Sceptical Essays on Human Rights

This collection of 20 essays written by an array of internationally prestigious scholars explores the reservations about Britain's Human Rights Act 1998. All the contributors endorse the importance of human rights within any democratic system of government, but question primary reponsibility.

Specifically, the extensive shift of political authority to the judiciary which is involved in Britain's Human Rights Act is critically examined and other ways of specifying and promoting human rights in more democratic forums are considered. Particular attention is paid to the priority which should be given to economic and social rights within the new constitutional settlement. Overseas contributions, ranging from Eastern Europe to South Africa, via North America and Australasia, illustrate the pitfalls of importing other constitutional models. Written throughout in an engaging and accessible style, this book is essential reading for all those with an interest in law or politics.

1. Introduction
1: SCEPTICISM AND HUMAN RIGHTS
2. Political Citizenship versus Fundamental Rights
3. Rights, Democracy, and the Nature of the Legal Order
4. The Unbalanced Constitution
5. Human Rights in a Postnational Order: Reconciling Political and Constitutional Pluralism
6. Rights, Sovereignty, and 'the People'
7. Incorporation through Interpretation
2: THE IMPACT AND IMPLICATIONS OF THE HUMAN RIGHTS ACT
8. Rights Versus Devolution
9. Human Rights in Northern Ireland
10. Taking Wales Seriously
11. Scepticism under Scrutiny: Labour Law and Human Rights
12. Discrimination Law and the Human Rights Act
13. Tort Law and the Human Rights Act
14. Criminal Justice, Legal Rights, Judicial Interpretation: On Being Sceptical about the Human Rights Act
15. Minority Protection and Human Rights
3: THE EXPERIENCE OF ELSEWHERE: REASONS TO BE SCEPTICAL
16. The Canadian Charter of Rights: Recognition, Redistribution, and the Imperialism of the Courts
17. The South African Experience
18. Postcommunist Central Europe
19. Scepticism about Judicial Review: A Perspective from the United States
20. The New Zealand Bill of Rights Act: Lessons for the UK?
21. The Australian Free Speech Experiment and Scepticism about the Human Rights Act
Index