The Legal Protection of Human Rights

The Legal Protection of Human Rights

This book provides a critical review that explores the alternative means for protecting and promoting human rights.

Author: Tom Campbell

Publisher: Oxford University Press on Demand

ISBN: 9780199606078

Category: Law

Page: 522

View: 375

The value and legitimacy of using courts to limit the powers of governments in the domain of human rights is a significant ongoing debate. This book provides a critical review that explores the alternative means for protecting and promoting human rights.
Categories: Law

Sceptical Essays on Human Rights

Sceptical Essays on Human Rights

Other parties, however, have expressed doubts about the wisdom of these developments. In this collection of essays, contributors skillfully explore these reservations.

Author: Tom Campbell

Publisher: Oxford University Press on Demand

ISBN: 0199246696

Category: Political Science

Page: 423

View: 971

Britain's Human Rights Act of 1998 is the latest in a wave of legislative and constitutional instruments that put human rights at the top of the public law agenda. These instruments are widely welcomed by senior judges and by academic and practicing lawyers, many of whom have campaigned for their introduction. Other parties, however, have expressed doubts about the wisdom of these developments. In this collection of essays, contributors skillfully explore these reservations.
Categories: Political Science

Democracy and the Human Rights Act

Democracy and the Human Rights Act

'Scepticism under Scrutiny: Labour Law and Human Rights', in T. Campbell, K.
Ewing and A. Tomkins (eds), Sceptical Essays on Human Rights Oxford: Oxford
University Press Fredman, S., (2013). 'From dialogue to deliberation: human
rights ...

Author: Dennis Dixon

Publisher: Routledge

ISBN: 9781351999953

Category: Law

Page: 226

View: 455

This book discusses the extent to which the UK Human Rights Act successfully balances protection of rights and democracy. It is generally accepted that the Act prevents government from violating fundamental rights, but the extent to which the Act can legitimately be overridden as a result of public opinion and participation is less clear. The work considers the Act’s effect on this popular element of the British Constitution. It uses analytical tools from republican political theory to explore the claim that the Act achieved a reconciliation between the protection of rights and democracy. In particular, it employs republican analysis of domination to consider how the Human Rights Act could operate so that public opinion invigilates legislative responses to judicial decisions. The key question is whether judicial decisions under the Human Rights Act serve to ‘remove, reduce or replace’ opportunities for the electorate to control judicial decision-making, remembering always that the electorate is seldom engaged in politics, but should it choose to, its ability to do so is at the heart of democracy. The study also examines the difficulty of isolating national constitutional forms where bills of rights are internationalised as with the European Convention on Human Rights. The book will be a valuable resource for students and academics researching constitutional legal theory and comparative constitutional law. While the focus is on the UK HRA, broader theoretical issues of constitutional review will have significant international interest and relevance to domestic debates on a British Bill of Rights.
Categories: Law

Gender Culture and Human Rights

Gender  Culture and Human Rights

'Minority Protection and Human Rights' in K EWING, A TOMKINS and T
CAMPBELL, (eds), Sceptical Essays on Human Rights (Oxford, OUP, 2001) 277.
——, 'Minority Protection and Human Rights' in KD EWING, A TOMKINS and T ...

Author: Siobhán Mullally

Publisher: Bloomsbury Publishing

ISBN: 9781847311559

Category: Law

Page: 287

View: 921

In recent years, feminist theory has increasingly defined itself in opposition to universalism and to discourses of human rights. Rejecting the troubled legacies of Enlightenment thinking, feminists have questioned the very premises upon which the international human rights movement is based. Rather than abandoning human rights discourse, however, this book argues that feminism should reclaim the universal and reconstruct the theory and practice of human rights. Discourse ethics and its post-metaphysical defence of universalism is offered as a key to this process of reconstruction. The implications of discourse ethics and the possibility of reclaiming universalism are explored in the context of the reservations debate in international human rights law and further examined in debates on women's human rights arising in Ireland, India and Pakistan. Each of these states shares a common constitutional heritage and, in each, religious-cultural claims, intertwined with processes of nation-building, have constrained the pursuit of gender equality. Ultimately, this book argues in favour of a dual-track approach to cultural conflicts, combining legal regulation with an ongoing moral-political dialogue on the scope and content of human rights.
Categories: Law

Security and Human Rights

Security and Human Rights

23 Freeman, M, Human Rights: An Interdisciplinary Approach (Cambridge, Polity,
2002) ch 3. 24 Douzinas, C, The End of Human Rights (Oxford, Hart Publishing,
2000) 1; Campbell, T, Ewing, KD and Tomkins, A, Sceptical Essays on Human ...

Author: Ben Goold

Publisher: Bloomsbury Publishing

ISBN: 9781847317001

Category: Law

Page: 426

View: 802

In the wake of the events of September 11th, the task of reconciling issues of security with a respect for fundamental human rights has emerged as one of the key challenges facing governments throughout the world. Although the issues raised by the rise of security have been the subject of considerable academic interest, to date much of the debate surrounding the impact of security on human rights has taken place within particular disciplinary confines. In contrast, this collection of essays from leading academics and practitioners in the fields of criminal justice, public law, international law, international relations and legal philosophy offers a genuinely multidisciplinary perspective on the relationship between security and human rights. In addition to exploring how the demands of security might be reconciled with the desire to protect established rights, Security and Human Rights offers a fresh perspective on the broader legal and political challenges that lie ahead as states attempt to control crime, prevent terrorism and protect their citizens.
Categories: Law

Private Law and Human Rights

Private Law and Human Rights

And yet juristic persons are among the most enthusiastic pursuers of fundamental
rights, in private law matters, before ... 1 CfA Tomkins, 'Introduction' in T Campbell
, K Ewing and A Tomkins (eds) Sceptical Essays on Human Rights (Oxford ...

Author: Visser D P Reid Elspeth

Publisher: Edinburgh University Press

ISBN: 9780748684182

Category: Law

Page: 577

View: 565

A comparative investigation into the revolution in private law in the era of human rights Scotland and South Africa are mixed jurisdictions, combining features of common law and civil law traditions. Over the last decade a shared feature in both Scotland and South Africa has been a new and intense focus on human rights. In Scotland the European Convention on Human Rights now constitutes an important element in the foundation of all domestic law. Similarly, the Constitution of the Republic of South Africa, adopted in 1996, has as its cornerstone a Bill of Rights that binds not only the legislature, the executive, the judiciary and all organs of state, but also private parties. Of course the "constitutional moments" from which these documents sprang were very different and the Scottish and South African experience in some aspects could not be more dissimilar. Yet in many respects the parallels are close and compelling. This book, written by experts from both jurisdictions, examines exactly how human-rights provisions influence private law, looking at all branches of the subject. Moreover, it gives a unique perspective by comparing the approach in these kindred legal systems, thus providing a benchmark for both.
Categories: Law

Human Rights

Human Rights

Campbell, K.d. Ewing, and A. tomkins, “introduction,” in The Legal Protection of
Human Rights: Sceptical Essays, ed. t. Campbell, K.d. Ewing, and A. tomkins (
Oxford: Oxford University Press, 2011), 9. 3. J. Hiebert, “Governing Like Judges?,
” in ...

Author: Gordon DiGiacomo

Publisher: University of Toronto Press

ISBN: 9781442609563

Category: Political Science

Page: 560

View: 606

Written largely by Canadian scholars for Canadian readers, this overview of contemporary human rights concerns introduces the human rights instruments—provincial, national, and international—which protect Canadians. The volume begins with an outline of the history of human rights before moving on to discuss such important topics as the relationship between political institutions and rights protection, rights issues pertaining to specific communities, and cross-cutting rights issues that affect most or all citizens. Contemporary and comprehensive, Human Rights: Current Issues and Controversies is a valuable resource for anyone interested in learning more about human rights.
Categories: Political Science

Challenges in Human Rights

Challenges in Human Rights

In T. Dunne & N. Wheeler (Eds.), Human rights in global politics (pp. 31–70).
Cambridge: Cambridge University Press. Campbell, T., Ewing, K. D., & Tomkins,
A. (Eds.). (2001). Sceptical essays on human rights. Oxford: Oxford University
Press.

Author: Elisabeth Reichert

Publisher: Columbia University Press

ISBN: 9780231510349

Category: Political Science

Page: 296

View: 456

By using human rights as a guidepost, social workers can help create social welfare policies that better serve societal needs. However, in applying human rights to contemporary situations, social workers often encounter challenges that require thinking outside the box. Bringing together provocative essays from a diverse range of authors, Elisabeth Reichert demonstrates how approaching social work from a human rights perspective can profoundly affect legislation, resource management, and enforcement of policies. Topics include the reconciliation of cultural relativism with universal human rights; the debate over whether human rights truly promote economic and social development or simply allow economically developed societies to exploit underdeveloped countries; the role of gender in the practice of human rights; the tendency to promote political and civil rights over economic and social rights; and the surprising connection between the social work and legal professions.
Categories: Political Science

Legal Anthropology

Legal Anthropology

David Kretzmer and Eckart Klein (2002), 1—17; Eva Brems, Human Rights:
Universality and Diversity (2001), at 9; Jack ... Controversy, and Change (2000),
at 4, 27; Adam Tomkins, “Introduction,” Sceptical Essays on Human Rights, ed.

Author: James M. Donovan

Publisher: AltaMira Press

ISBN: 9780759113503

Category: Law

Page: 286

View: 316

Legal Anthropology: An Introduction offers an initial overview of the challenging debates surrounding the cross-cultural analysis of legal systems. Equal parts review and criticism, James M. Donovan outlines the historical landmarks in the development of the discipline, identifying both strengths and weaknesses of each stage and contribution. Legal Anthropology suggests that future progress can be made by looking at the perceived fairness of social regulation, rather than sanction or dispute resolution as the distinguishing feature of law.
Categories: Law

Australian Journal of Human Rights

Australian Journal of Human Rights

... 1577 UNTS 3 International Covenant on Civil and Political Rights, 16
December 1966,999 UNTS 171 United Nations ... of International Law pp 720–38
Campbell T, Ewing KD and Tomkins A (eds) (2001) Sceptical Essays on Human
Rights ...

Author:

Publisher:

ISBN: OSU:32437122361815

Category: Human rights

Page:

View: 763

Categories: Human rights

Rights Before Courts

Rights Before Courts

Judy Fudge, "The Canadian Charter of Rights: Recognition, Redistribution, and
the Imperialism of the Courts", in Tom Campbell, K. D. Ewing & Adam Tomkins,
eds. Sceptical Essays on Human Rights (Oxford University Press: Oxford, 2001):
 ...

Author: Wojciech Sadurski

Publisher: Springer Science & Business Media

ISBN: 1402030061

Category: Education

Page: 377

View: 584

Challenging the conventional wisdom that constitutional courts are the best device that democratic systems have for the protection of individual rights, Wojciech Sadurski examines carefully the most recent wave of activist constitutional courts: those that have emerged after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars he does not take for granted that they are a "force for the good", but rather subjects them to critical scrutiny against the background of a wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. He shows that, in the region of Central and Eastern Europe, their record in protecting constitutional rights has been mixed, and their impact upon the vibrancy of democratic participation and public discourse about controversial issues often negative. Sadurski urges us to reconsider the frequently unthinking enthusiasm for the imposition of judicial limits upon constitutional democracy. In the end, his reflections go to the very heart of the fundamental dilemma of constitutionalism and political theory: how best to find the balance between constitutionalism and democracy? The lively, if imperfect, democracies in Central and Eastern Europe provide a fascinating terrain for raising this question, and testing traditional answers. This innovative, wide-ranging and thought-provoking book will become essential reading for scholars and students alike in the fields of comparative constitutionalism and political theory, particularly for those with an interest in legal and political developments in the postcommunist world
Categories: Education

Human Rights in Transition

Human Rights in Transition

ALAN NEAL in his essay considers the consequences of the potential for a
European Union Charter of fundamental rights . ... However , those who are least
sceptical about the Human Rights Act 1998 see the Act as establishing a general
 ...

Author: John F. McEldowney

Publisher: Peter Lang Pub Incorporated

ISBN: STANFORD:36105063695139

Category: Law

Page: 231

View: 737

The book consists of a thorough introduction and 12 essays specially written for a joint conference of British and German scholars held at the University of Warwick (U.K.) in 2000. The papers draw on the German and British experience of human rights in the development of law. From an English perspective the conference and the collection of essays coincide with the coming into force of the Human Rights Act in October 2000, a defining moment in English legal history. The German contributions address the question of human rights in a broader European context as well as on the background of half a century's experience with human rights in the Constitution of the Federal Republic of Germany and the jurisdiction of the Federal Constitutional Court which had a significant impact on various fields of law.
Categories: Law

Human Rights Obligations of Non state Actors

Human Rights Obligations of Non state Actors

( 2001 ) , “ The Canadian Charter of Rights : Recognition , Redistribution , and
the Imperialism of the Courts ' in T . Campbell , K . D . Ewing , and A . Tomkins (
eds ) Sceptical Essays on Human Rights ( Oxford : Oxford University Press ) 335 .

Author: Andrew Clapham

Publisher: Oxford University Press on Demand

ISBN: 0198298153

Category: Political Science

Page: 613

View: 658

This work presents an approach to human rights which goes beyond the traditional focus on states and outlines the human rights obligations of non-state actors. It finishes with examples of how they can be held legally accountable for their actions in various jurisdictions.
Categories: Political Science

Adelaide law review

Adelaide law review

Another dominant theme of the collection is the issue of the extensive shift of
political authority to the judiciary ' that comes with legislative protection of human
rights , an argument which is not new to the Australian public . Sceptical Essays
on ...

Author:

Publisher:

ISBN: UCAL:B5145774

Category:

Page:

View: 758

Categories:

Human Rights

Human Rights

Human rights : concepts , contests , contingencies , 129 Global governance ,
economy and law : waiting for justice , 134 ... 126 Human rights : an introduction ,
136 Human rights : an introductory course , 123 Sceptical essays on human
rights ...

Author: Arthur V. Carrington

Publisher: Nova Science Pub Incorporated

ISBN: UOM:39015056474169

Category: Political Science

Page: 164

View: 510

The United Nations Commission on Human Rights: Background and Issues; Human Rights Treaties: Some Issues for US Ratification; Human Rights Treaties: A Summary of Provisions and Status in the US Ratification Process; Human Rights Treaties: Racial Discrimination, Women's Rights and Children's Rights; Human Rights Conditions and US Concerns; Guatemala's Human Rights Record, 1985 to 1995, and Prominent Recent Human Rights Cases; Joint Combined Exchange Training (JCET) and Human Rights.
Categories: Political Science

The Labour Constitution

The Labour Constitution

... 'Labour and the “Real” Constitution' (2007) 48 Les Cahiers de Droit 43–64; J
Fudge, 'Constitutionalizing Labour Rights in Europe' in T Campbell, KD Ewing, A
Tomkins (eds) The Legal Protection of Human Rights: Sceptical Essays (Oxford ...

Author: Ruth Dukes

Publisher: OUP Oxford

ISBN: 9780191038600

Category: Law

Page: 250

View: 840

By exploring different approaches to the study of labour law, this book re-evaluates how it is conceived, analysed, and criticized in current legislation and policy. In particular, it assesses whether so-called 'old ways' of thinking about the subject, such as the idea of the labour constitution, developed by Hugo Sinzheimer in the early years of the Weimar Republic, and the principle of collective laissez-faire, elaborated by Otto Kahn-Freund in the 1950s, are in fact outdated. It asks whether, and how, these ideas could be abstracted from the political, economic, and social contexts within which they were developed so that they might still usefully be applied to the study of labour law. Dukes argues that the labour constitution can provide an 'enduring idea of labour law', and an alternative to modern arguments which favour reorienting labour law to align more closely with the functioning of labour markets. Unlike the 'law of the labour market', the labour constitution highlights the inherently political nature of labour laws and institutions, as well as their economic functions. It constructs a framework for analysing labour laws, labour markets, and institutions, to allow scholars to critique the current policy climate and, in light of the ongoing expansion of the global labour market, assess the impact of the narrowing and disappearance of spaces for democratic deliberation and democratic decision-making on workers' rights.
Categories: Law

Human Rights in the UK

Human Rights in the UK

A General Introduction to the Human Rights Act 1998 David Hoffman, John Rowe
... Tomkins ( eds ) , Sceptical Essays on Human Rights ( Oxford University Press ,
2001 ) Craig , The Courts , The Human Rights Act and Judicial Review ( 2001 ) ...

Author: David Hoffman

Publisher: Addison-Wesley Longman Limited

ISBN: UOM:39015059108327

Category: Political Science

Page: 364

View: 830

Human rights issues are currently high on the political and academic agenda and this is now being reflected in their increasing importance within the law curriculum. This brand new introductory textbook aims to provide new law students with a thorough grounding in the subject, bringing them fully up-to-date on the impact of the Human Rights Act 1998 on UK law, as well as providing an accessible and thought-provoking discussion for both students and professionals.
Categories: Political Science

The Ethics of Human Rights

The Ethics of Human Rights

Author: Esther D. Reed

Publisher:

ISBN: 193279297X

Category: Religion

Page: 221

View: 352

Reed's use of Genesis 9:1-17, God's covenant with Noah, enables her critical Christian engagement with issue of right and her application of this Christian theology of rights to the contemporary moral dilemmas of animal rights, the environment, and democracy.--Nancy J. Duff, Princeton Theological Seminary "Studies in Christian Ethics"
Categories: Religion

The Oxford Handbook of Legal Studies

The Oxford Handbook of Legal Studies

Sceptical Essays on Human Rights , Oxford : Oxford University Press . Gearty , C .
A . ( 1993 ) . “ The European Convention on Human Rights and the Protection of
Civil Liberties : An Overview , Cambridge Law Journal , 89 – 127 . Giddens , A ...

Author: Fellow and Tutor in Law Peter Cane

Publisher: Oxford University Press, USA

ISBN: STANFORD:36105060356024

Category: Law

Page: 1071

View: 806

This innovative volume in the prestigious series of Oxford Handbooks provides a comprehensive overview of law and legal scholarship at the dawn of the 21st century. Through 43 essays by leading legal scholars based in USA, the UK, Australia, New Zealand, Canada and Germany it will provide avaried and stimulating set of road maps to guide readers through the increasingly large and conceptually sophisticated body of legal scholarship.Focussing mainly, though not exclusively, on scholarship in the English language and taking an international and comparative approach, the contributors to this Handbook offer original and interpretative accounts of the nature, themes and preoccupations of research and writing about law. They then goon to consider likely trends and developments in scholarship in the next decade or so.The Handbook is arranged in seven Parts entitled 'Property and Obligations', 'Citizens and Government', 'Wealth Distribution and Welfare', 'Business and Commerce', 'Technology', 'Processes', and 'Research and Researchers'. It will provide everyone interested in scholarship about law with a widelyaccessible overview of the state and future direction of legal scholarship.
Categories: Law

Judicial Comparativism in Human Rights Cases

Judicial Comparativism in Human Rights Cases

... C , ' Here Come the Judges ' , LRB , 4 June 1998 , at 10 . Gearty , C , ' Tort Law
and the Human Rights Act ' , in T Campbell , KD Ewing , and A Tomkins ( eds ) ,
Sceptical Essays on Human Rights ( Oxford : Oxford University Press , 2001 ) .

Author: E. Örücü

Publisher: British Inst of International & Comparative

ISBN: STANFORD:36105063695691

Category: Political Science

Page: 255

View: 765

In our globalizing world, can we talk of a "common law or ius commune of human rights"? Is such a common law being developed by our judges in conversation with judges from foreign jurisdictions and from the European Court of Human Rights? Can this be the new natural law? These and other questions are addressed in this volume through the experiences of England, France, Germany, Russia, Scotland, Turkey, South Africa, and the European Court of Justice and the European Court of Human Rights. This volume also looks at why and how far judges are employing the comparative approach, the legitimacy of this approach, and the question of whether comparativism is an interpretative aid, "functional" or "ornamental". Invaluable for comparative lawyers, comparative constitutional lawyers, human rights lawyers, law students and lawyers engaged in transnational issues in the area of human rights, this book addresses issues such as defining where "globalism" ends and "localism" begins, and whether there is a place for "cultural exceptionalism" in the context of human rights. It gives an excellent insight into comparative law in the context of human rights.
Categories: Political Science