Legislated Rights and Contemporary Constitutional Government

13 Pages Posted: 6 Oct 2020

See all articles by Grégoire Webber

Grégoire Webber

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

Richard Ekins

University of Oxford - Faculty of Law

Multiple version iconThere are 2 versions of this paper

Date Written: October 5, 2020


Abstract: This reply, written for a symposium in (2020) 10 Jurisprudence on Legislated Rights: Securing Human Rights Through Legislation (Cambridge University Press 2018, pb 2019), engages with the careful, constructive, and critical challenges of Timothy Endicott, Dimitris Tsarapatsanis, and Lael Weis. Organised around the theme of the relevance of Legislated Rights for modern constitutional government, the reply explores four themes: (1) institutional analysis and the nature of rights; (2) the role of the executive in the legislature and beyond it; (3) the relationship between legislation, adjudication, and interpretation; and (4) the continuing relevance of Dworkin’s policy/principle dual-forum thesis, including among several proponents of weak-form, dialogic, or Commonwealth conceptions of judicial review.

Keywords: human rights, constitutional theory, separation of powers, the executive, legislatures, judicial review, Ronald Dworkin, weak-form review, Commonwealth constitution, constitutional dialogue

Suggested Citation

Webber, Grégoire and Ekins, Richard, Legislated Rights and Contemporary Constitutional Government (October 5, 2020). (2020) 11 Jurisprudence, Queen's University Legal Research Paper No. 2020-007, Available at SSRN: https://ssrn.com/abstract=3705318

Grégoire Webber (Contact Author)

Queen's University - Faculty of Law ( email )

128 Union Street
Kingston, Ontario K7L3N6

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

London School of Economics - Law School ( email )

Houghton Street
London, WC2A 2AE
United Kingdom

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

Richard Ekins

University of Oxford - Faculty of Law ( email )

St Giles
Oxford, Oxfordshire OX1 3JP
United Kingdom

HOME PAGE: http://www.law.ox.ac.uk/profile/richard.ekins

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