| Article | Human Rights: a Democratic Way |
|---|---|
| Authors |
Campbell T.
|
| Name of magazine | Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language) |
| Issue | 2 / 2013 |
| Pages | 33 - 50 |
| Annotation | The article deals with the problem of the relation of political and legal functions of the human rights principally in the constitutional context of the Commonwealth of Nations. The author advocates the position of legalism, or ethical positivism, involving a model of the rule of law, according to which human rights Acts must serve legislative, rather than judicial, review that would facilitate both individual autonomy and democratic effectiveness. |
| Keywords | human rights, democracy, judicial review, legislative review, legalism, ethical positivism, rule of law. |
| References | |
| Electronic version | Download |