| Special Workshop Title: | Practical and Theoretical Problems in Legislation. Research in Legisprudence |
| Author: | Tom Campbell (Canberra) |
| Paper Title: | Legislating Human Rights |
| Abstract: | Many of the objections that are made to Bills of Rights can be met by legislating for human rights. This does not involve a legislative Bill of Rights (to which many of the same objections apply), but more specific legislation aimed at particular human rights, such as anti-discrimination law. This paper discusses the advantages and disadvantages of the legislative approach to the articulation, protection and furtherance of human rights. The gains in terms of legitimation and concreteness are weighed against the losses in terms of division of powers and protection of minorities. Attention is given to how human rights legislation might be identified and how it might be given special status to mark its distinctive role. |
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