Adam Tompkins

ISBN13: 9780199606085
Published: February 2011
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £51.00



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Reacting to the mixed record of the UK Human Rights Act 1998 and similar enactments concerned with the protection of human rights, this book explores ways of promoting human rights more effectively through political and democratic mechanisms.

The book expresses ideological scepticism concerning the relative neglect of social and economic rights and institutional scepticism concerning the limitations of court-centred means for enhancing human rights goals in general. The contributors criticize the 'juridification' of human rights through transferring the prime responsibility for identifying human rights violations to courts and advocate the greater 'politicisation' of human rights responsibilities through such measures as enhanced parliamentary scrutiny of existing and proposed legislation.

This group of twenty-four leading human rights scholars from around the world present a variety of perspectives on the disappointing human rights outcomes of recent institutional developments and consider the prospects of reviving the moral force and political implications of human rights values.

Thus, contributors recount the failures of the Human Rights Act with regard to counter-terrorism; chart how the 'dialogue' model reduces parliaments' capacities to hold governments to account for human rights violations; consider which institutions best protect fundamental rights; and reflect on how the idea of human rights could be 'rescued' in Britain today.

In addition, the book considers the historical human rights failures of courts during the Cold War and in Northern Ireland, the diverse outcomes of human rights judicial review, and aspects of the human rights regimes in a variety of jurisdictions, including Finland, Sweden, New Zealand, Australia, Scotland, Canada, Europe, and the United States.

Subjects:
Human Rights and Civil Liberties
Contents:
1: Tom Campbell, K. D. Ewing, and Adam Tomkins: Introduction
Part One: Failures of Juridification
2: Adam Tomkins: Parliament, Human Rights and Counter-Terrorism
3: Janet L. Hiebert: Governing Like Judges?
4: Christopher Himsworth: . Human Rights at the Interface of State and Sub-State: the Case of Scotland
5: Andrew Geddis: Inter-Institutional "Rights Dialogue" under the New Zealand Bill of Rights Act
6: James Allan: Statutory Bills of Rights: You Read Words In, You Read Words Out, You Take Parliament's Clear Intention and You Shake It All About
7: Joan Mahoney: Constitutionalism, the Rule of Law and the Cold War
8: K. D. Ewing: The Cold War, Civil Liberties and the House of Lords
9: Aileen McColgan: Lessons from the Past? Northern Ireland, Terrorism Now and Then and the Human Rights Act
10: Ran Hirschl and Evan Rosevear: Constitutional Law Meets Comparative Politics: Socio-Economic Rights and Political Realities
11: Danny Nicol: Business Rights as Human Rights
12: Judy Fudge: Constitutionalizing Labour Rights in Europe
13: Sionaidh Douglas-Scott: Freedom, Security and Justice in the European Court of Justice: The Ambiguous Nature of Judicial Review
Part Two: Politicising Human Rights
14: Mark Tushnet: The Political Institutions of Rights Protection
15: Joo-Cheong Tham: Reclaiming the Political Protection of Rights: A Defence of Australian Party Politics
16: Carolyn Evans and Simon Evans: Messages from the Front Line: Parliamentarians' Perspectives on Rights Protection
17: Gavin W. Anderson: Human Rights and the Global South: Transformation from Below?
18: Kaarlo Tuori: Judicial Constitutional Review as a Last Resort: The Finnish Case
19: Thomas Bull: Preview the Swedish Way - The Law Council
20: Jeremy Waldron: Rights and the Citation of Foreign Law
21: Jonathan Morgan: Amateur Operatics: The Realization of Parliamentary Protection of Civil Liberties
22: Tom Campbell: Parliamentary Review with a Democratic Charter of Rights
23: Conor Gearty: Beyond the Human Rights Act;