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The Legal Protection of Human Rights

The Legal Protection of Human Rights Sceptical Essays

Author: Tom Campbell; KD. Ewing; Adam Tompkins
Publisher: Oxford University Press
ISBN: 9780199606085
Published In: February 2011
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Provides a critical examination of Human Rights Act implementation, ten years on
Questions mainstream belief that the judiciary can provide adequate protection of human rights and offers alternative solutions for the protection of human rights
Assesses the efforts of a range of jurisdictions, including the UK, the US, Australia, and New Zealand
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.

Readership: Public law and political science academics, law and politics students, and a broad range of those involved with or interested in human rights, constitutional issues, democracy and politics.

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;

Edited by Tom Campbell, Professorial Fellow and Director of the Charles Sturt University Division of the Centre for Applied Philosophy and Public Ethics, K.D. Ewing, Professor of Public Law at King's College London, and Adam Tomkins, John Millar Professor of Public Law at the School of Law, University of Glasgow

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).

Contributors:

James Allan - Garrick Professor of Law, University of Queensland
Gavin W. Anderson - Senior Lectureer at the School of Law, University of Glasgow
Thomas Bull - Professor of Constitutional Law, Uppsala University
Joo Cheong-Tham - Senior Lecturer at the Faculty of Law, University of Melbourne
Soinaidh Douglas-Scott - Fellow of Lady Margaret Hall, University of Oxford
Carolyn Evans - Professor at the Faculty of Law, University of Melbourne
Simon Evans - Professor at the Faculty of Law, University of Melbourne
Judy Fudge - Lansdowne Chair of Law, University of Victoria, Canada
Conor Gearty - Professor of Human Rights Law, London School of Economics
Andrew Geddis - Associate Professor at the Faculty of Law, University of Auckland
Janet L. Hiebert - Professor of Political Studies, Queen's University, Kingston, Canada
Christopher Himsworth - Professor of Administrative Law, University of Edinburgh
Ran Hirschl - Canada Research Chair in Constitutionalism, Democracy and Development, University of Toronto
Joan Mahoney - Professor of Law, Wayne State University
Aileen McColgan - Professor of Law, King's College London
Jonathan Morgan - Fellow of Christ's College, University of Cambridge
Danny Nicol - Professor of Public Law, Westminster University, London
Evan Rosevear - Faculty of Law, University of Toronto
Kaarlo Tuori - Professor of Jurisprudence, University of Helsinki
Mark Tushnet - William Nelson Cromwell Professor of Law, Harvard University
Jeremy Waldron - University Professor of Law, New York University

"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"