Legislatures and Rights: A Comment on Webber et al.’s Legislated Rights

Abstract

This Comment discusses Grégoire Webber et al.’s Legislated Rights: Securing Human Rights Through Legislation (2018). It explores the book’s contributions in reconceptualizing the relationships between legislation and rights and between legislatures and rights. In discussing the relationship between legislatures and rights, this Comment unpacks the relationship between three questions in this area: the normative question of what legislatures ought to do, the institutional capacity question of what legislatures are capable of doing, and the empirical question of what legislatures usually do in practice.

Keywords: Legislatures, parliament, human rights, legisprudence, legislation, constitutional rights