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All Outputs (34)

Regaining Digital Privacy? The New “Right to be Forgotten” and Online Expression (2018)
Journal Article
Brimblecombe, F., & Phillipson, G. (2018). Regaining Digital Privacy? The New “Right to be Forgotten” and Online Expression. Canadian journal of comparative and contemporary law, 4(1), 1-66

This article considers how the newly-formulated “Right to be Forgotten” in Article 17 of the EU’s new General Data Protection Regulation will apply to “online expression”, that is, content placed online via social and other forms of media. It starts... Read More about Regaining Digital Privacy? The New “Right to be Forgotten” and Online Expression.

EU law as an agent of national constitutional change: Miller v Secretary of State for Exiting the European Union (2017)
Journal Article
Phillipson, G. (2017). EU law as an agent of national constitutional change: Miller v Secretary of State for Exiting the European Union. Yearbook of European Law, 36(1), 46-93. https://doi.org/10.1093/yel/yex012

This article analyses the recent decision of the UK Supreme Court determining the UK’s ‘constitutional requirements’ for triggering Article 50 TEU. It demonstrates that the underlying disagreement in the case concerned the proper conceptualisation of... Read More about EU law as an agent of national constitutional change: Miller v Secretary of State for Exiting the European Union.

Would use of the prerogative to denounce the ECHR "frustrate" the Human Rights Act? Lessons from Miller (2017)
Journal Article
Phillipson, G., & Young, A. (2017). Would use of the prerogative to denounce the ECHR "frustrate" the Human Rights Act? Lessons from Miller. Public Law, 2017(Nov Supp), 150-175

Considers, in light of the ruling in R. (on the application of Miller) v Secretary of State for Exiting the European Union (SC), whether the royal prerogative could be invoked to withdraw the UK from the ECHR while the Human Rights Act 1998 remained... Read More about Would use of the prerogative to denounce the ECHR "frustrate" the Human Rights Act? Lessons from Miller.

A dive into deep constitutional waters: Article 50, the prerogative and parliament (2016)
Journal Article
Phillipson, G. (2016). A dive into deep constitutional waters: Article 50, the prerogative and parliament. Modern Law Review, 79(6), 1064-1089. https://doi.org/10.1111/1468-2230.12230

This article analyses the Article 50 TEU debate and the argument that for the UK Government to trigger the formal withdrawal process without explicit parliamentary authorisation would be unlawful, because it would inevitably result in the removal of... Read More about A dive into deep constitutional waters: Article 50, the prerogative and parliament.

Text, Cases and Materials on Public Law and Human Rights. (2016)
Book
Fenwick, H., Phillipson, G., & Williams, A. (2017). Text, Cases and Materials on Public Law and Human Rights. (4th ed.). Routledge

This book interweaves an authoritative authorial commentary – significantly expanded from the last edition - with extracts from a diverse and contemporary collection of cases and materials from three leading academics in the field. It provides an all... Read More about Text, Cases and Materials on Public Law and Human Rights..

Horizontal Effect and the Constitutional Constraint (2011)
Journal Article
Williams, A., & Phillipson, G. (2011). Horizontal Effect and the Constitutional Constraint. Modern Law Review, 74(6), 878-910. https://doi.org/10.1111/j.1468-2230.2011.00876.x

This article offers a new interpretation – the ‘constitutional constraint’ model – of the duty the Human Rights Act imposes on the courts to give horizontal effect to European Convention rights through the common law. The model requires courts to dev... Read More about Horizontal Effect and the Constitutional Constraint.

Privacy (2011)
Book Chapter
Phillipson, G. (2011). Privacy. In D. Hoffman (Ed.), The impact of the UK Human Rights Act on private law (136-164). Cambridge University Press

Introduction (2011)
Book Chapter
Phillipson, G., Hoffman, D., & Young, A. (2011). Introduction. In D. Hoffman (Ed.), The impact of the UK Human Rights Act on private law (1-15). Cambridge University Press

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.

Policing, Profiling and Discrimination Law: US and European Approaches Compared (2011)
Journal Article
Phillipson, G., & Baker, A. (2011). Policing, Profiling and Discrimination Law: US and European Approaches Compared. Journal of Global Ethics, 7(1), 105-124. https://doi.org/10.1080/17449626.2011.556142

Counter-terrorism officials in the USA and the UK responded to the events of 11 September 2001 and 7 July 2005 with an increasing resort to the use of ‘intelligence-led policing’ methods such as racial and religious profiling. Reliance on intelligenc... Read More about Policing, Profiling and Discrimination Law: US and European Approaches Compared.

Text, Cases and Materials on Public Law and Human Rights (2010)
Book
Phillipson, G., & Fenwick, H. (2010). Text, Cases and Materials on Public Law and Human Rights. (3rd ed.). Routledge

Text, Cases and Materials on Public Law and Human Rights integrates a diverse and contemporary collection of cases and materials with an authoritative narrative commentary from two leading academics in the fields of public law and human rights. The t... Read More about Text, Cases and Materials on Public Law and Human Rights.

Max Mosley goes to Strasbourg: article 8, claimant notification and interim injunctions (2009)
Journal Article
Phillipson, G. (2009). Max Mosley goes to Strasbourg: article 8, claimant notification and interim injunctions. Journal of Media Law, 1(1), 73-96

This article considers the argument made in the current application of Max Mosley to the European Court of Human Rights that Article 8 requires media bodies to notify potential claimants before stories that invade their private lives are run, in orde... Read More about Max Mosley goes to Strasbourg: article 8, claimant notification and interim injunctions.

Trial by Media: the Betrayal of the First Amendment’s Purpose (2008)
Journal Article
Phillipson, G. (2008). Trial by Media: the Betrayal of the First Amendment’s Purpose. Law and contemporary problems, 71(4), 15-30

There is continuing concern in the United States about the kind of media storms that swirl around high-profile criminal proceedings such as the Sam Sheppard case,3 the O.J. Simpson trial,4 or the Duke lacrosse case.5 The knowledge that the transforma... Read More about Trial by Media: the Betrayal of the First Amendment’s Purpose.

The Human Rights Act, public protest and judicial activism (2008)
Book Chapter
Fenwick, H., & Phillipson, G. (2008). The Human Rights Act, public protest and judicial activism. In A. Sajó (Ed.), Free to protest : constituent power and street demonstration (189-219). Eleven International Publishing