Overview

Britain's Human Rights Act 1998 is the latest in a wave of legislative and constitutional instruments that have been passed in a number of countries (including Canada, New Zealand and South Africa) and which put human rights at the top of the public law agenda. For the most part these instruments are widely welcomed by senior judges and by academic and practising lawyers, many of whom will have campaigned for their introduction. There are, however, very considerable doubts about the wisdom of these developments within the democratic tradition of government which remain unanswered. This collection of 20 essays written by an array of internationally prestigious scholars explores these reservations. All the contributors endorse the importance of human rights within any democratic system of government, but question whether the primary responsibility for the articulation of these rights ought to be taken away from the normal political processes of representative government; they also consider the constitutional implications of doing so. Specifically, the extensive shift of political authority to the judiciary which is involved in Britain's Human Rights Act is critically examined and other ways of specifying and promoting human rights in more democratic forums are considered. Particular attention is paid to the priority which should be given to economic and social rights within the new constitutional settlement. Overseas contributions, ranging from Eastern Europe to South Africa, via North America and Australasia, illustrate the pitfalls of importing other constitutional models. Written throughout in an engaging and accessible style, this book is essential reading for all those with an interest in law or politics.

Full Product Details

Author:   Tom Campbell (Professor of Law, Professor of Law, Australian National University) ,  Keith Ewing (Professor of Public Law, Professor of Public Law, King's College London) ,  Adam Tomkins (Lecturer in Law, Lecturer in Law, University of Oxford)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 15.70cm , Height: 2.20cm , Length: 23.50cm
Weight:   0.672kg
ISBN:  

9780199246687

ISBN 10:   0199246688
Pages:   460
Publication Date:   20 December 2001
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

1: Adam Tomkins, St Catherine's College, Oxford: Introduction 1: Scepticism and Human Rights 2: Richard Bellamy, University of Reading: Political Citizenship versus Fundamental Rights 3: Martin Loughlin, London School of Economics: Rights, Democracy, and the Nature of the Legal Order 4: Keith Ewing, King's College London: The Unbalanced Constitution 5: Neil Walker, European University Institute: Human Rights in a Postnational Order: Reconciling Political and Constitutional Pluralism 6: Jeffrey Goldsworthy, Monash University: Rights, Sovereignty, and 'the People' 7: Tom Campbell, Australian National University: Incorporation through Interpretation 2: The Impact and Implications of the Human Rights Act 8: Chris Himsworth, University of Edinburgh: Rights Versus Devolution 9: Colin Harvey, University of Leeds: Human Rights in Northern Ireland 10: Richard Rawlings, London School of Economics: Taking Wales Seriously 11: Sandra Fredman, Exeter College, Oxford: Scepticism under Scrutiny: Labour Law and Human Rights 12: Aileen McColgan, King's College London: Discrimination Law and the Human Rights Act 13: Conor Gearty, King's College London: Tort Law and the Human Rights Act 14: Alan Norrie, King's College London: Criminal Justice, Legal Rights, Judicial Interpretation: On Being Sceptical about the Human Rights Act 15: Maleiha Malik , King's College London: Minority Protection and Human Rights 3: The Experience of Elsewhere: Reasons to be Sceptical 16: Judy Fudge, Osgoode Hall Law School, York University: The Canadian Charter of Rights: Recognition, Redistribution, and the Imperialism of the Courts 17: Saras Jagwanth, University of Cape Town: The South African Experience 18: Wojciech Sadurski, European University Institute: Postcommunist Central Europe 19: Mark Tushnet, Georgetown University: Scepticism about Judicial Review: A Perspective from the United States 20: Jim Allan, University of Otago: The New Zealand Bill of Rights Act: Lessons for the UK? 21: Adrienne Stone, Australian National University: The Australian Free Speech Experiment and Scepticism about the Human Rights Act Index

Reviews

<br> A welcome collection. <br>--The Commonwealth Lawyer<p><br> 21 essays written by an array of prestigious scholars with expertise in domestic and international law. <br>--Morning Star, 12 Aug 2002<p><br>

Author Information

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

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