The Legal Protection of Human Rights

Sceptical Essays

Tom Campbell editor Adam Tomkins editor KD Ewing editor

Format:Paperback

Publisher:Oxford University Press

Published:24th Feb '11

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The Legal Protection of Human Rights cover

Reacting 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 consider the prospects of reviving the moral force and political implications of human rights values. Thus, contributors recount the failures of the Human Rights Act with regard to counter-terrorism; chart how the 'dialogue' model reduces parliaments' capacities to hold governments to account for human rights violations; consider which institutions best protect fundamental rights; and reflect on how the idea of human rights could be 'rescued' in Britain today. In addition, the book considers the historical human rights failures of courts during the Cold War and in Northern Ireland, the diverse outcomes of human rights judicial review, and aspects of the human rights regimes in a variety of jurisdictions, including Finland, Sweden, New Zealand, Australia, Scotland, Canada, Europe, and the United States.

The 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 *

ISBN: 9780199606085

Dimensions: 231mm x 160mm x 30mm

Weight: 818g

552 pages