Protecting Human Rights
Instruments and Institutions
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Product details:
- Publisher OUP Oxford
- Date of Publication 2 October 2003
- ISBN 9780199264063
- Binding Hardback
- No. of pages366 pages
- Size 242x163x24 mm
- Weight 655 g
- Language English 0
Categories
Short description:
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.
MoreLong description:
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.
MoreTable of Contents:
Introduction
Part I: Conceptual Boundaries and Functions of Human Rights
Human Rights: The Shifting Boundaries
Freedom of Expression as a Human Right
Human Rights Concepts in Australian Political Debate
Human Rights, Rule of Law, and American Constitutionalism
Part II: Democratic Foundations
Rights, Rules, and Democracy
Rights and Democracy: A Reconciliation of the Institutional Debate
Representation-Reinforcing Review: Comparing Experiences in the United States and Australia
A Defence of the Status Quo
Aspiring to the Rule of Law
Part III: Institutional Designs
Non-judicial Review
Parliament and Rights
Constructing a Community-Based Bill of Rights Model
Judicial Review, Legislative Override, and Democracy
Addressing Homelessness: Does Australia's Indirect Implementation of Human Rights Comply with its International Obligations?
Indigenous Rights
The Case for Social Rights
