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.
Gr goire Webber is Canada Research Chair in Public Law and Philosophy of Law at Queen's University and Visiting Senior Fellow at the London School of Economics and Political Science. Paul Yowell is the Benn Fellow in Law at Oriel College, University of Oxford. Richard Ekins is utorial Fellow in Law at St John's College, University of Oxford. Maris K pcke is Lecturer in Law at the Universitat de Barcelona. Bradley W. Miller is Justice of the Court of Appeal for Ontario, Canada. Francisco J. Urbina is Assistant Professor of Law at the Pontificia Universidad Catolica de Chile.
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.