Roach K. Common Law Bills of Rights as Dialogue Between Courts and Legislatures

Human Rights Quarterly Volume 32, Number 1, February 2010 pp. 179-186 Subject Headings: Human rights - Research. Abstract: This article suggests that research in the field of human rights, especially when it is legal in nature, tends to devote surprisingly little attention to questions of methodology. This may be a result of the fact that human rights scholars often are (former) human rights activists. Dispensing with methodological constraint...

Human Rights Quarterly Volume 32, Number 1, February 2010 pp. 144-178 Subject Headings: International Covenant on Economic, Social, and Cultural Rights (1966) Human rights. Abstract: At the 2009 Treaty Event held at UN Headquarters in New York, twentynine states signed the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. This new treaty had been adopted by consensus of the United Nations General Assembly...

Human Rights Quarterly Volume 32, Number 1, February 2010 pp. 187-197 Subject Headings: Human rights - Moral and ethical aspects. Abstract: Attempts to justify human rights in terms of other sources of normativity unwittingly weaken the case of human rights. Instead these rights should be treated as moral causes that speak to us directly, as one of those rare precepts that are self-evident. All will hear self-evident moral claims unless they...

Cambridge University Press, 2006. 285 p. This new edition of David Forsythe’s successful textbook provides an authoritative overview of the place of human rights in international politics in an age of terrorism. The book focuses on four central themes: the resilience of human rights norms, the importance of soft law, the key role of non-governmental organizations, and the changing nature of state sovereignty. Human rights standards are examined...

Human Rights Quarterly, Volume 24, Number 3, August 2002, pp. 736-780 (Article) This article will examine the jurisprudence of the European Court of Human Rights (Court), as it relates to, and possibly impinges on, minority groups. The European Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention) contains no minority rights provision akin to Article 27 of the International Covenant on Civil and Political R...

Published by Osgoode Hall Law School, York University This article responds to the argument that judicial review of legislation under the Canadian Charter of Rights and Freedoms is illegitimate because it is undemocratic. The authors show that Charter cases nearly always can be, and often are, followed by new legislation that still accomplishes the same objectives as the legislation that was struck down. The effect of the Charter is rarely to bl...

Human Rights Watch World Report 2011: Events of 2011 This 21st annual World Report summarizes human rights conditions in more than 90 countries and territories worldwide. It reflects extensive investigative work undertaken in 2010 by Human Rights Watch staff, usually in close partnership with domestic human rights activists. With increasing frequency, governments that might exert pressure for human rights improvement are accepting the rationaliz...

Human Rights Quarterly 25 (2003) 74–92 © 2003 by The Johns Hopkins University Press The global expansion of human rights has shifted modes of political engagement in significant ways. This article analyzes this shift as one towards judicial agency, where an increasingly dense web of legal rights mediated by judicial and administrative bodies enables the individual to bypass traditional democratic forms of political mobilization. Through this new...

University of Toronto Law Journal, Volume 57, Number 2, Spring 2007, pp. 449-477 (Article) Published by University of Toronto Press Frank Iacobucci played the lead role in introducing the metaphor of judicial review as a form of dialogue between courts and legislatures into Canadian constitutional law. He discussed dialogue in reference to interpreting both rights and limitations under the Canadian Charter of Rights and Freedoms, but also in re...

Human Rights Quarterly, Volume 33, Number 1, February 2011, pp. 1-42 This article explores why the right to work remains underdeveloped through an analysis of its theoretical origins and developmental path. First, the article explores specific content of the right to work, as well as the international legal instruments that generate that content. Second, the article examines the development of the right over time, and the debates that have shape...