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Protecting private information in the digital era: making the most effective use of the availability of the actions under the GDPR/DPA and the tort of misuse of private information (2022)
Journal Article
Brimblecombe, F., & Fenwick, H. (2022). Protecting private information in the digital era: making the most effective use of the availability of the actions under the GDPR/DPA and the tort of misuse of private information. Northern Ireland Legal Quarterly, 73(1), 26-73. https://doi.org/10.53386/nilq.v73i1.999

Globally, enhanced data protection schemes are being introduced in the face of threats to privacy in the digital era. In England and Wales protection from one such threat – from unconsented-to disclosures of private information online - is covered by... Read More about Protecting private information in the digital era: making the most effective use of the availability of the actions under the GDPR/DPA and the tort of misuse of private information.

Prevent, free speech, ‘extremism’ and counter-terror interventions: exploring narratives about chilling expression in schools (2020)
Journal Article
Fenwick, H., & Fenwick, D. (2020). Prevent, free speech, ‘extremism’ and counter-terror interventions: exploring narratives about chilling expression in schools. Public Law, 2020, 661-679

Reflects on whether the Prevent strategy, intended to avoid persons being drawn into terrorism, is chilling expression in schools. Examines Prevent's operation, whether the term "extremism" is over-broad, whether referrals of pupils hinders free spee... Read More about Prevent, free speech, ‘extremism’ and counter-terror interventions: exploring narratives about chilling expression in schools.

‘Finding ‘East’/’West’ divisions in Council of Europe states on treatment of sexual minorities: the response of the Strasbourg Court and the role of consensus analysis’ (2019)
Journal Article
Fenwick, H., & Fenwick, D. (2019). ‘Finding ‘East’/’West’ divisions in Council of Europe states on treatment of sexual minorities: the response of the Strasbourg Court and the role of consensus analysis’. European Human Rights Law Review, 3, 247-273

Manifestations of prejudice against sexual minorities are currently especially resurgent in certain “Eastern” Council of Europe Member States. This article argues that the current approach at the Strasbourg Court in this context shows tensions betwee... Read More about ‘Finding ‘East’/’West’ divisions in Council of Europe states on treatment of sexual minorities: the response of the Strasbourg Court and the role of consensus analysis’.

Protecting free speech and academic freedom in universities (2018)
Journal Article
Cram, I., & Fenwick, H. (2018). Protecting free speech and academic freedom in universities. Modern Law Review, 81(5), 825-873. https://doi.org/10.1111/1468-2230.12366

Restrictions on speaking events in universities have been created both by recent student‐led efforts at ‘no‐platforming’ and by Part 5 of the Counter‐terrorism and Security Act 2015 which placed aspects of the government's Prevent strategy on a statu... Read More about Protecting free speech and academic freedom in universities.

Rejecting Asymmetry of Access to Formal Relationship Statuses for Same and Different-Sex Couples at Strasbourg and Domestically (2017)
Journal Article
Fenwick, H., & Hayward, A. (2017). Rejecting Asymmetry of Access to Formal Relationship Statuses for Same and Different-Sex Couples at Strasbourg and Domestically. European Human Rights Law Review, 2017(6), 544-563

This article interrogates the extent to which the formal recognition and protection of same and different-sex relationships at Strasbourg and in domestic courts has been accepted as attracting human rights protection. In order to do so it considers h... Read More about Rejecting Asymmetry of Access to Formal Relationship Statuses for Same and Different-Sex Couples at Strasbourg and Domestically.

The Conservative Project to ‘Break the Link between British Courts and Strasbourg’: Rhetoric or Reality? (2017)
Journal Article
Fenwick, H., & Masterman, R. (2017). The Conservative Project to ‘Break the Link between British Courts and Strasbourg’: Rhetoric or Reality?. Modern Law Review, 80(6), 1111-1136. https://doi.org/10.1111/1468-2230.12304

The Conservative party has repeatedly pledged to replace the HRA with a British Bill of Rights, with the aim of ‘breaking the link’ between domestic courts and Strasbourg. This article examines the implications of this proposal, the nature of the cur... Read More about The Conservative Project to ‘Break the Link between British Courts and Strasbourg’: Rhetoric or Reality?.

Terrorism and the control orders/TPIMs saga: a vindication of the Human Rights Act or a manifestation of ‘defensive democracy’? (2017)
Journal Article
Fenwick, H. (2017). Terrorism and the control orders/TPIMs saga: a vindication of the Human Rights Act or a manifestation of ‘defensive democracy’?. Public Law, 609-626

Considers the extent to which control orders and terrorism prevention and investigation measures (TPIMs) can be reconciled with the provisions of the Human Rights Act 1998. Discusses the initial minimising of rights under control orders, the subseque... Read More about Terrorism and the control orders/TPIMs saga: a vindication of the Human Rights Act or a manifestation of ‘defensive democracy’?.

Terrorism threats and temporary exclusion orders: counter-terror rhetoric or reality? (2017)
Journal Article
Fenwick, H. (2017). Terrorism threats and temporary exclusion orders: counter-terror rhetoric or reality?. European Human Rights Law Review, 2017(3), 247-271

Western democracies are currently facing a terrorist threat which comes mainly from their own Salafist-jihadi supporting citizens. In evaluating the threat there is at present a particular focus on nationals who have travelled abroad to support ISIS,... Read More about Terrorism threats and temporary exclusion orders: counter-terror rhetoric or reality?.

Same sex unions at the Strasbourg Court in a divided Europe: driving forward reform or protecting the Court’s authority via consensus analysis? (2016)
Journal Article
Fenwick, H. (2016). Same sex unions at the Strasbourg Court in a divided Europe: driving forward reform or protecting the Court’s authority via consensus analysis?. European Human Rights Law Review, 2016(3), 249-272

This article considers the division in Europe on the matter of recognition and protection of same-sex relationships in the form of registered partnerships or marriage, an issue of especial significance at the present time in a number of Council of Eu... Read More about Same sex unions at the Strasbourg Court in a divided Europe: driving forward reform or protecting the Court’s authority via consensus analysis?.

Redefining the Role of TPIMs in combatting "Home-Grown" Terrorism within the Widening Counter-Terror Framework (2015)
Journal Article
Fenwick, H. (2015). Redefining the Role of TPIMs in combatting "Home-Grown" Terrorism within the Widening Counter-Terror Framework. European Human Rights Law Review, 2015(1), 41-56

This article considers the current racheting up of the counter-terror response, triggering a mass of new and proposed counter-terror measures, partly in the Counter-Terrorism Bill 2015, which include strengthening TPIMs, put forward mainly to combat... Read More about Redefining the Role of TPIMs in combatting "Home-Grown" Terrorism within the Widening Counter-Terror Framework.

Hate crimes in cyber-space (2014)
Journal Article
Fenwick, H. (2014). Hate crimes in cyber-space. Times higher education supplement,

The changing face of protection for individual privacy against the press: Leveson, the Royal Charter and tort liability. (2013)
Journal Article
Fenwick, H., & Fenwick, D. (2013). The changing face of protection for individual privacy against the press: Leveson, the Royal Charter and tort liability. International Review of Law, Computers and Technology, 27(3), 241-279. https://doi.org/10.1080/13600869.2013.797203

This article evaluates two significant methods of protecting private information in the UK – via actions under the tort of misuse of private information, and via press regulation. As the Leveson Report has recently found, parts of the press have syst... Read More about The changing face of protection for individual privacy against the press: Leveson, the Royal Charter and tort liability..

Designing ETPIMS around ECHR review or normalisation of 'preventive' non-trial-Bbsed executive measures? (2013)
Journal Article
Fenwick, H. (2013). Designing ETPIMS around ECHR review or normalisation of 'preventive' non-trial-Bbsed executive measures?. Modern Law Review, 76(5), 876-908. https://doi.org/10.1111/1468-2230.12039

This article considers the transition in 2012 from control orders to more ECHR-compliant ‘terrorism prevention and investigation measures’ under the Terrorism Prevention and Investigation Measures Act 2011. It argues that the interaction between secu... Read More about Designing ETPIMS around ECHR review or normalisation of 'preventive' non-trial-Bbsed executive measures?.

The Human Rights Act or a British Bill of Rights: creating a down-grading recalibration of rights against the counter-terror backdrop? (2012)
Journal Article
Fenwick, H. (2012). The Human Rights Act or a British Bill of Rights: creating a down-grading recalibration of rights against the counter-terror backdrop?. Public Law, 468-490

Examines the arguments in favour of repealing the Human Rights Act 1998, and replacing it with a UK Bill of Rights, as they apply to counter-terrorism context. Reviews case law on the human rights compatibility of counter-terrorist measures, includin... Read More about The Human Rights Act or a British Bill of Rights: creating a down-grading recalibration of rights against the counter-terror backdrop?.

Preventive anti-terrorist strategies in the UK and ECHR: Control orders, TPIMs and the role of technology (2011)
Journal Article
Fenwick, H. (2011). Preventive anti-terrorist strategies in the UK and ECHR: Control orders, TPIMs and the role of technology. International Review of Law, Computers and Technology, 25(3), 129-141. https://doi.org/10.1080/13600869.2011.617434

The paper considers a key counter-terror strategy in the UK post-9/11 – the shift from a criminal justice response to the creation of a parallel preventive system running in tandem with the continuing criminal justice one. The preventive response doe... Read More about Preventive anti-terrorist strategies in the UK and ECHR: Control orders, TPIMs and the role of technology.

Terrorist asset-freezing – Continuing Flaws in the current scheme (2011)
Journal Article
A, T., H, F., & L, L. (2011). Terrorist asset-freezing – Continuing Flaws in the current scheme. International Review of Law, Computers and Technology, 25(3), 117-128. https://doi.org/10.1080/13600869.2011.617433

The Terrorist Asset-Freezing etc Act 2010 came into force on 17 December 2010. The 2010 Act repealed the previous Temporary Provisions Act. This article does not purport to provide comprehensive coverage of the Act; it outlines four main areas of con... Read More about Terrorist asset-freezing – Continuing Flaws in the current scheme.

The impact of Counter-terrorism measures on Muslim communities (2011)
Journal Article
Choudhury, T., & Fenwick, H. (2011). The impact of Counter-terrorism measures on Muslim communities. International Review of Law, Computers and Technology, 25(3), 151-181. https://doi.org/10.1080/13600869.2011.617491

Concerns have been raised that counter-terrorism laws and policies are increasingly alienating Muslims, especially young people and students, and that counter-terrorism measures may themselves feed and sustain terrorism. This paper relies on extracts... Read More about The impact of Counter-terrorism measures on Muslim communities.

Covert Derogations and Judicial Deference: Redefining Liberty and Due Process Rights in Counterterrorism Law and Beyond (2011)
Journal Article
Fenwick, H., & Phillipson, G. (2011). Covert Derogations and Judicial Deference: Redefining Liberty and Due Process Rights in Counterterrorism Law and Beyond. McGill law journal, 56(4), 864-918

This article considers the use of control orders in the United Kingdom as an example of one of the most important legal aspects of the "war on terror": the development, alongside the criminal justice approach, of a pre-emptive system. It argues that... Read More about Covert Derogations and Judicial Deference: Redefining Liberty and Due Process Rights in Counterterrorism Law and Beyond.