The Legal Protection of Human Rights: Sceptical Essays
The Legal Protection of Human Rights: Sceptical Essays
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Abstract
Reacting to the poor record of the UK Human Rights Act 1998 and similar provisions in protecting 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 failures of court-centred means for enhancing human rights goals in general. Criticizing the ‘juridification’ of human rights through the transferring of the prime responsibility for defining human rights violations to courts and advocating the greater ‘politicization’ of human rights responsibilities through such measures as enhanced Parliamentary scrutiny of existing and proposed legislation, a group of twenty-four human rights scholars 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, one chapter recounts the Human Rights Act failures with respect to counter-terrorism legislation, another charts how the ‘dialogue’ model reduces parliaments' capacities to hold governments to accountable for human rights violations, a further chapter considers which institutions best protect fundament al rights, and another chapter reflects on how the idea of human rights could be ‘rescued’ in Britain today. Other chapters deal with the historical human rights failures of courts during the Cold War and in Northern Ireland, the diverse outcomes of human rights judicial review, and examine aspects of the human rights regimes in a variety of jurisdictions, including Finland, Sweden, New Zealand, Australia, Scotland, Canada, Europe, and the United States.
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Front Matter
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1
Introduction
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PART I FAILURES OF JURIDIFICATION
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2
Parliament, Human Rights, and Counter-Terrorism
Adam Tomkins
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3
Governing Like Judges?
Janet L. Hiebert
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4
Human Rights at the Interface of State and Sub-state: The Case of Scotland
Chris Himsworth
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5
Inter-institutional ‘Rights Dialogue’ under the New Zealand Bill of Rights Act
Andrew Geddis
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6
Statutory Bills of Rights: You Read Words In, You Read Words Out, You Take Parliament’s Clear Intention and You Shake it All About—Doin’ the Sankey Hanky Panky
James Allan
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7
Constitutionalism, the Rule of Law, and the Cold War
Joan Mahoney
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8
The Cold War, Civil Liberties, and the House of Lords
K. D. Ewing
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9
Lessons from the Past? Northern Ireland, Terrorism Now and Then, and the Human Rights Act
Aileen McColgan
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10
Constitutional Law Meets Comparative Politics: Socio-economic Rights and Political Realities
Evan Rosevear andRan Hirschl
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11
Business Rights as Human Rights
Danny Nicol
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12
Constitutionalizing Labour Rights in Europe
Judy Fudge
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13
Freedom, Security, and Justice in the European Court of Justice: The Ambiguous Nature of Judicial Review
Sionaidh Douglas-Scott
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2
Parliament, Human Rights, and Counter-Terrorism
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PART II POLITICIZING HUMAN RIGHTS
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14
The Political Institutions of Rights-Protection
Mark Tushnet
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15
Reclaiming the Political Protection of Rights: A Defence of Australian Party Politics
Joo-Cheong Tham
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16
Messages from the Front Line: Parliamentarians’ Perspectives on Rights Protection
Carolyn Evans andSimon Evans
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17
Human Rights and the Global South
Gavin W. Anderson
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18
Judicial Constitutional Review as a Last Resort
Kaarlo Tuori
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19
Judges without a Court—Judicial Preview in Sweden
Thomas Bull
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20
Rights and the Citation of Foreign Law
Jeremy Waldron
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21
Amateur Operatics: The Realization of Parliamentary Protection of Civil Liberties
Jonathan Morgan
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22
Parliamentary Review with a Democratic Charter of Rights
Tom Campbell
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23
Beyond the Human Rights Act
Conor Gearty
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14
The Political Institutions of Rights-Protection
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End Matter
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