The Promise of Human Rights : Constitutional Government, Democratic Legitimacy, and International Law (Pennsylvania Studies in Human Rights)

Mayerfeld, Jamie

University of Pennsylvania Press（2019/10発売）

• 製本 Paperback:紙装版/ペーパーバック版／ページ数 320 p.
• 言語 ENG
• 商品コード 9780812224580
• DDC分類 341.48

Full Description

International human rights law is sometimes criticized as an infringement of constitutional democracy. Against this view, Jamie Mayerfeld argues that international human rights law provides a necessary extension of checks and balances and therefore completes the domestic constitutional order. In today's world, constitutional democracy is best understood as a cooperative project enlisting both domestic and international guardians to strengthen the protection of human rights. Reasons to support this view may be found in the political philosophy of James Madison, the principal architect of the U.S. Constitution.
The Promise of Human Rights presents sustained theoretical discussions of human rights, constitutionalism, democracy, and sovereignty, along with an extended case study of divergent transatlantic approaches to human rights. Mayerfeld shows that the embrace of international human rights law has inhibited human rights violations in Europe whereas its marginalization has facilitated human rights violations in the United States. A longstanding policy of "American exceptionalism" was a major contributing factor to the Bush administration's use of torture after 9/11.
Mounting a combination of theoretical and empirical arguments, Mayerfeld concludes that countries genuinely committed to constitutional democracy should incorporate international human rights law into their domestic legal system and accept international oversight of their human rights practices.

Contents

Introduction
Chapter 1. Human Rights
Chapter 2. Madison's Compound Republic and the Logic of Checks and Balances
Chapter 3. Europe and the Virtues of International Constitutionalism
Chapter 4. American Exceptionalism and the Betrayal of Human Rights, Part I: The Torture Memos
Chapter 5. American Exceptionalism and the Betrayal of Human Rights, Part II: Enabling Torture
Chapter 6. The Democratic Legitimacy of International Human Rights Law
Conclusion
Notes
Index
Acknowledgments