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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.
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.
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
Educated in Britain, Tom Campbell was Professor of Philosophy at
the University of Stirling and Professor of Jurisprudence at the
University of Glasgow before being appointed Professor of Law at
the Australian National University and then Professorial Fellow in
the Centre for Applied Philosophy and Public Ethics (CAPPE) at
Charles Sturt University. He is the author and editor of several
books, including Seven Theories of Human Society, Rights,
and Justice.
Keith Ewing is Professor of Public Law at King's College London,
and is one of the country's leading civil liberties lawyers. He is
the author of Freedom under Thatcher: Civil Liberties in Modern
Britain (with Conor Gearty) and his other books include Bonfire of
the Liberties, The Right to Strike and The Struggle for Civil
Liberties (also with Conor Gearty).
Adam Tomkins has held the John Millar Chair in Public Law at the
University of Glasgow since 2003. Prior to that he taught at St
Catherine's College, Oxford, and at King's College London. He is
the author of a number of books, including the Clarendon Law Series
title Public Law and also British Government and the Constitution
(with Colin Turpin).
`The collection of essays in this volume represents a significant
scholarly contribution to debates about the Human Rights Act 1998,
supporting a broadening of focus, from the internal content of
rights' jurisprudence to a consideration of alternative means of
their protection.'
Tomas Hamilton, The Howard Journal of Criminal Justice
`This is a rich and detailed volume to which a short review cannot
do justice.'
Christopher May, Political Studies Review
`The book is meticulously foot noted and, for the convenience of
practitioners, academics and students alike, there are copious
tables of cases, treaties and legislation.'
Phillip Taylor of Richmond Green Chambers
`...this book has done a worthy service in adding argument and
ammunition to this debate, the outcome of which will certainly
affect us all.'
"The Report"
`Together with the extensive referencing and comprehensive use of
cases and statues, this book can be a valuable resource for
academics and their students, as well as practitioners.'
Gerald Schaefer. The Cambrian Law Review 2011
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