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Outputs (14)

“Re-Constituting” the Internal Market: Towards a Common Law of International Trade? (2020)
Journal Article
Schütze, R. (2020). “Re-Constituting” the Internal Market: Towards a Common Law of International Trade?. Yearbook of European Law, 39, 250-292. https://doi.org/10.1093/yel/yeaa005

Are the trade philosophies behind the EU internal market and the WTO international market converging or diverging; and are we, or are we not, moving towards a ‘common law of international trade’? Twenty years ago, an interesting—and swiftly famous—an... Read More about “Re-Constituting” the Internal Market: Towards a Common Law of International Trade?.

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.

Free Movement of Life? The Interaction Between the Best Interests Test and the Right to Freely Receive Services in Tafida Raqeeb (2020)
Journal Article
Van Leeuwen, B. (2020). Free Movement of Life? The Interaction Between the Best Interests Test and the Right to Freely Receive Services in Tafida Raqeeb. Public Law, 398-408

Comments on Raqeeb v Barts NHS Foundation Trust (Admin) on whether parents had the right to take their child to Italy for continuing care after UK doctors recommended that treatment be withdrawn. Discusses the distinction between the best interests t... Read More about Free Movement of Life? The Interaction Between the Best Interests Test and the Right to Freely Receive Services in Tafida Raqeeb.

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.

Towards Europeanisation Through the Proportionality Test? The Impact of Free Movement Law on Medical Professional Discipline (2020)
Journal Article
Van Leeuwen, B. (2020). Towards Europeanisation Through the Proportionality Test? The Impact of Free Movement Law on Medical Professional Discipline. European Law Journal: Review of European Law in Context, 26(1-2), 61-82. https://doi.org/10.1111/eulj.12362

Medical doctors can exercise their free movement rights to escape the control of professional regulation at the national level. This “darker side” of free movement of doctors has received a lot of attention. This article will show that the free movem... Read More about Towards Europeanisation Through the Proportionality Test? The Impact of Free Movement Law on Medical Professional Discipline.