Legislated Rights: Securing Human Rights through Legislation

Human Rights

Legislated Rights: Securing Human Rights through Legislation

Edited by Gregoire Webber,  Paul Yowell · Richard Ekins
Cambridge University Press August 2019

Specifications

ISBN-13
9781108445238
Publisher
Cambridge University Press
Publication
August 2019
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only
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Also available as

Hardback

Details

The important aspects of human wellbeing outlined in human rights instruments and constitutional bills of rights can only be adequately secured as and when they are rendered the object of specific rights and corresponding duties.

It is often assumed that the main responsibility for specifying the content of such genuine rights lies with courts. Legislated Rights: Securing Human Rights through Legislation argues against this assumption, by showing how legislatures can and should be at the centre of the practice of human rights.

This jointly authored book explores how and why legislatures, being strategically placed within a system of positive law, can help realise human rights through modes of protection that courts cannot provide by way of judicial review.

Table of Contents

1. Introduction: securing human rights through legislation
2. Rights and persons
3. Why it takes law to realise human rights
4. Legislation as reasoned action
5. From universal rights to legislated rights
6. How legislation aids human rights adjudication
7. Majoritarianism and pathologies of judicial review.
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