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Outputs (1057)

Regaining Digital Privacy? The New “Right to be Forgotten” and Online Expression (2018)
Journal Article
Brimblecombe, F., & Phillipson, G. (2018). Regaining Digital Privacy? The New “Right to be Forgotten” and Online Expression. Canadian journal of comparative and contemporary law, 4(1), 1-66

This article considers how the newly-formulated “Right to be Forgotten” in Article 17 of the EU’s new General Data Protection Regulation will apply to “online expression”, that is, content placed online via social and other forms of media. It starts... Read More about Regaining Digital Privacy? The New “Right to be Forgotten” and Online Expression.

Terrorism and the control orders/TPIMs saga: a vindication of the Human Rights Act or a manifestation of ‘defensive democracy’? (2017)
Journal Article
Fenwick, H. (2017). Terrorism and the control orders/TPIMs saga: a vindication of the Human Rights Act or a manifestation of ‘defensive democracy’?. Public Law, 609-626

Considers the extent to which control orders and terrorism prevention and investigation measures (TPIMs) can be reconciled with the provisions of the Human Rights Act 1998. Discusses the initial minimising of rights under control orders, the subseque... Read More about Terrorism and the control orders/TPIMs saga: a vindication of the Human Rights Act or a manifestation of ‘defensive democracy’?.

The radicalisation of citizenship deprivation (2017)
Journal Article
Choudhury, T. (2017). The radicalisation of citizenship deprivation. Critical Social Policy, 37(2), 225-244. https://doi.org/10.1177/0261018316684507

This article addresses the regulation of citizenship in the UK, in particular the recent increased powers of citizenship deprivation against individuals suspected of involvement in terrorism. It examines the genealogy of such a practice and explains... Read More about The radicalisation of citizenship deprivation.

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.

Judicial Review and Monopoly Power: Some Sceptical Thoughts (2017)
Journal Article
Williams, A. (2017). Judicial Review and Monopoly Power: Some Sceptical Thoughts. Law Quarterly Review, 133(Oct), 656-682

Responds to the article by Colin D. Campbell entitled "Monopoly power as public power for the purposes of judicial review", L.Q.R. 2009, 125(Jul), 491-521, by questioning the practicability of its monopoly power test for determining if the exercise o... Read More about Judicial Review and Monopoly Power: Some Sceptical Thoughts.

Using a Moot to Develop Students’ Understanding of Human Cloning and Statutory Interpretation (2017)
Journal Article
Pattinson, S. D., & Kind, V. (2017). Using a Moot to Develop Students’ Understanding of Human Cloning and Statutory Interpretation. Medical Law International, 17(3), 111-133. https://doi.org/10.1177/0968533217726350

This article reports and analyses the method and findings from a 3-year interdisciplinary project investigating how the medium of law can support understanding of socio-scientific issues. Law represents one of the most important means by which societ... Read More about Using a Moot to Develop Students’ Understanding of Human Cloning and Statutory Interpretation.

Religious Symbols, Conscience, and the Rights of Others (2014)
Journal Article
Leigh, I., & Hambler, A. (2014). Religious Symbols, Conscience, and the Rights of Others. Oxford Journal of Law and Religion, 3(1), 2-24. https://doi.org/10.1093/ojlr/rwt048

This article considers some of the features of the judgment in Eweida and Others v United Kingdom, which are positive from a religious claimant’s perspective—not least the welcome removal of unhelpful definitional ‘filters’ preventing individuals fro... Read More about Religious Symbols, Conscience, and the Rights of Others.

Inclusive governance over agricultural biotechnology: risk assessment and public participation (2017)
Journal Article
Beyleveld, D., & Jianjun, L. (2017). Inclusive governance over agricultural biotechnology: risk assessment and public participation. Law, Innovation and Technology, 9(2), 301-317. https://doi.org/10.1080/17579961.2017.1377908

A public outcry opposing the use of genetic modification of rice has produced a governance deadlock in China, which threatens to undermine attempts to reap the benefits that modern agricultural biotechnology can offer to the Chinese people. It is arg... Read More about Inclusive governance over agricultural biotechnology: risk assessment and public participation.

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?.

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.

Why and How Should We Represent Future Generations in Policymaking? (2015)
Journal Article
Beyleveld, D., Düwell, M., & Spahn, A. (2015). Why and How Should We Represent Future Generations in Policymaking?. Jurisprudence, 6(3), 549-566. https://doi.org/10.1080/20403313.2015.1065642

This paper analyses the main challenges (particularly those deriving from the non-identity problem and epistemic uncertainty concerning the preferences of future persons) to the idea that we should and can represent future generations in our present... Read More about Why and How Should We Represent Future Generations in Policymaking?.

How Does International Law Condition Responses to Conflict and Negotiation? (2016)
Journal Article
O'Donoghue, A. (2016). How Does International Law Condition Responses to Conflict and Negotiation?. Global Policy, 7(2), 272-277. https://doi.org/10.1111/1758-5899.12335

This article explores the role law plays in defining conflict and its consequences. Two elements of law's categorisations are critical; first law's cataloguing of activities fixing actions into particular classifications and second law's choosing of... Read More about How Does International Law Condition Responses to Conflict and Negotiation?.

The Conservative Project to ‘Break the Link between British Courts and Strasbourg’: Rhetoric or Reality? (2017)
Journal Article
Fenwick, H., & Masterman, R. (2017). The Conservative Project to ‘Break the Link between British Courts and Strasbourg’: Rhetoric or Reality?. Modern Law Review, 80(6), 1111-1136. https://doi.org/10.1111/1468-2230.12304

The Conservative party has repeatedly pledged to replace the HRA with a British Bill of Rights, with the aim of ‘breaking the link’ between domestic courts and Strasbourg. This article examines the implications of this proposal, the nature of the cur... Read More about The Conservative Project to ‘Break the Link between British Courts and Strasbourg’: Rhetoric or Reality?.

The British Bill of Rights Debate: Lessons from Australia (2016)
Journal Article
Williams, A., & Williams, G. (2016). The British Bill of Rights Debate: Lessons from Australia. Public Law, 2016(July), 471-490

Assesses the lessons offered by the Australian Capital Territory's Human Rights Act 2004 and the Victorian Charter of Human Rights and Responsibilities Act 2006 for the possible development of a British Bill of Rights to replace the Human Rights Act... Read More about The British Bill of Rights Debate: Lessons from Australia.

Towards Unilateralism? House of Commons Oversight of the Use of Force (2016)
Journal Article
Murray, C., & O'Donoghue, A. (2016). Towards Unilateralism? House of Commons Oversight of the Use of Force. International and Comparative Law Quarterly, 65(02), 305-341. https://doi.org/10.1017/s0020589316000154

Engaging democratically elected assemblies in national decision-making over the extraterritorial use of force seemingly provides a secure check on executive abuses of power. Many liberal democracies therefore maintain constitutional requirements that... Read More about Towards Unilateralism? House of Commons Oversight of the Use of Force.

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.