Legislated Rights: Securing Human Rights Through Legislation

ISBN-13: 9781108426572 / Angielski / Twarda / 2018 / 218 str.

Graegoire C. N. Webber

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.