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Legislated Rights
Securing Human Rights through Legislation

£85.00

  • Date Published: March 2018
  • availability: Available
  • format: Hardback
  • isbn: 9781108426572

£ 85.00
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About the Authors
  • The important aspects of human wellbeing outlined in human rights instruments and constitutional bills of rights can only be adequately secured as and when they are rendered the object of specific rights and corresponding duties. It is often assumed that the main responsibility for specifying the content of such genuine rights lies with courts. Legislated Rights: Securing Human Rights through Legislation argues against this assumption, by showing how legislatures can and should be at the centre of the practice of human rights. This jointly authored book explores how and why legislatures, being strategically placed within a system of positive law, can help realise human rights through modes of protection that courts cannot provide by way of judicial review.

    • Challenges the dominant theory of human rights law
    • Situates the legislature as a key actor in securing human rights
    • Proposes a new understanding of human rights
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    Product details

    • Date Published: March 2018
    • format: Hardback
    • isbn: 9781108426572
    • length: 218 pages
    • dimensions: 235 x 158 x 15 mm
    • weight: 0.43kg
    • contains: 1 b/w illus.
    • availability: Available
  • Table of Contents

    1. Introduction: securing human rights through legislation
    2. Rights and persons
    3. Why it takes law to realise human rights
    4. Legislation as reasoned action
    5. From universal rights to legislated rights
    6. How legislation aids human rights adjudication
    7. Majoritarianism and pathologies of judicial review.

  • Authors

    Grégoire Webber, Queen's University, Ontario

    Paul Yowell, Oriel College, Oxford

    Richard Ekins, St John's College, Oxford

    Maris Köpcke, Universitat de Barcelona

    Bradley W. Miller, Court of Appeal for Ontario

    Francisco J. Urbina, Pontificia Universidad Catolica de Chile

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