Sceptical Essays on Human Rights

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Tom Campbell is Professor of Law at the Australian National University, Monash Keith Ewing is Professor of Public Law at King's College, London Adam Tomkins is Lecturer in Law and Fellow at St Catherine's, Oxford University

List of Contributors

ix

Table of Cases

xi

Table of Treaties and Legislation

xxv

Introduction: On Being Sceptical about Human Rights

1

(14)

Adam Tomkins

Part One: Scepticism and Human Rights

Constitutive Citizenship versus Constitutional Rights: Republican Reflections on the EU Charter and the Human Rights Act

15

(26)

Richard Bellamy

Rights, Democracy, and Law

41

(20)

Martin Loughlin

Legislative Sovereignty and the Rule of Law

61

(18)

Jeffrey Goldsworthy

Incorporation through Interpretation

79

(24)

Tom Campbell

The Unbalanced Constitution

103

(16)

K. D. Ewing

Human Rights in a Postnational Order: Reconciling Political and Constitutional Pluralism

119

(26)

Neil Walker

Part Two: The Impact and Implications of the Human Rights Act

Rights versus Devolution

145

(18)

Chris Himsworth

Contested Constitutionalism: Human Rights and Deliberative Democracy in Northern Ireland

163

(14)

Colin Harvey

Taking Wales Seriously

177

(20)

Richard Rawlings

Scepticism under Scrutiny: Labour Law and Human Rights

197

(18)

Sandra Fredman

Discrimination Law and the Human Rights Act 1998

215

(28)

Aileen McColgan

Tort Law and the Human Rights Act

243

(18)

Conor Gearty

Criminal Justice, Judicial Interpretation, Legal Right: On Being Sceptical about the Human Rights Act 1998

261

(16)

Alan Norrie

Minority Protection and Human Rights

277

(20)

Maleiha Malik

Part Three: The Experience of Elsewhere: Reasons to be Sceptical

The South African Experience of Judicial Rights Discourse: A Critical Appraisal

297

(18)

Saras Jagwanth

Rights-Based Constitutional Review in Central and Eastern Europe

315

(20)

Wojciech Sadurski

The Canadian Charter of Rights: Recognition, Redistribution, and the Imperialism of the Courts

335

(24)

Judy Fudge

Scepticism about Judicial Review: A Perspective from the United States

359

(16)

Mark Tushnet

The Effect of a Statutory Bill of Rights where Parliament is Sovereign: The Lesson from New Zealand

375

(16)

James Allan

The Australian Free Speech Experiment and Scepticism about the UK Human Rights Act

391

(20)

Adrienne Stone

Index

411

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Sceptical Essays on Human Rights

Summary

Author Biography

Table of Contents

Supplemental Materials