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The Legal Protection of Human RightsSceptical Essays$
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Tom Campbell, K.D. Ewing, and Adam Tomkins

Print publication date: 2011

Print ISBN-13: 9780199606078

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199606078.001.0001

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The Political Institutions of Rights-Protection

The Political Institutions of Rights-Protection

(p.297) 14 The Political Institutions of Rights-Protection
The Legal Protection of Human Rights

Mark Tushnet

Oxford University Press

This chapter explores the determinants of a politics that is directed at the specification of rights, including: whether there is parliamentary supremacy or separation of powers, whether the legislation is primarily rights focussed, the access of interest groups to a party political structure, the extent to which parties are coalitions, the strength of the party leaders, whether the members have an independent political base, and whether the leadership of a party is at stake. All the factors are shown to be relevant to the prospect of political parties being engaged in the effective protection of human rights.

Keywords:   separation of powers, interest groups, coalitions, political in dependence, political parties, party leadership

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