Oxford Scholarship Online: Protecting Human Rights

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Subject: Law Book Title: Protecting Human Rights

Protecting Human Rights Instruments and Institutions Campbell, Tom (Editor), Professorial Fellow, Centre for Applied Philosophy and Public Ethics, Charles Sturt University Goldsworthy, Jeffrey (Editor), Professor of Law, Faculty of Law, Monash University Stone, Adrienne (Editor), Fellow, Law Program, Research School of Social Sciences, Australian National University Print publication date: 2003 Published to Oxford Scholarship Online: January 2010 Print ISBN-13: 978-0-19-926406-3 doi:10.1093/acprof:oso/9780199264063.001.0001
Abstract: This volume addresses two 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. Keywords: human rights, moral questions, political philosophy, rights discourse, institutional mechanisms Table of Contents Full Book Contents Preface Introduction Conceptual Bound Aries 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, the Rule of Law, and American Constitutionalism 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 Institutional Designs 10. Non-judicial Review 11. Parliament and Rights 12. Constructing a Community-Based Bill of Rights 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 Index

doi:10.1093/acprof:oso/9780199264063.001.0001