The Legal Protection of Human Rights: Sceptical Essays

ISBN : 9780199606085

Tom Campbell; Keith D. Ewing; Adam Tomkins
552 ページ
160 x 231 mm

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.


1. Introduction
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
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


Educated in Britain, Tom Campbell was Professor of Philosophy at the University of Stirling and Professor of Jurisprudence at the University of Glasgow before being appointed Professor of Law at the Australian National University and then Professorial Fellow in the Centre for Applied Philosophy and Public Ethics (CAPPE) at Charles Sturt University. He is the author and editor of several books, including Seven Theories of Human Society, Rights, and Justice. ; Keith Ewing is Professor of Public Law at King's College London, and is one of the country's leading civil liberties lawyers. He is the author of Freedom under Thatcher: Civil Liberties in Modern Britain (with Conor Gearty) and his other books include Bonfire of the Liberties, The Right to Strike and The Struggle for Civil Liberties (also with Conor Gearty). ; Adam Tomkins has held the John Millar Chair in Public Law at the University of Glasgow since 2003. Prior to that he taught at St Catherine's College, Oxford, and at King's College London. He is the author of a number of books, including the Clarendon Law Series title Public Law and also British Government and the Constitution (with Colin Turpin).