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.
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What should and what should not to be counted as a human right? What does it mean to identify a right as a human right? And what are the most effective and legitimate means of promoting human rights? This book addresses these questions and the complex relationship between the answers to them.
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Introduction ; PART I: CONCEPTUAL BOUNDARIES AND FUNCTIONS OF HUMAN RIGHTS ; 1. Human Rights: The Shifting Boundaries ; 2. Freedom of Expression as a Human Right ; 3. Human Rights Concepts in Australian Political Debate ; 4. Human Rights, Rule of Law, and American Constitutionalism ; PART II: DEMOCRATIC FOUNDATIONS ; 5. Rights, Rules, and Democracy ; 6. Rights and Democracy: A Reconciliation of the Institutional Debate ; 7. Representation-Reinforcing Review: Comparing Experiences in the United States and Australia ; 8. A Defence of the Status Quo ; 9. Aspiring to the Rule of Law ; PART III: INSTITUTIONAL DESIGNS ; 10. Non-judicial Review ; 11. Parliament and Rights ; 12. Constructing a Community-Based Bill of Rights Model ; 13. Judicial Review, Legislative Override, and Democracy ; 14. Addressing Homelessness: Does Australia's Indirect Implementation of Human Rights Comply with its International Obligations? ; 15. Indigenous Rights ; 16. The Case for Social Rights
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Addresses the global phenomenon of bills of rights, and advances the debate, emphasising alternatives to entrenched bills of rights and considering enforcement processes and institutions outside of the courts, it thus makes a valuable and distinctive addition to existing literature, which is highly court-centred
Considers the boundaries of human rights, exploring difficult conceptual questions about the nature of rights and blending sceptical and constructive approaches
Confronts the problem of reconciling bills of rights with democracy
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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.
Les mer
Addresses the global phenomenon of bills of rights, and advances the debate, emphasising alternatives to entrenched bills of rights and considering enforcement processes and institutions outside of the courts, it thus makes a valuable and distinctive addition to existing literature, which is highly court-centred
Considers the boundaries of human rights, exploring difficult conceptual questions about the nature of rights and blending sceptical and constructive approaches
Confronts the problem of reconciling bills of rights with democracy
Les mer
Produktdetaljer
ISBN
9780199264063
Publisert
2003
Utgiver
Vendor
Oxford University Press
Vekt
655 gr
Høyde
242 mm
Bredde
163 mm
Dybde
24 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
366