Legislated Rights in the Anglo-American Tradition

Ekins, Richard; Webber, Grégoire

doi:10.2139/ssrn.3583497

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Legislated Rights in the Anglo-American Tradition

LSE Legal Studies Working Paper No. 5/2020

Queen's University Legal Research Paper

31 Pages Posted: 23 Apr 2020

See all articles by Richard Ekins

Grégoire Webber

Queen's University - Faculty of Law; London School of Economics - Law School; Université Paris-Panthéon-Assas

There are 2 versions of this paper

Date Written: April 23, 2020

Abstract

This article is a reply to critics and readers published in a symposium issue of the Faulkner Law Review (volume 10) devoted to Legislated Rights: Security Human Rights through Legislation (Cambridge University Press 2018; paperback, 2019). Richard Ekins and Grégoire Webber, two of the six authors of Legislated Rights, respond to essays by Victoria Nourse, Robert Lowry Clinton, Andy G. Olree, and Adam J. MacLeod. The article is organised around the following themes: central case method; rights protection in the United States in comparative perspective; legislated rights and constitutional structure; scepticism about judicial review; oppressive ‘rights’ legislation; and legislated rights and common law.

Keywords: human rights, legal rights, constitutional law, central case analysis, judicial review

Suggested Citation: Suggested Citation

Ekins, Richard and Webber, Grégoire, Legislated Rights in the Anglo-American Tradition (April 23, 2020). LSE Legal Studies Working Paper No. 5/2020, Queen's University Legal Research Paper, Available at SSRN: https://ssrn.com/abstract=3583497 or http://dx.doi.org/10.2139/ssrn.3583497