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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.
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.
To speak of human rights in the twenty-first century is to speak of
proportionality. Proportionality has been received into the
constitutional doctrine of courts in continental Europe, the United
Kingdom, Canada, New Zealand, Israel, South Africa, and the United
States, as well as the jurisprudence of treaty-based legal systems
such as the European Convention on Human Rights. Proportionality
provides a common analytical framework for resolving the great
moral and political questions confronting political communities.
But behind the singular appeal to proportionality lurks a range of
different understandings. This volume brings together many of the
world's leading constitutional theorists - proponents and critics
of proportionality - to debate the merits of proportionality, the
nature of rights, the practice of judicial review, and moral and
legal reasoning. Their essays provide important new perspectives on
this leading doctrine in human rights law.
To speak of human rights in the twenty-first century is to speak of
proportionality. Proportionality has been received into the
constitutional doctrine of courts in continental Europe, the United
Kingdom, Canada, New Zealand, Israel, South Africa, and the United
States, as well as the jurisprudence of treaty-based legal systems
such as the European Convention on Human Rights. Proportionality
provides a common analytical framework for resolving the great
moral and political questions confronting political communities.
But behind the singular appeal to proportionality lurks a range of
different understandings. This volume brings together many of the
world's leading constitutional theorists - proponents and critics
of proportionality - to debate the merits of proportionality, the
nature of rights, the practice of judicial review, and moral and
legal reasoning. Their essays provide important new perspectives on
this leading doctrine in human rights law.
Originalism is a force to be reckoned with in constitutional
interpretation. At one time a monolithic theory of constitutional
interpretation, contemporary originalism has developed into a
sophisticated family of theories about how to interpret and reason
with a constitution. Contemporary originalists harness the
resources of linguistic, moral, and political philosophy to propose
methodologies for the interpretation of constitutional texts and
provide reasons for fidelity to those texts. The essays in this
volume, which includes contributions from the flag bearers of
several competing schools of constitutional interpretation,
provides an introduction to the development of originalist thought,
showcases the great range of contemporary originalist
constitutional scholarship, and situates competing schools of
thought in dialogue with each other. They also make new
contributions to the methodological and normative disputes between
originalists and non-originalists, and among originalists
themselves.
Originalism is a force to be reckoned with in constitutional
interpretation. At one time a monolithic theory of constitutional
interpretation, contemporary originalism has developed into a
sophisticated family of theories about how to interpret and reason
with a constitution. Contemporary originalists harness the
resources of linguistic, moral, and political philosophy to propose
methodologies for the interpretation of constitutional texts and
provide reasons for fidelity to those texts. The essays in this
volume, which includes contributions from the flag bearers of
several competing schools of constitutional interpretation,
provides an introduction to the development of originalist thought,
showcases the great range of contemporary originalist
constitutional scholarship, and situates competing schools of
thought in dialogue with each other. They also make new
contributions to the methodological and normative disputes between
originalists and non-originalists, and among originalists
themselves.
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