Description
Book SynopsisReacting 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
Trade ReviewThe collection of essays in this volume represents a significant scholarly contribution to debates about the Human Rights Act 1998, supporting a broadening of focus, from the internal content of rights' jurisprudence to a consideration of alternative means of their protection. * Tomas Hamilton, The Howard Journal of Criminal Justice *
This is a rich and detailed volume to which a short review cannot do justice. * Christopher May, Political Studies Review *
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" *
Together with the extensive referencing and comprehensive use of cases and statues, this book can be a valuable resource for academics and their students, as well as practitioners. * Gerald Schaefer. The Cambrian Law Review 2011 *
Table of Contents1. Introduction ; PART ONE: FAILURES OF JURIDIFICATION ; 2. Parliament, Human Rights and Counter-Terrorism ; 3. Governing Like Judges? ; 4. . Human Rights at the Interface of State and Sub-State: the Case of Scotland ; 5. Inter-Institutional "Rights Dialogue" under the New Zealand Bill of Rights Act ; 6. 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. Constitutionalism, the Rule of Law and the Cold War ; 8. The Cold War, Civil Liberties and the House of Lords ; 9. Lessons from the Past? Northern Ireland, Terrorism Now and Then and the Human Rights Act ; 10. Constitutional Law Meets Comparative Politics: Socio-Economic Rights and Political Realities ; 11. Business Rights as Human Rights ; 12. Constitutionalizing Labour Rights in Europe ; 13. Freedom, Security and Justice in the European Court of Justice: The Ambiguous Nature of Judicial Review ; PART TWO: POLITICISING HUMAN RIGHTS ; 14. The Political Institutions of Rights Protection ; 15. Reclaiming the Political Protection of Rights: A Defence of Australian Party Politics ; 16. Messages from the Front Line: Parliamentarians' Perspectives on Rights Protection ; 17. Human Rights and the Global South: Transformation from Below? ; 18. Judicial Constitutional Review as a Last Resort: The Finnish Case ; 19. Preview the Swedish Way - The Law Council ; 20. Rights and the Citation of Foreign Law ; 21. Amateur Operatics: The Realization of Parliamentary Protection of Civil Liberties ; 22. Parliamentary Review with a Democratic Charter of Rights ; 23. Beyond the Human Rights Act
