Legislated Rights in the Anglo-American Tradition

Ekins, Richard; Webber, Grégoire

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Legislated Rights in the Anglo-American Tradition

Faulkner Law Review, Vol. 10, 2018

Queen's University Legal Research Paper No. 2020-001

31 Pages Posted: 14 Jan 2020

See all articles by Richard Ekins

Grégoire Webber

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

Date Written: January 13, 2020

Abstract

This article is a reply to critics and readers of a symposium issue published in volume 10 of the Faulkner Law Review on Legislated Rights: Securing 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. Orlee, 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, judicial review

Suggested Citation: Suggested Citation

Ekins, Richard and Webber, Grégoire, Legislated Rights in the Anglo-American Tradition (January 13, 2020). Faulkner Law Review, Vol. 10, 2018, Queen's University Legal Research Paper No. 2020-001, Available at SSRN: https://ssrn.com/abstract=3518413