Overview

This volume addresses two important issues surrounding human rights in both law and politics. First, it considers the content and form of human rights. What is and what is not to be counted as a human right, and what does it mean to identify a right as a human right? Secondly it considers the implementation of human rights. What are the most effective and legitimate means of promoting human rights? Both of these issues raise profound moral questions within legal and political philosophy. The contributions within this volume address the conceptual and moral issues deriving from the expansion of rights discourse and explore the variety of institutional mechanisms that may be adopted to protect and further human rights. At the same time, they illustrate the complex relationship between defining human rights and adopting particular modes of institutional implementation.

Full Product Details

Author:   Tom Campbell (, Professorial Fellow, Centre for Applied Philosophy and Public Ethics, Charles Sturt University) ,  Jeffrey Goldsworthy (, Professor of Law, Faculty of Law, Monash University) ,  Adrienne Stone (, Fellow, Law Program, Research School of Social Sciences, Australian National University)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.30cm , Height: 2.40cm , Length: 24.20cm
Weight:   0.655kg
ISBN:  

9780199264063

ISBN 10:   0199264066
Pages:   366
Publication Date:   02 October 2003
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

Adrienne Stone: Introduction Part I: Conceptual Boundaries and Functions of Human Rights 1: Tom Campbell: Human Rights: The Shifting Boundaries 2: Larry Alexander: Freedom of Expression as a Human Right 3: Mark A. Nolan and Penelope J. Oakes: Human Rights Concepts in Australian Political Debate 4: Robin West: Human Rights, Rule of Law, and American Constitutionalism Part II: Democratic Foundations 5: Richard S. Kay: Rights, Rules, and Democracy 6: Julie Debeljak: Rights and Democracy: A Reconciliation of the Institutional Debate 7: David Tucker: Representation-Reinforcing Review: Comparing Experiences in the United States and Australia 8: James Allan: A Defence of the Status Quo 9: David Dyzenhaus: Aspiring to the Rule of Law Part III: Institutional Designs 10: Mark Tushnet: Non-judicial Review 11: Janet L. Hiebert: Parliament and Rights 12: George Williams: Constructing a Community-Based Bill of Rights Model 13: Jeffrey Goldsworthy: Judicial Review, Legislative Override, and Democracy 14: Dianne Otto: Addressing Homelessness: Does Australia's Indirect Implementation of Human Rights Comply with its International Obligations? 15: Steven Curry: Indigenous Rights 16: K. D. Ewing: The Case for Social Rights

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Author Information

Tom Campbell is Professorial Fellow at the Centre for Applied Philosophy and Public Ethics, Charles Sturt University. Jeffrey Goldsworthy is Professor of Law in the Faculty of Law, Monash University. Adrienne Stone is a Fellow in the Law Program at the Research School of Social Sciences, Australian National University.

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