Legislated Rights in the Anglo-American Tradition

Abstract

This article is a reply to critics and readers published in a symposium issue of the Faulkner Law Review (volume 10) devoted to Legislated Rights: Security Human Rights through Legislation (Cambridge University Press 2018; paperback, 2019). Richard Ekins and Grégoire Webber, two of the six authors of Legislated Rights, respond to essays by Victoria Nourse, Robert Lowry Clinton, Andy G. Olree, and Adam J. MacLeod. The article is organised around the following themes: central case method; rights protection in the United States in comparative perspective; legislated rights and constitutional structure; scepticism about judicial review; oppressive ‘rights’ legislation; and legislated rights and common law.

Keywords: human rights, legal rights, constitutional law, central case analysis, judicial review