Sceptical Essays on Human Rights

Paperback | December 20, 2001

EditorTom Campbell, Keith Ewing, Adam Tomkins

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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 theseinstruments are widely welcomed by senior judges and by academic and practising 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 remainunanswered. 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 considerthe 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. Particularattention 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.

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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 theseinstruments are widely welcomed by senior judges and...

Tom Campbell is Professor of Law at the Australian National University, Monash Keith Ewing is Professor of Public Law at King's College, London Adam Tomkins is Lecturer in Law and Fellow at St Catherine's, Oxford University

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Format:PaperbackDimensions:460 pages, 9.21 × 6.14 × 0.87 inPublished:December 20, 2001Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199246688

ISBN - 13:9780199246687

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Table of Contents

1. Adam Tomkins, St Catherine's College, Oxford: Introduction1: Scepticism and Human Rights2. Richard Bellamy, University of Reading: Political Citizenship versus Fundamental Rights3. Martin Loughlin, London School of Economics: Rights, Democracy, and the Nature of the Legal Order4. Keith Ewing, King's College London: The Unbalanced Constitution5. Neil Walker, European University Institute: Human Rights in a Postnational Order: Reconciling Political and Constitutional Pluralism6. Jeffrey Goldsworthy, Monash University: Rights, Sovereignty, and 'the People'7. Tom Campbell, Australian National University: Incorporation through Interpretation2: The Impact and Implications of the Human Rights Act8. Chris Himsworth, University of Edinburgh: Rights Versus Devolution9. Colin Harvey, University of Leeds: Human Rights in Northern Ireland10. Richard Rawlings, London School of Economics: Taking Wales Seriously11. Sandra Fredman, Exeter College, Oxford: Scepticism under Scrutiny: Labour Law and Human Rights12. Aileen McColgan, King's College London: Discrimination Law and the Human Rights Act13. Conor Gearty, King's College London: Tort Law and the Human Rights Act14. Alan Norrie, King's College London: Criminal Justice, Legal Rights, Judicial Interpretation: On Being Sceptical about the Human Rights Act15. Maleiha Malik , King's College London: Minority Protection and Human Rights3: The Experience of Elsewhere: Reasons to be Sceptical16. Judy Fudge, Osgoode Hall Law School, York University: The Canadian Charter of Rights: Recognition, Redistribution, and the Imperialism of the Courts17. Saras Jagwanth, University of Cape Town: The South African Experience18. Wojciech Sadurski, European University Institute: Postcommunist Central Europe19. Mark Tushnet, Georgetown University: Scepticism about Judicial Review: A Perspective from the United States20. 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 ActIndex

Editorial Reviews

`... 21 essays written by an array of prestigious scholars with expertise in domestic and international law.'Morning Star, 12 Aug 2002