‘Human rights will be the weaker if they are seen as the impositions of controversial interpretations of basic rights out with the scope of democratic accountability.’ (T. Campbell, ‘Human Rights: A...

‘Human rights will be the weaker if they are seen as the impositions of controversial interpretations of basic rights out with the scope of democratic accountability.’ (T. Campbell, ‘Human Rights: A Culture of Controversy’ (1999) 26 Journal of Law and Society 6, 6)

Consider whether, as Campbell suggests, the most controversial aspect of human rights is the constraints which the concept imposes upon democratic politics?

¹⁷⁷

Al-Skeini v United Kingdom (2011) 53 EHRR 18, [141].

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G. Letsas, ‘Two Concepts of the Margin of Appreciation’ (2006) 26 OJLS 705, 709.

¹⁷⁹

Al-Skeini v United Kingdom (2011) 53 EHRR 18, Concurring Opinion, [38].

¹⁸⁰
J. Laws, ‘Law and Democracy’ [1995] PL 72, 93.

¹⁸¹

Kay v Lambeth BC [2006] UKHL 10; [2006] 2 AC 465, [32].