From the 'Middle-Way' to normative irrationalism: Hans Kelsen's General Theory of Norms
(1993)
Journal Article
Beyleveld, D. (in press). From the 'Middle-Way' to normative irrationalism: Hans Kelsen's General Theory of Norms. Modern Law Review, 56, 104-119
Outputs (1057)
Constitutional Rights in the Irish Home Rule Bill of 1893 (2018)
Journal Article
Allen, T. (2018). Constitutional Rights in the Irish Home Rule Bill of 1893. The Journal of Legal History, 39(2), 187-215. https://doi.org/10.1080/01440365.2018.1484324In 1893, Prime Minister Gladstone introduced the second Irish home rule bill in parliament. The bill broke with tradition in Britain and the empire, as it included provisions from the bill of rights of the United States. Its significance was clear at... Read More about Constitutional Rights in the Irish Home Rule Bill of 1893.
Philosophical issues and the "New Criminology" (1973)
Journal Article
Beyleveld, D. (in press). Philosophical issues and the "New Criminology". The British Journal of Criminology: An International Review of Crime and Society, 13(4), 394-395
Practice made perfect? (1987)
Journal Article
Beyleveld, D., & Brownsword, R. (in press). Practice made perfect?. Modern Law Review, 50(5), 662-672
Ethics by Partnership: An Imperative for the Future of Pharmacogenetics (2001)
Journal Article
Beyleveld, D. (in press). Ethics by Partnership: An Imperative for the Future of Pharmacogenetics
Genetic privacy protection in biobanking (2016)
Journal Article
Beyleveld, D. (2016). Genetic privacy protection in biobanking. Taiwan keji falu yu zhengu luncong, 3(2), 5-21
‘Finding ‘East’/’West’ divisions in Council of Europe states on treatment of sexual minorities: the response of the Strasbourg Court and the role of consensus analysis’ (2019)
Journal Article
Fenwick, H., & Fenwick, D. (2019). ‘Finding ‘East’/’West’ divisions in Council of Europe states on treatment of sexual minorities: the response of the Strasbourg Court and the role of consensus analysis’. European Human Rights Law Review, 3, 247-273Manifestations of prejudice against sexual minorities are currently especially resurgent in certain “Eastern” Council of Europe Member States. This article argues that the current approach at the Strasbourg Court in this context shows tensions betwee... Read More about ‘Finding ‘East’/’West’ divisions in Council of Europe states on treatment of sexual minorities: the response of the Strasbourg Court and the role of consensus analysis’.
Protecting free speech and academic freedom in universities (2018)
Journal Article
Cram, I., & Fenwick, H. (2018). Protecting free speech and academic freedom in universities. Modern Law Review, 81(5), 825-873. https://doi.org/10.1111/1468-2230.12366Restrictions on speaking events in universities have been created both by recent student‐led efforts at ‘no‐platforming’ and by Part 5 of the Counter‐terrorism and Security Act 2015 which placed aspects of the government's Prevent strategy on a statu... Read More about Protecting free speech and academic freedom in universities.
‘The admixture of feminine weakness and susceptibility’: Gendered Personifications of the State in International Law (2018)
Journal Article
O'Donoghue, A. (2018). ‘The admixture of feminine weakness and susceptibility’: Gendered Personifications of the State in International Law. Melbourne journal of international law, 19(1), 227-25819th century international law textbooks were infused with the gendered personification of states. Legal academics, such as Johann Casper Bluntschli, John Westlake, Robert Phillimore and James Lorimer, relied on gendered personification to ascribe at... Read More about ‘The admixture of feminine weakness and susceptibility’: Gendered Personifications of the State in International Law.
国家刑法与《罗马规约》第7条中对LGBT群体的定罪 (2019)
Journal Article
Bohlander, M. (2019). 国家刑法与《罗马规约》第7条中对LGBT群体的定罪
Religious Adjudication and the European Convention on Human Rights (2019)
Journal Article
Leigh, I. (2019). Religious Adjudication and the European Convention on Human Rights. Oxford Journal of Law and Religion, 8(1), 1-27. https://doi.org/10.1093/ojlr/rwz008Despite extensive discussion of the desirability of recognition of religious law in Europe in recent years and widespread agreement among commentators that the precondition for any such recognition must be respect for human rights, there has little d... Read More about Religious Adjudication and the European Convention on Human Rights.
Brexit, prerogative and the courts: why did political constitutionalists support the Government side in Miller? (2017)
Journal Article
Phillipson, G. (2017). Brexit, prerogative and the courts: why did political constitutionalists support the Government side in Miller?. University of Queensland law journal, 36(2), 311-331
Systemic Judicial Authority: The “Fourth Corner” of “The Judicial Trilemma”? (2017)
Journal Article
Hernández, G. (2017). Systemic Judicial Authority: The “Fourth Corner” of “The Judicial Trilemma”?. American Journal of International Law, 111, 349-353. https://doi.org/10.1017/aju.2017.81Jeffrey Dunoff and Mark Pollack's Judicial Trilemma is a refreshing challenge to prevailing narratives about judicial decision-making in international courts and tribunals and is part of a growing wave of scholarship deploying empirical, social scien... Read More about Systemic Judicial Authority: The “Fourth Corner” of “The Judicial Trilemma”?.
Rejecting Asymmetry of Access to Formal Relationship Statuses for Same and Different-Sex Couples at Strasbourg and Domestically (2017)
Journal Article
Fenwick, H., & Hayward, A. (2017). Rejecting Asymmetry of Access to Formal Relationship Statuses for Same and Different-Sex Couples at Strasbourg and Domestically. European Human Rights Law Review, 2017(6), 544-563This article interrogates the extent to which the formal recognition and protection of same and different-sex relationships at Strasbourg and in domestic courts has been accepted as attracting human rights protection. In order to do so it considers h... Read More about Rejecting Asymmetry of Access to Formal Relationship Statuses for Same and Different-Sex Couples at Strasbourg and Domestically.
Morality in Intellectual Property Law: A Concept-Theoretic Framework (2016)
Journal Article
Adcock, M., & Beyleveld, D. (2016). Morality in Intellectual Property Law: A Concept-Theoretic Framework. Intellectual property rights. Open access, 4(1), Article 154. https://doi.org/10.4172/2375-4516.1000154This paper presents a ‘concept-theoretic’ position on the relationship between law and morality in any legal system that includes respect for human rights as a fundamental principle of the legal validity of its rules. With European Union law (EU law)... Read More about Morality in Intellectual Property Law: A Concept-Theoretic Framework.
The Purposes of Land Settlement in the Anglo-Egyptian Sudan, 1898-1914: Drawing Paths through the Weeds (2017)
Journal Article
Allen, T. (2017). The Purposes of Land Settlement in the Anglo-Egyptian Sudan, 1898-1914: Drawing Paths through the Weeds. The Journal of Imperial and Commonwealth History, 45(6), 894-922. https://doi.org/10.1080/03086534.2017.1395585This article examines the programme of land surveying and registration that was undertaken by the British-led administration of the Anglo-Egyptian Sudan in the period 1898–1914. The Legal Secretary, Edgar Bonham Carter, stated that programme was the... Read More about The Purposes of Land Settlement in the Anglo-Egyptian Sudan, 1898-1914: Drawing Paths through the Weeds.
Piercing the Veil of State Sovereignty: How China’s Censorship Regime into Fragmented International Law can Lead to a Butterfly Effect (2014)
Journal Article
Chen, G. (2014). Piercing the Veil of State Sovereignty: How China’s Censorship Regime into Fragmented International Law can Lead to a Butterfly Effect. Global Constitutionalism, 3(1), 31-70. https://doi.org/10.1017/s2045381713000282This article seeks to address China’s entrenched censorship regime in the constitutionalist dimension of international law. First, the article probes into China’s censorship regime and the way it is linked to the country’s foreign policies. Second, t... Read More about Piercing the Veil of State Sovereignty: How China’s Censorship Regime into Fragmented International Law can Lead to a Butterfly Effect.
Probing Theresa May's Response to the Recent Terror Attacks (2017)
Journal Article
Fenwick, H. (2017). Probing Theresa May's Response to the Recent Terror Attacks. European Human Rights Law Review, 341-350
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/yex012This 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), 150-175Considers, 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.