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International human rights law is often criticized as an infringement of constitutional democracy. In The Promise of Human Rights, Jamie Mayerfeld argues to the contrary that international human rights law provides a necessary extension of checks and balances and therefore completes the domestic constitutional order. In today's world, constitutional democracy is best understood as a cooperative project enlisting both domestic and international guardians to strengthen the protection of human rights. Reasons to support this view may be found in the political philosophy of James Madison, the principal architect of the U.S. Constitution.
The Promise of Human Rights presents sustained theoretical discussions of human rights, constitutionalism, democracy, and sovereignty, along with an extended case study of divergent transatlantic approaches to human rights. Mayerfeld shows that the embrace of international human rights law has inhibited human rights violations in Europe whereas its marginalization has facilitated human rights violations in the United States. A longstanding policy of "American exceptionalism" was a major contributing factor to the Bush administration's use of torture after 9/11.
Mounting a combination of theoretical and empirical arguments, Mayerfeld concludes that countries genuinely committed to constitutional democracy should incorporate international human rights law into their domestic legal system and accept international oversight of their human rights practices.
- Sales Rank: #2032695 in Books
- Published on: 2016-04-29
- Original language: English
- Number of items: 1
- Dimensions: 9.20" h x 1.00" w x 6.30" l,
- Binding: Hardcover
- 320 pages
Review
"Jamie Mayerfeld's book is an important contribution to democratic theory and to human rights scholarship. His reasoning is lucid, the research careful, and the breadth impressive."—Michael Goodhart, University of Pittsburgh
"The Promise of Human Rights speaks directly to U.S. debates about the appropriate relationship between international human rights law and domestic law and places the debates firmly within the context of torture in the War on Terror. Jamie Mayerfeld contributes an original addition to the scholarship."—Fiona de Londras, University of Birmingham
"One of the most important of the powerful arguments in this wide-ranging book is its demonstration that the marginalization of international human rights in U.S. legal culture facilitated the 'moral and legal wreckage' and the 'strategic calamity' recently produced by torture."—Henry Shue, University of Oxford
About the Author
Jamie Mayerfeld is Professor of Political Science at the University of Washington.
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