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3 - Rule-of-Law Rights and Populist Impatience

Published online by Cambridge University Press:  22 April 2020

Gerald L. Neuman
Affiliation:
Harvard Law School, Massachusetts
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Summary

Human rights are a mixed bag, and populist antipathy towards human rights is not spread evenly across its contents. The idea of a human right as such is too abstract to be sustained as an object of political suspicion. Usually it is some subset of human rights or some particular aspect of human rights practice that excites critical attention from populist politicians and the citizens who support them. The subset of rights that I want to concentrate on I will call “Rule-of-Law rights.” By that I mean the cluster of rights in each of the main human rights instruments that protect Rule-of-Law values, particularly procedural values.

Type
Chapter
Information
Human Rights in a Time of Populism
Challenges and Responses
, pp. 43 - 59
Publisher: Cambridge University Press
Print publication year: 2020

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References

Comment, “Human Rights Is a Charter for Criminals and Parasites: Our Anger Is No Longer Enough.” Mail on Sunday, July 14, 2012, www.dailymail.co.uk/debate/article-2173666/Human-rights-charter-criminals-parasites-anger-longer-enough.html.Google Scholar
“MPs Reject Prisoner Votes Plan.” BBC News, February 10, 2011, www.bbc.com/news/uk-politics-12409426.Google Scholar
“Strong Leadership, a Clear Economic Plan, a Brighter, More Secure Future: The Conservative Party Manifesto 2015.” www.conservatives.com/manifesto2015.Google Scholar
Alston, Philip. “The Populist Challenge to Human Rights.” Journal of Human Rights Practice 9, no. 1 (2017): 115.Google Scholar
Barnes, Robert. “Breyer Says Understanding Foreign Law Is Critical to Supreme Court’s Work.” Washington Post, September 12, 2015, www.washingtonpost.com/politics/courts_law/breyer-says-understanding-foreign-law-is-critical-to-supreme-courts-work/2015/09/12/36a38212-57e9-11e5-8bb1-b488d231bba2_story.html.Google Scholar
Bingham, Tom. The Rule of Law. London: Allen Lane, 2010.Google Scholar
Bowcott, Owen. “Council of Europe Accepts UK Compromise on Prisoner Voting Rights.” The Guardian, December 7, 2017, www.theguardian.com/politics/2017/dec/07/council-of-europe-accepts-uk-compromise-on-prisoner-voting-rights.Google Scholar
Dicey, A.V. Introduction to the Study of the Law of the Constitution. Indianapolis: Liberty Fund, 1982.Google Scholar
Fuller, Lon. The Morality of Law. New Haven, CT: Yale University Press, 1964.Google Scholar
Hoffmann, Leonard. “Human Rights and the House of Lords.” Modern Law Review 62, no. 2 (1999): 159166.Google Scholar
Holehouse, Matthew. “David Cameron: I Will Ignore Europe’s Top Court on Prisoner Voting.” Daily Telegraph, October 4, 2015, www.telegraph.co.uk/news/uknews/law-and-order/11911057/David-Cameron-I-will-ignore-Europes-top-court-on-prisoner-voting.html.Google Scholar
House of Lords, European Union Committee, The UK, the EU, and a British Bill of Rights, HL 139 (2016).Google Scholar
Joset, Jennelle London. “May It Please the Constitution: Judicial Activism and Its Effect on Criminal Procedure.” Marquette Law Review 79, no. 4 (1996): 10211040.Google Scholar
Kmiec, Keenan D.The Origin and Current Meanings of Judicial Activism.” California Law Review 92, no. 5 (2004): 14411477.CrossRefGoogle Scholar
Malcolm, Noel. Human Rights and Political Wrongs: A New Approach to Human Rights. London: Policy Exchange, 2017. Available at https://policyexchange.org.uk/wp-content/uploads/2017/12/Human-Rights-and-Political-Wrongs.pdf.Google Scholar
Marcus, Ruth. “Our Criminal Justice System Is Not a ‘Joke.’ Yet.” Washington Post, November 3, 2017, www.washingtonpost.com/opinions/our-criminal-justice-system-is-not-a-joke-yet/2017/11/03/8aeb386c-c0d6-11e7-97d9-bdab5a0ab381_story.html.Google Scholar
McKinstry, Leo. “Human Right’s [sic] Act Has Become the Villain’s Charter: The Human Rights Act Continues to Exert Its Malign Influence.” Daily Express, October 3, 2011, www.express.co.uk/comment/columnists/leo-mckinstry/275220/Human-right-s-act-has-become-the-villain-s-charter.Google Scholar
Montesquieu, , The Spirit of the Laws, translated and edited by Cohler, Anne M., Miller, Basia Carolyn, and Stone, Harold Samuel. Cambridge: Cambridge University Press, 1989.Google Scholar
Müller, Jan-Werner. What Is Populism? Philadelphia, PA: University of Pennsylvania Press, 2016.CrossRefGoogle Scholar
Neuman, Gerald L.Human Rights and Constitutional Rights: Harmony and Dissonance.” Stanford Law Review 55, no. 5 (2003): 18631900.Google Scholar
Raz, Joseph. “The Rule of Law and Its Virtue,” in The Authority of Law: Essays on Law and Morality. Oxford: Clarendon Press, 1979.CrossRefGoogle Scholar
Roth, Kenneth. “The Dangerous Rise of Populism: Global Attacks on Human Rights Values.” Journal of International Affairs, 2017 (Special 70th Anniversary issue): 79–84.Google Scholar
Stone, Jon. “British Bill of Rights Plan Shelved again for Several More Years.” The Independent, February 23, 2017, www.independent.co.uk/news/uk/politics/scrap-human-rights-act-british-bill-of-rights-brexit-liz-truss-theresa-may-a7595336.html.Google Scholar
Swinford, Stephen. “Theresa May Is Preparing to Abandon Plans for a British Bill of Rights, Sources Suggest.” Daily Telegraph, January 26, 2017, www.telegraph.co.uk/news/2017/01/26/theresa-may-preparing-abandon-plans-british-bill-rights-sources/.Google Scholar
Waldron, Jeremy. “Dignity, Rights and Responsibilities.” Arizona State Law Journal 43, no. 4 (2011): 11071136.Google Scholar
Waldron, Jeremy. “The Rule of Law and the Importance of Procedure.” In Getting to the Rule of Law, edited by Fleming, James E. (Nomos 50). New York: New York University Press, 2011.Google Scholar
Waldron, Jeremy. Partly Laws Common to All Mankind”: Foreign Law in American Courts. New Haven, CT: Yale University Press, 2012.Google Scholar

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