Tom Campbell's Proposal for a Democratic Bill of Rights

Australian Journal of Legal Philosophy, Vol. 34, 2009

U of Melbourne Legal Studies Research Paper No. 495

9 Pages Posted: 31 Aug 2010 Last revised: 5 Sep 2010

See all articles by Adrienne Stone

Adrienne Stone

University of Melbourne - Law School

Date Written: August 30, 2010

Abstract

In this essay, written for a symposium in honor of Tom Campbell, I examine Campbell’s contribution to a public and scholarly debate about Australian bills of rights. His engagement in this debate itself shows something of his intellectual commitments. Although deeply engaged with fundamental questions of political and legal philosophy, he brings his philosophical insights to bear on contemporary legal and political questions.

Tom Campbell is a well-known opponent of the enactment of a constitutional bill of rights and a critic of statutory forms as well. In this essay, I will briefly review the arguments he makes against constitutional rights and his criticism of the statutory forms before moving to consider a more recent aspect of his work, a proposal for a ‘democratic’ bill of rights.

Keywords: Tom Campbell, prescriptive legal positivism, bills of rights

JEL Classification: K00, K19, K39

Suggested Citation

Stone, Adrienne, Tom Campbell's Proposal for a Democratic Bill of Rights (August 30, 2010). Australian Journal of Legal Philosophy, Vol. 34, 2009, U of Melbourne Legal Studies Research Paper No. 495, Available at SSRN: https://ssrn.com/abstract=1669065

Adrienne Stone (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010

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