What is the Best Way to Realise Rights?

Oxford Journal of Legal Studies, Volume 39, Issue 1, Spring 2019, Pages 209–228, doi/10.1093/ojls/gqz004

Posted: 10 Jun 2019

See all articles by Ioanna Tourkochoriti

Ioanna Tourkochoriti

Harvard Law School; National University of Ireland, Galway (NUIG) - School of Law; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: May 23, 2019

Abstract

What is the best way to conceptualise the relation between the common good and rights? Is it courts or legislatures that protect rights most effectively? In their well-written and well-argued book, Legislated Rights: Securing Human Rights through Legislation, Grégoire Webber, Paul Yowell, Richard Ekins, Maris Köpcke, Bradley W Miller and Francisco J Urbina try to respond to these challenging questions. This article discusses critically some of the theses defended in the book. It aims to enhance some of their insights and bring nuances to some others. It suggests that a metaphor that can capture the process towards realising rights is the one of ‘collaboration’ among various government institutions. The right collaboration between the legislature and courts can help uncover the substantive meaning of the ‘general will’ that is so important towards realising rights. Engaging with works such as Legislated Rights allows the reader to form her own reflections on the proper articulations between rights and the common good.

Keywords: Right, Justice, Judicial Review, Constitutionalism, Comparative Law, Legislation

Suggested Citation

Tourkochoriti, Ioanna, What is the Best Way to Realise Rights? (May 23, 2019). Oxford Journal of Legal Studies, Volume 39, Issue 1, Spring 2019, Pages 209–228, doi/10.1093/ojls/gqz004, Available at SSRN: https://ssrn.com/abstract=3392910

Ioanna Tourkochoriti (Contact Author)

Harvard Law School ( email )

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National University of Ireland, Galway (NUIG) - School of Law ( email )

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University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

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United States

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