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The Promise of Human Rights

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International human rights law is sometimes criticized as an infringement of constitutional democracy. Against this view, Jamie Mayerfeld argues that international human rights law provides a neces...
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  • 04 October 2019
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International human rights law is sometimes criticized as an infringement of constitutional democracy. Against this view, Jamie Mayerfeld argues 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.

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Price: $34.95
Pages: 320
Publisher: University of Pennsylvania Press, Inc.
Imprint: University of Pennsylvania Press
Series: Pennsylvania Studies in Human Rights
Publication Date: 04 October 2019
Trim Size: 9.00 X 6.00 in
ISBN: 9780812224580
Format: Paperback
BISACs:

POLITICAL SCIENCE / Human Rights, Law: Human rights and civil liberties, LAW / International

"Jamie Mayerfeld's The Promise of Human Rights is a timely corrective to persistent misconceptions about international human rights law's relationship to United States sovereignty and democracy. At a moment when 'American Exceptionalism' has re-emerged, in a new and crasser form, as a normative challenge to compliance with international legal constraints, Mayerfeld reminds us of American democracy's roots in a Madisonian tradition that emphasizes the complex challenges of self-government and the need for checks on the concentration of power. Mayerfeld correctly notes that national sovereignty, far from precluding international legal obligations, is precisely what is exercised in the undertaking of such obligations."
Jamie Mayerfeld is Professor of Political Science at the University of Washington.

Introduction
Chapter 1. Human Rights
Chapter 2. Madison's Compound Republic and the Logic of Checks and Balances
Chapter 3. Europe and the Virtues of International Constitutionalism
Chapter 4. American Exceptionalism and the Betrayal of Human Rights, Part I: The Torture Memos
Chapter 5. American Exceptionalism and the Betrayal of Human Rights, Part II: Enabling Torture
Chapter 6. The Democratic Legitimacy of International Human Rights Law
Conclusion

Notes
Index
Acknowledgments