The Constitutional Influence of the Judicial Committee of the Privy Council on the UK’s Apex Court: Institutional Proximity and Jurisprudential Divergence? (2020)
Journal Article
Masterman, R. (2020). The Constitutional Influence of the Judicial Committee of the Privy Council on the UK’s Apex Court: Institutional Proximity and Jurisprudential Divergence?. Northern Ireland Legal Quarterly, 71(2), 285-302

It is often claimed that the constitutional role of the UK’s apex court is enriched as a result of the experiences of the Judicial Committee of the Privy Council as interpreter of constitutions within its overseas jurisdiction. This paper considers t... Read More about The Constitutional Influence of the Judicial Committee of the Privy Council on the UK’s Apex Court: Institutional Proximity and Jurisprudential Divergence?.

Conclusion: Reflections on the First Five Years of the Prevent Duty in Early Years, Primary, Secondary and Further Education (2020)
Book Chapter
Jerome, L., Busher, J., Armstrong, M., Choudhury, T., da Silva, R., Elwick, A., …Thomas., P. (2020). Conclusion: Reflections on the First Five Years of the Prevent Duty in Early Years, Primary, Secondary and Further Education. In J. Busher, & L. Jermone (Eds.), The Prevent Duty in Education: Impact, Enactment and Implications (159-169). Palgrave

The Introduction of the Prevent Duty into Schools and Colleges: Stories of Continuity and Change (2020)
Book Chapter
Busher, J., Choudhury, T., & Thomas, P. (2020). The Introduction of the Prevent Duty into Schools and Colleges: Stories of Continuity and Change. In J. Busher, & L. Jerome (Eds.), The Prevent Duty in Education: Impact, Enactment and Implications (33-53). Palgrave. https://doi.org/10.1007/978-3-030-45559-0_3%23doi

Drawing on mixed methods research carried out with school and college staff during 2015 and 2016, this chapter provides insight into how the Prevent Duty ‘landed’ in schools and colleges during the first 18 months after its introduction in July 2015.... Read More about The Introduction of the Prevent Duty into Schools and Colleges: Stories of Continuity and Change.

Syria & Locating Tyranny, Hegemony and Anarchy in Contemporary International Law (2020)
Journal Article
O'Donoghue, A. (2020). Syria & Locating Tyranny, Hegemony and Anarchy in Contemporary International Law. Jus Cogens, 2(1), 29-55. https://doi.org/10.1007/s42439-020-00015-0

Substantive renderings of tyranny, hegemony or anarchy as governance forms within international law seldom appear. When invoked, tyranny and anarchy are presented as exceptional while hegemony, in accounts often borrowed from international relations... Read More about Syria & Locating Tyranny, Hegemony and Anarchy in Contemporary International Law.

Is There Really Anything Wrong With an Absolute Principle? (2020)
Book Chapter
Beyleveld, D., & Brownsword, R. (2020). Is There Really Anything Wrong With an Absolute Principle?. In M. Borowski (Ed.), Modern German Non-Positivism – From Radbruch to Alexy (279-292). Mohr Siebeck

The ‘Range of Reasonable Responses’ test: A Poor ‘Substitution’ for the Statutory Language (2020)
Journal Article
Baker, A. (2021). The ‘Range of Reasonable Responses’ test: A Poor ‘Substitution’ for the Statutory Language. Industrial Law Journal, 50(2), 226-263. https://doi.org/10.1093/indlaw/dwaa006

The ‘range of reasonable responses’ (RORR) test for assessing the fairness of a dismissal under section 98(4) ERA 1996 started life as a mistake and never recovered. Where the statute tells judges a dismissal is unfair if an employer acted ‘unreasona... Read More about The ‘Range of Reasonable Responses’ test: A Poor ‘Substitution’ for the Statutory Language.

Bioethics by Committee (2019)
Presentation / Conference
Pattinson, S. D. (2019, December). Bioethics by Committee. Paper presented at SLS Annual Conference 2019, Preston

Tony Bland as a 'Novel Being' (2019)
Presentation / Conference
Pattinson, S. D. (2019, December). Tony Bland as a 'Novel Being'. Paper presented at Novel Beings in the Humanities, Newcastle University

Criminalisation and quasi-criminalisation of terrorism: emerging trends and tensions with human rights law in the UK (2019)
Book Chapter
Fenwick, H. (2019). Criminalisation and quasi-criminalisation of terrorism: emerging trends and tensions with human rights law in the UK. In D. K. Brown, J. I. Turner, & B. Weisser (Eds.), The Oxford Handbook of Criminal Process. Oxford University Press

Intelligence Law and Oversight in the UK (2019)
Book Chapter
Leigh, I. (2019). Intelligence Law and Oversight in the UK. In J. Dietrich, & S. Sule (Eds.), Intelligence law and policies in Europe (535-585). C.H. Beck/ Hart

国家刑法与《罗马规约》第7条中对LGBT群体的定罪 (2019)
Journal Article
Bohlander, M. (2019). 国家刑法与《罗马规约》第7条中对LGBT群体的定罪

Life after Brexit: Operationalising the Belfast/Good Friday Agreement’s Principle of Consent (2019)
Journal Article
Murray, C., & O'Donoghue, A. (2019). Life after Brexit: Operationalising the Belfast/Good Friday Agreement’s Principle of Consent. Dublin University law journal, 42(1), 147-189

Brexit has energised discussions upon Irish (re)unification, with even Theresa May recognising that the threat of a no-deal Brexit heightens the possibility of the break up of the UK. The increasingly prominent discussion of a so-called “border poll”... Read More about Life after Brexit: Operationalising the Belfast/Good Friday Agreement’s Principle of Consent.

Multi-Layered Constitutions (2019)
Book Chapter
Masterman, R. (2019). Multi-Layered Constitutions. In R. Masterman, & R. Schütze (Eds.), The Cambridge companion to comparative constitutional law (47-497). Cambridge University Press. https://doi.org/10.1017/9781316716731.019

Examination of the state-centric dynamics of constitutions can only partially illuminate the multi-faceted characteristics of constitutional law. A statist focus often obscures both internal and external dimensions of constitutions themselves, and of... Read More about Multi-Layered Constitutions.

"Ourworld": A Feminist Approach to Global Constitutionalism (2019)
Journal Article
Houghton, R., & O'Donoghue, A. (2020). "Ourworld": A Feminist Approach to Global Constitutionalism. Global Constitutionalism, 9(1), 38-75. https://doi.org/10.1017/s2045381719000273

Global constitutionalism offers a utopian picture of the future of international law. Its advocates suggest a governance system is emergent that will fill the gaps in legitimacy, democracy and the rule of law present in international law. Speculation... Read More about "Ourworld": A Feminist Approach to Global Constitutionalism.

The Cambridge Companion to Comparative Constitutional Law (2019)
Book
Masterman, R., & Schütze, R. (Eds.). (2019). The Cambridge Companion to Comparative Constitutional Law. Cambridge University Press

“External Stakeholder Benevolence”: An Emerging Policy Paradigm in International Criminal Justice? – Critical reflections on the Paris Declaration 2017 and the Oslo Recommendations 2018 on the efficiency and legitimacy of international courts (2019)
Book Chapter
Bohlander, M. (2019). “External Stakeholder Benevolence”: An Emerging Policy Paradigm in International Criminal Justice? – Critical reflections on the Paris Declaration 2017 and the Oslo Recommendations 2018 on the efficiency and legitimacy of international courts. In G. Z. Capaldo (Ed.), Global community yearbook of international law and jurisprudence 2018 (21-67). Oxford University Press. https://doi.org/10.1093/oso/9780190072506.003.0002

The debate about concerns surrounding the efficiency and legitimacy of international (criminal) courts has been joined by a new voice, judicial declarations on how proceedings can be expedited and the legitimacy deficit resolved, in particular the Pa... Read More about “External Stakeholder Benevolence”: An Emerging Policy Paradigm in International Criminal Justice? – Critical reflections on the Paris Declaration 2017 and the Oslo Recommendations 2018 on the efficiency and legitimacy of international courts.

Punitive and Preventive Justice in an Era of Profiling, Smart Prediction and Practical Preclusion: Three Key Questions (2019)
Journal Article
Beyleveld, D., & Brownsword, R. (2019). Punitive and Preventive Justice in an Era of Profiling, Smart Prediction and Practical Preclusion: Three Key Questions. International Journal of Law in Context, 15(2), 198-218. https://doi.org/10.1017/s1744552319000120

In the context of a technology-driven algorithmic approach to criminal justice, this paper responds to the following three questions: (1) what reasons are there for treating liberal values and human rights as guiding for punitive justice; (2) is prev... Read More about Punitive and Preventive Justice in an Era of Profiling, Smart Prediction and Practical Preclusion: Three Key Questions.

The Courts and Conscience Claims (2019)
Book Chapter
Leigh, I. (2019). The Courts and Conscience Claims. In J. Adenitire (Ed.), Religious beliefs and conscientious exemptions in a liberal state. Hart Publishing. https://doi.org/10.5040/9781509920969.ch-006

Murder by Dangerous Driving: Decision of the BGH of 16 January 2019, Case No 4 StR 345/18 Judgment of the LG Hamburg of 19 February 2018, Case No 621 Ks 12/17 German Federal Court of Justice (Bundesgerichtshof—BGH) 4th Criminal Senate (2019)
Journal Article
Bohlander, M. (2019). Murder by Dangerous Driving: Decision of the BGH of 16 January 2019, Case No 4 StR 345/18 Judgment of the LG Hamburg of 19 February 2018, Case No 621 Ks 12/17 German Federal Court of Justice (Bundesgerichtshof—BGH) 4th Criminal Senate. Journal of Criminal Law, 83(3), 191-194

Can Global Constitutionalism be Feminist? (2019)
Book Chapter
O'Donoghue, A., & Houghton, R. (2019). Can Global Constitutionalism be Feminist?. In S. Harris Rimmer, & K. Ogg (Eds.), Research handbook on feminist engagement with international law (81-102). Edward Elgar Publishing