Introduction: Securing Human Rights Through Legislation

Legislated Rights: Securing Human Rights Through Legislation, Forthcoming

Queen's University Legal Research Paper

LSE Legal Studies Working Paper No. 17/2018

28 Pages Posted: 3 Feb 2018 Last revised: 12 Dec 2018

See all articles by Grégoire Webber

Grégoire Webber

Queen's University - Faculty of Law; London School of Economics - Law Department

Paul Yowell

Independent

Date Written: January 1, 2018

Abstract

This article is reprinted from the Introduction to Legislated Rights: Securing Human Rights through Legislation, jointly authored by Grégoire Webber, Paul Yowell, Richard Ekins, Maris Köpcke, Bradley W. Miller, and Francisco J. Urbina, published by Cambridge University Press in 2018. The important aspects of human well-being 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. The book argues against this assumption, by showing how legislatures can and should be at the centre of the practice of human rights. It 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.

This introductory chapter by Grégoire Webber and Paul Yowell introduces four theses animating human rights law and scholarship. It defends four counter-theses that motivate the book’s main arguments and explores the deep interconnectedness between human rights and positive law,
before

Suggested Citation

Webber, Grégoire and Yowell, Paul, Introduction: Securing Human Rights Through Legislation (January 1, 2018). Legislated Rights: Securing Human Rights Through Legislation, Forthcoming; Queen's University Legal Research Paper; LSE Legal Studies Working Paper No. 17/2018. Available at SSRN: https://ssrn.com/abstract=3116914 or http://dx.doi.org/10.2139/ssrn.3116914

Grégoire Webber (Contact Author)

Queen's University - Faculty of Law ( email )

Macdonald Hall
Kingston, Ontario K7L3N6
Canada

HOME PAGE: http://law.queensu.ca/directory/gregoire-webber

London School of Economics - Law Department ( email )

Houghton Street
London, WC2A 2AE
United Kingdom

HOME PAGE: http://www.lse.ac.uk/collections/law/staff/gregoire-webber.htm

Paul Yowell

Independent ( email )

No Address Available

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