Protecting Human Rights: Instruments and Institutions

Ön Kapak
Tom Campbell, Jeffrey Denys Goldsworthy, Adrienne Sarah Ackary Stone
Oxford University Press, 2003 - 344 sayfa
"Protecting Human Rights" 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 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.

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İçindekiler

Introduction
1
The Shifting Boundaries
17
Freedom of Expression as a Human Right
39
Human Rights Concepts in Australian Political Debate
75
Human Rights the Rule of Law and American Constitutionalism
93
Rights Rules and Democracy
117
A Reconciliation of
135
Comparing Experiences
159
EUROPEAN COURT AND COMMISSION OF HUMAN RIGHTS
225
Parliament and Rights
231
Constructing a CommunityBased Bill of Rights
247
NEW ZEALAND
250
Grayson and Taylor 1997 1 NZLR 399 188
257
Judicial Review Legislative Override and Democracy
263
Does Australias Indirect
281
Indigenous Rights
307

A Defence of the Status Quo
175
Askov 1990 74 DLR 4th 355
188
Aspiring to the Rule of Law
195
Nonjudicial Review
213
The Case for Social Rights
323
Aston Cantlow PCC v Wallbank 2001 3 All ER 393
330
Index
339
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