基本説明
Assessing the efforts of a range of jurisdictions, including the UK, the US, Australia, and New Zealand.
Full Description
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.
Contents
1. Introduction ; PART ONE: FAILURES OF JURIDIFICATION ; 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 ; PART TWO: POLITICISING HUMAN RIGHTS ; 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
