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Outputs (1058)

What the Prevent Duty means for schools and colleges in England: An Analysis of educationalists’ Experiences (2017)
Report
Busher, J., Choudhury, T., Thomas, P., & Harris, G. (2017). What the Prevent Duty means for schools and colleges in England: An Analysis of educationalists’ Experiences. [No known commissioning body]

In July 2015, a legal duty came into force requiring that ‘specified authorities’, including schools and further education colleges (‘colleges’), show ‘due regard to the need to prevent people from being drawn into terrorism’ – popularly referred to... Read More about What the Prevent Duty means for schools and colleges in England: An Analysis of educationalists’ Experiences.

Unpacking separation of powers: judicial independence, sovereignty and conceptual flexibility in the UK constitution (2017)
Journal Article
Masterman, R., & Wheatle, S. (2017). Unpacking separation of powers: judicial independence, sovereignty and conceptual flexibility in the UK constitution. Public Law, 2017(Jul), 469-487

Considers the extent to which the UK doctrine of separation of powers exerts a normative influence on judicial decision-making. Examines the evolving constitutional significance of the doctrine, and how it manifests itself in judicial discourse throu... Read More about Unpacking separation of powers: judicial independence, sovereignty and conceptual flexibility in the UK constitution.

The Impact on Brexit relation to the right to petition and on the competences, responsibilities and activities of the Committee on Petitions (2017)
Report
Spaventa, E. (2017). The Impact on Brexit relation to the right to petition and on the competences, responsibilities and activities of the Committee on Petitions. [No known commissioning body]

Upon request by the PETI Committee, this study considers issues raised in petitions to the European Parliament by citizens concerned about the way Brexit will impact on their rights. In particular, it first looks at the changes that Brexit will deter... Read More about The Impact on Brexit relation to the right to petition and on the competences, responsibilities and activities of the Committee on Petitions.

Proportionality (2017)
Book Chapter
Baker, A. (2017). Proportionality. In H. Fenwick (Ed.), Supperstone, Goudie & Walker : judicial review. Sixth edition. (6th ed.). LexisNexis

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?.

Sheffield Natural Law School (2017)
Book Chapter
Beyleveld, D. (2017). Sheffield Natural Law School. In M. Sellers, & P. Kirste (Eds.), Encyclopedia of the philosophy of law and social philosophy (1-18). Springer Verlag. https://doi.org/10.1007/978-94-007-6730-0_58-1

“The Sheffield Natural Law School” (SNLS) designates the work of a group of scholars influenced by Beyleveld and Brownsword (1986), who use the moral theory of Gewirth (1978), according to which the Principle of Generic Consistency (PGC) (see below)... Read More about Sheffield Natural Law School.

A Path Already Travelled in Domestic Orders? From Fragmentation to Constitutionalisation in the Global Legal Order (2017)
Journal Article
O’Donoghue, A., & Murray, C. (2017). A Path Already Travelled in Domestic Orders? From Fragmentation to Constitutionalisation in the Global Legal Order. International Journal of Law in Context, 13(3), 225-252. https://doi.org/10.1017/s1744552317000064

Theories of fragmentation and constitutionalisation have long been presented as antagonistic accounts of the global legal order. Fragmentation theorists posit a non-hierarchical order explained in terms of the relationships between general and specia... Read More about A Path Already Travelled in Domestic Orders? From Fragmentation to Constitutionalisation in the Global Legal Order.

EU Marketing Authorisation of Orphan Medicinal Products and Its Impact on Related Research (2017)
Journal Article
Gerke, S., & Pattinson, S. D. (2017). EU Marketing Authorisation of Orphan Medicinal Products and Its Impact on Related Research. European Journal of Health Law, 24(5), 541-564. https://doi.org/10.1163/15718093-12341439

Over the last 15 years, there has been a steady increase in the development of orphan medicinal products (OMPs). This raises an important question: What impact does the EU marketing authorisation of an OMP have on related research? This article estab... Read More about EU Marketing Authorisation of Orphan Medicinal Products and Its Impact on Related Research.

Advance Refusals and the Personal Identity Objection (2017)
Book Chapter
Pattinson, S. D. (2017). Advance Refusals and the Personal Identity Objection. In P. Capps, & S. D. Pattinson (Eds.), Ethical rationalism and the law (91-108). Hart Publishing. https://doi.org/10.5040/9781509910014.ch-006

Some individuals make advance refusals of medical treatment to take effect when they anticipate having lost the ability to make contemporaneous decisions. Attempts to give effect to advance refusals present two challenges. The first challenge is ensu... Read More about Advance Refusals and the Personal Identity Objection.

The Past, Present and Future of Ethical Rationalism (2017)
Book Chapter
Pattinson, S. D., & Capps, P. (2017). The Past, Present and Future of Ethical Rationalism. In P. Capps, & S. D. Pattinson (Eds.), Ethical rationalism and the law (1-16). Hart Publishing

Transcendental Arguments for a Categorical Imperative as Arguments from Agential Self-Understanding (2017)
Book Chapter
Beyleveld, D. (2017). Transcendental Arguments for a Categorical Imperative as Arguments from Agential Self-Understanding. In J. P. Brune, R. Stern, & M. H. Werner (Eds.), Transcendental arguments in moral theory (141-159). De Gruyter. https://doi.org/10.1515/9783110470215-008

This chapter construes Kant’s contention that a categorical imperative is a synthetic a priori principle as equivalent to Gewirth’s claim that such an imperative is a dialectically necessary principle (a strict requirement of agential self-understand... Read More about Transcendental Arguments for a Categorical Imperative as Arguments from Agential Self-Understanding.