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Outputs (1057)

Germany (2023)
Book Chapter
Bohlander, M. (2023). Germany. In M. Bohlander, G. Kemp, & M. Webster (Eds.), Public Health Crisis Management and Criminal Liability of Governments - A Comparative Study of the Covid-19 Pandemic. Hart/Bloomsbury

Public Health Crisis Management and Criminal Liability of Governments - A Comparative Study of the Covid-19 Pandemic (2023)
Book
Bohlander, M., Kemp, G., & Webster, M. (Eds.). (2023). Public Health Crisis Management and Criminal Liability of Governments - A Comparative Study of the Covid-19 Pandemic. Hart/Bloomsbury

This book addresses potential avenues of criminal liability for public health crisis management in the context of the COVID-19 pandemic, under national and international criminal law, especially for causing death and bodily harm. The national case st... Read More about Public Health Crisis Management and Criminal Liability of Governments - A Comparative Study of the Covid-19 Pandemic.

The United Kingdom’s Human Rights Act as a Catalyst of Constitutional Migration: Patterns and Limitations of Rights Importation by Design (2023)
Journal Article
Masterman, R. (2023). The United Kingdom’s Human Rights Act as a Catalyst of Constitutional Migration: Patterns and Limitations of Rights Importation by Design. European Constitutional Law Review, 19(1), 88-110. https://doi.org/10.1017/s1574019623000019

The United Kingdom Human Rights Act 1998 – constitutional migration – impacts of legislative design and process on the internalisation of international standards – a taxonomy of migratory patterns under the Human Rights Act – constitutional migration... Read More about The United Kingdom’s Human Rights Act as a Catalyst of Constitutional Migration: Patterns and Limitations of Rights Importation by Design.

The Intrinsic Value of Registered Partnerships and Marriage for Same-sex Couples, their Recognition Domestically and at the Strasbourg Court (2023)
Book Chapter
Fenwick, H., & Hayward, A. (2023). The Intrinsic Value of Registered Partnerships and Marriage for Same-sex Couples, their Recognition Domestically and at the Strasbourg Court. In P. Behrens, & S. Becker (Eds.), Justice After Stonewall: LGBT Life between Challenge and Change. Routledge. https://doi.org/10.4324/9781003286295-13

Only a minority of jurisdictions currently permit same-sex marriage – among them, England and Wales (from 2013), Scotland (from 2014) and Northern Ireland (from 2020). This chapter explores the drive towards marriage equality from a domestic perspect... Read More about The Intrinsic Value of Registered Partnerships and Marriage for Same-sex Couples, their Recognition Domestically and at the Strasbourg Court.

Surveillance and Preventing Violent Extremism: The evidence from schools and further education colleges in England (2022)
Book Chapter
Busher, J., Choudhury, T., & Thomas, P. (2023). Surveillance and Preventing Violent Extremism: The evidence from schools and further education colleges in England. In M. Kwet (Ed.), The Cambridge Handbook of Surveillance and Race (267-287). Cambridge University Press. https://doi.org/10.1017/9781108241304.014

Since 2001, the British state has increased its powers of surveillance for the purposes of countering terrorism. Much of this has been through expansions of the powers of police and security services to engage in covert surveillance and access the pe... Read More about Surveillance and Preventing Violent Extremism: The evidence from schools and further education colleges in England.

Exploring narratives about 'cancel culture' in UK educational/employment settings under the ECHR (2022)
Book Chapter
Fenwick, H. (2022). Exploring narratives about 'cancel culture' in UK educational/employment settings under the ECHR. In P. Czech, L. Heschl, K. Lukas, M. Nowak, & G. Oberleitner (Eds.), European Yearbook on Human Rights 2022 (309-344). Cambridge University Press. https://doi.org/10.1017/9781839703447.012

Some advocates of free speech are currently arguing that universities and other organisations are far too prompt to accept curbs on expression or expressive acts in relation to issues such as transgender rights, racism, feminism, religious extremism.... Read More about Exploring narratives about 'cancel culture' in UK educational/employment settings under the ECHR.

Vaccination, conscientious objection and human rights (2022)
Journal Article
Leigh, I. (2023). Vaccination, conscientious objection and human rights. Legal Studies, 43(2), 201-220. https://doi.org/10.1017/lst.2022.27

This paper discusses the extent to which conscientious objections to vaccination qualify for protection under the European Convention on Human Rights (ECHR). Drawing on an examination of the nature of conscience and the ethics of vaccine refusal, it... Read More about Vaccination, conscientious objection and human rights.

A critique of audience rights to receive information and ideas under a democratic interpretation of freedom of expression: the stance of the Strasbourg Court (2022)
Book Chapter
Fenwick, H. (in press). A critique of audience rights to receive information and ideas under a democratic interpretation of freedom of expression: the stance of the Strasbourg Court. In C. Girard, & P. Auriel (Eds.), Freedom of expression and democracy in Europe. Oxford University Press

This chapter concerns the rights of the "listener" to receive information, ideas, opinions. It will consider a range of ways in which a democratic interpretation of freedom of expression, understood here as the freedom to receive information and idea... Read More about A critique of audience rights to receive information and ideas under a democratic interpretation of freedom of expression: the stance of the Strasbourg Court.

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.

Brexit and the United Kingdom’s Devolutionary Constitution (2022)
Journal Article
Masterman, R. (2022). Brexit and the United Kingdom’s Devolutionary Constitution. Global Policy, 13(52), 58-68. https://doi.org/10.1111/1758-5899.13064

This piece considers the implications of the Brexit process for the United Kingdom’s territorial constitution. It advances two narratives of the devolutionary settlement; one which emphasises the continuing post-devolution influence – and dominance –... Read More about Brexit and the United Kingdom’s Devolutionary Constitution.

New Labour's Judicial Power Project (2022)
Book Chapter
Masterman, R. (2022). New Labour's Judicial Power Project. In M. Gordon, & A. Tucker (Eds.), The New Labour constitution : twenty years on. Bloomsbury

Article 1 – The Court (2021)
Book Chapter
Bohlander, M. (2021). Article 1 – The Court. In K. Ambos (Ed.), Commentary on the Rome Statute of the International Criminal Court (17 - 25). (4th). CH Beck/Hart/NOMOS