Legislated Rights: Securing Human Rights Through Legislation

ISBN-13: 9781108445238 / Angielski / Miękka / 2019 / 222 str.

Gregoire Webber; Paul Yowell; Richard Ekins

Opis

Argues that legislatures are necessary for securing human rights, and opposes theories that locate that responsibility primarily with courts.

Recenzje

'The central argument of this thought-provoking multi-authored book is that the liberal constitutionalist understanding of human rights - an understanding on which such rights are held against political institutions and interpreted and enforced principally by the courts - is confused and unjustifiable.' Thomas Adams, Cambridge Law Journal

Spis treści

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.