Protecting Human Rights
Instruments and Institutions
Published on 2. October 2003
Book
Hardback
366 pages
978-0-19-926406-3 (ISBN)
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.
More details
Language
English
Place of publication
Oxford
United Kingdom
Target group
Professional and scholarly
Dimensions
Height: 240 mm
Width: 161 mm
Thickness: 24 mm
Weight
716 gr
ISBN-13
978-0-19-926406-3 (9780199264063)
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Schweitzer Classification
Persons
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.
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.
Content
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