Contents:

List of Contributors

Table of Cases

Table of Treaties and Legislation

1. Introduction: On Being Sceptical about Human Rights

Adam Tomkins

Part One: Scepticism and Human Rights

2. Constitutive Citizenship versus Constitutional Rights: Republican

Reflections on the EU Charter and the Human Rights Act Richard Bellamy

3. Rights, Democracy, and Law

Martin Loughlin

4. Legislative Sovereignty and the Rule of Law

Jeffrey Goldsworthy

5. Incorporation through Interpretation

Tom Campbell

6. The Unbalanced Constitution

K.D. Erring

7. Human Rights in a Postnational Order: Reconciling Political and

Constitutional Pluralism Neil Walker

Part Two: The Impact and Implications of the Human Rights Act

8. Rights versus Devolution

Chris Himsmorth

9. Contested Constitutionalism: Human Rights and Deliberative Democracy in

Northern Ireland Colin Harvey

10. Taking Wales Seriously

Richard Rawlings

11. Scepticism under Scrutiny: Labour Law and Human Rights

Sandra Fredman

12. Discrimination Law and the Human Rights Act 1998

Aileen McColgan

13. Tort Law and the Human Rights Act

Conor Gearty

14. Criminal justice, judicial Interpretation, Legal Right: On Being

Sceptical about the Human Rights Act 1998 Alan Norrie

15. Minority Protection and Human Rights

Part Three: The Experience of Elsewhere: Reasons to be Sceptical

16. The South African Experience of Judicial Rights Discourse: A Critical

Appraisal

Saras Jagwanth

17. Rights-Based Constitutional Review in Central and Eastern Europe

Wojciech Sadurski

18. The Canadian Charter of Rights: Recognition, Redistribution, and the

Imperialism of the Courts

Judy Fudge

19. Scepticism about judicial Review: A Perspective from the United States

Mark Tushnet

20. The Effect of a Statutory Bill of Rights where Parliament is

Sovereign: The Lesson from New Zealand

James Allan

21. The Australian Free Speech Experiment and Scepticism about the UK

Human Rights Act

Adrienne Stone