Bringing rights home: time to start a family?

$48.00 plus tax (Refund Policy)

Download / Buy Article:

Abstract:

Proposals for a new constitutional settlement have highlighted issues, many of them factitious, about the Human Rights Act. This paper suggests that the relationship of rights to duties is poorly understood, and that the majority of recognised rights already carry corresponding duties, but that to try to make the enjoyment of rights conditional on the fulfilment of duties is neither principled nor practicable. It is suggested that, using mutual respect as a sounder basis, a larger Bill of Rights can be contemplated. But good constitutions cannot be willed into being: pending the arrival of a constitutional moment, reform is likely to be a process of interest-group wrangling in which the most that can be looked for are some modest but necessary reforms.

Document Type: Research Article

DOI: http://dx.doi.org/10.1111/j.1748-121X.2008.00086.x

Publication date: September 1, 2008

Related content

Tools

Favourites

Share Content

Access Key

Free Content
Free content
New Content
New content
Open Access Content
Open access content
Subscribed Content
Subscribed content
Free Trial Content
Free trial content
Cookie Policy
X
Cookie Policy
ingentaconnect website makes use of cookies so as to keep track of data that you have filled in. I am Happy with this Find out more