Boundaries of State, Boundaries of Rights
Cambridge University Press, 10/20/2016
EAN 9781107066502, ISBN10: 1107066506
Hardcover, 342 pages, 23.6 x 15.8 x 2.5 cm
Language: English
This collection of essays draws together innovative scholars to examine the relationship between two legal and political phenomena: the shrinking of the state as a monopoly of power in favour of the expansion of power over individuals in private hands, and the change in the nature of rights. The authors expertly discuss the implications of the changing boundaries of state power, the legal responses to this development, its application to human rights, and re-conceptualizations of public life as obligations are handed over to private hands. This innovative book deals with an important set of problems and offers a fresh perspective of different legal themes in an integrated fashion.
Introduction Tsvi Kahana and Anat Scolnicov
1. Our rights, but whose duties? Re-conceptualizing rights in the era of globalization Jean Thomas
2. On suffering and societal constitutionalism
at the border of international investment and arbitration David Schneiderman
3. Beware
boundary crossings José E. Alvarez
4. Dialogue and constitutional duty Mark Tushnet
5. Positive obligations, positive rights and constitutional amendment Vicki C. Jackson
6. Privatizing public rights
common law and state action in the United States Helen Hershkoff
7. Abdications of sovereignty in state action and horizontal effect jurisprudence Johan van der Walt
8. Hybrid state accountability and hybrid rights
positive rights, exclusion, and state action in Canada Tsvi Kahana
9. Human rights and derivative rights
the European Convention on Human Rights and the rights of corporations Anat Scolnicov
10. Judicial review and Human Rights Act review in contracted-out public services
options for litigation in English law A. C. L. Davies
11. Privatization and human rights in the United Kingdom Stephanie Palmer
12. Principles of public fiduciary administration Paul B. Miller
13. Human rights indicators and boundaries of accountability and opportunity Megan Dersnah and Ron Levi.