Sceptical Essays on Human Rights,9780199246694

Sceptical Essays on Human Rights

by ; ;
ISBN13: 9780199246694
ISBN10: 0199246696
Format: Hardcover
Pub. Date: 2002-02-14
Publisher(s): Oxford University Press
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Author Biography


Tom Campbell is Professor of Law at the Australian National University, Monash Keith Ewing is Professor of Public Law at King's College, London Adam Tomkins is Lecturer in Law and Fellow at St Catherine's, Oxford University

Table of Contents

List of Contributors
ix
Table of Cases
xi
Table of Treaties and Legislation
xxv
Introduction: On Being Sceptical about Human Rights
1(14)
Adam Tomkins
Part One: Scepticism and Human Rights
Constitutive Citizenship versus Constitutional Rights: Republican Reflections on the EU Charter and the Human Rights Act
15(26)
Richard Bellamy
Rights, Democracy, and Law
41(20)
Martin Loughlim
Legislative Sovereignty and the Rule of Law
61(18)
Jeffrey Goldsworthy
Incorporation through Interpretation
79(24)
Tom Campbell
The Unbalanced Constitution
103(16)
K. D. Ewing
Human Rights in a Postnational Order: Reconciling Political and Constitutional Pluralism
119(26)
Neil Walker
Part Two: The Impact and Implications of the Human Rights Act
Rights versus Devolution
145(18)
Chris Himsworth
Contested Constitutionlism: Human Rights and Deliberative Democracy in Northern Ireland
163(14)
Colin Harvey
Taking Wales Seriously
177(20)
Richard Rawlings
Scepticism under Scrutiny: Labour Law and Human Rights
197(18)
Sandra Fredman
Discrimination Law and the Human Rights Act 1998
215(28)
Aileen McColgan
Tort Law and the Human Rights Act
243(18)
Conor Gearty
Criminal Justice, Judicial Interpretation, Legal Right: On Being Sceptical about the Human Rights Act 1998
261(16)
Alan Norrie
Minority Protection and Human Rights
277(20)
Maleiha Malik
Part Three: The Experience of Elsewhere: Reasons to be Sceptical
The South African Experience of Judicial Rights Discourse: A Critical Appraisal
297(18)
Saras Jagwanth
Rights-Based Constitutional Review in Central and Eastern Europe
315(20)
Wojciech Sadurski
The Canadian Charter of Rights: Recognition, Rdistribution, and the Imperialism of the Courts
335(24)
Judy Fudge
Scepticism about Judicial Review: A Perspective from the United States
359(16)
Mark Tushnet
The Effect of a Statutory Bill of Rights where Parliament is Sovereign: The Lesson from New Zealand
375(16)
James Allan
The Australian Free Speech Experiment and Scepticism about the UK Human Rights Act
391(20)
Adrienne Stone
Index 411

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