Outputs (37)

Case Comment on Hoge Raad der Nederlanden, Judgment of 9 November 2004, Case No. 02641/03, (2005)
Journal Article
Bohlander, M. (2005). Case Comment on Hoge Raad der Nederlanden, Judgment of 9 November 2004, Case No. 02641/03,. Journal of Criminal Law, 401-404

Reviewing reasonableness: an appropriate standard for evaluating state action and inaction? (2005)
Journal Article
Pillay, A. (2005). Reviewing reasonableness: an appropriate standard for evaluating state action and inaction?. The South African law journal, 2, 419-440

A Tale of Two Projects: Emerging Tension between the Public and Private Aspects of Employment Discrimination Law (2005)
Journal Article
Baker, A. (2005). A Tale of Two Projects: Emerging Tension between the Public and Private Aspects of Employment Discrimination Law. International Journal of Comparative Labour Law and Industrial Relations, 21(4), 591-627

Zeal for curing the public ill of discrimination can lead to approaches that ignore the more private concerns of individual victims of discrimination. This article explains that the forward-looking project of changing society to eliminate inequality... Read More about A Tale of Two Projects: Emerging Tension between the Public and Private Aspects of Employment Discrimination Law.

Religious Freedom in the Liberal State (2005)
Book
Ahdar, R., & Leigh, I. (2005). Religious Freedom in the Liberal State. Oxford University Press

The clash between liberalism and fundamentalism is a highly controversial and topical issue Comparative references the European Convention on Human Rights, and jurisdictions including the UK, US, Canada, South Africa, Australia and New Zealand The bo... Read More about Religious Freedom in the Liberal State.

The Sexual Offences Act 2003 and the Tyrrell Principle - Criminalising the Victims? (2005)
Journal Article
Bohlander, M. (2005). The Sexual Offences Act 2003 and the Tyrrell Principle - Criminalising the Victims?. Criminal law review, 701-713

Examines the relationship between the Sexual Offences Act 2003 and the Tyrrell principle. Discusses the origins and scope of the Tyrrell principle that a victim can be guilty of participation in the offence unless the law is designed for the protecti... Read More about The Sexual Offences Act 2003 and the Tyrrell Principle - Criminalising the Victims?.

'Divergence and Diversity in Post-Communist European Human Rights Cases' (2005)
Journal Article
Sweeney, J. A. (2005). 'Divergence and Diversity in Post-Communist European Human Rights Cases'. Connecticut journal of international law, 21(1), 1-40

'Property and the Human Rights Act 1998' (2005)
Book
Allen, T. (2005). 'Property and the Human Rights Act 1998'. Hart Publishing

By giving further effect to the European Convention on Human Rights,the Human Rights Act 1998 has had a significant effect on property law. Article 1 of the First Protocol to the Convention is particularly important, as it protects against the interf... Read More about 'Property and the Human Rights Act 1998'.

Who's Watching the Spies? Establishing Intelligence Service Accountability (2005)
Book
Born, H., Johnson, L., & Leigh, I. (Eds.). (2005). Who's Watching the Spies? Establishing Intelligence Service Accountability. Potomac Books

Given recent experiences with terrorism, clearly even the most democratic societies have a legitimate need for secrecy. This secrecy has often been abused, however, and strong oversight systems are necessary to protect individual liberties. The assem... Read More about Who's Watching the Spies? Establishing Intelligence Service Accountability.

Taking the Rights of Parents and Children Seriously: Confronting the Welfare Principle under the Human Rights Act (2005)
Journal Article
Fenwick, H., & Choudhury, S. (2005). Taking the Rights of Parents and Children Seriously: Confronting the Welfare Principle under the Human Rights Act. Oxford Journal of Legal Studies, 25(3), 453-492. https://doi.org/10.1093/ojls/gqi023

This article argues that resistance to the Human Rights Act has built up in the context of disputes relating to children and that such resistance is founded in the attachment of the courts to the welfare or paramountcy principle as currently conceive... Read More about Taking the Rights of Parents and Children Seriously: Confronting the Welfare Principle under the Human Rights Act.

Case C-442/02, Caixa-Bank France v. Ministère de l’Économie, des Finances et de l’Industrie (2005)
Journal Article
Spaventa, E. (2005). Case C-442/02, Caixa-Bank France v. Ministère de l’Économie, des Finances et de l’Industrie. Common Market Law Review, 42(4), 1151-1168

Confirming a trend started with the Gebhard judgment, and consistently with its case law on free movement of capital, the Court in Caixa-Bank held that a non-discriminatory rule prohibiting remuneration on sight accounts is an unjustified barrier to... Read More about Case C-442/02, Caixa-Bank France v. Ministère de l’Économie, des Finances et de l’Industrie.

'Wish You Weren't Here...' New Models of Social Solidarity in the European Union (2005)
Book Chapter
Dougan, M., & Spaventa, E. (2005). 'Wish You Weren't Here...' New Models of Social Solidarity in the European Union. In E. Spaventa, & M. Dougan (Eds.), Social welfare and EU law (181-218). Hart Publishing

A fool for a client (2005)
Journal Article
Bohlander, M. (2005). A fool for a client. Criminal Law Forum, 16, 159-173. https://doi.org/10.1023/a%3A1009410520019

The Relationship between Freedom and Security in Europe. (2005)
Presentation / Conference Contribution
Fenwick, H. (2005, May). The Relationship between Freedom and Security in Europe. Paper presented at The British Perspective., Berlin, Germany

'Margins of Appreciation: Cultural Relativity and the European Court of Human Rights in the Post-Cold War Era' (2005)
Journal Article
Sweeney, J. A. (2005). 'Margins of Appreciation: Cultural Relativity and the European Court of Human Rights in the Post-Cold War Era'. International and Comparative Law Quarterly, 54(2), 459-474. https://doi.org/10.1093/iclq/lei003

Making Intelligence Accountable: Legal Standards and Best Practice for Oversight of Intelligence Agencies (2005)
Report
Born, H., & Leigh, I. (2005). Making Intelligence Accountable: Legal Standards and Best Practice for Oversight of Intelligence Agencies. Human Rights Centre of Durham University; Geneva Centre for the Democractic Control of Armed Forces; Norwegian Parliamentary Intelligence Oversight Committee

Case C-109/01, Secretary of State for the Home Department v. H. Akrich (2005)
Journal Article
Spaventa, E. (2005). Case C-109/01, Secretary of State for the Home Department v. H. Akrich. Common Market Law Review, 42(1), 225-239

The ruling in Akrich, delivered by the full Court, concerns fundamental issues of policy in relation to the impact of Community law upon Member States immigration rules: how far can the Union citizens’ right to gain entry and residence permits for th... Read More about Case C-109/01, Secretary of State for the Home Department v. H. Akrich.

Social Welfare and EU Law (2005)
Book
Dougan, M., & Spaventa, E. (Eds.). (2005). Social Welfare and EU Law. Hart Publishing