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Outputs (1057)

No tyranny for failing Donald Trump – sad! Law, constitutionalism and tyranny in the twenty-first century (2021)
Journal Article
O'Donoghue, A. (2021). No tyranny for failing Donald Trump – sad! Law, constitutionalism and tyranny in the twenty-first century. Northern Ireland Legal Quarterly, 72(AD1), 33-62. https://doi.org/10.53386/nilq.v72iad1.935

Donald Trump’s presidency resulted in several accusations of tyrannical intent. The end of his term of office and particularly the rioting of January 6th, 2021 and the denial of the Presidential election results did little to dispel those accusations... Read More about No tyranny for failing Donald Trump – sad! Law, constitutionalism and tyranny in the twenty-first century.

Metalaw – What is it good for? (2021)
Journal Article
Bohlander, M. (2021). Metalaw – What is it good for?. Acta Astronautica, 188, 400-404. https://doi.org/10.1016/j.actaastro.2021.06.039

The initial metalaw debate about relations with ETI since the mid-to-late 1950s advocated a transmogrification of the traditional Golden Rule into “Do unto others as they would be done by”. The reasoning built upon full equality between humans and ET... Read More about Metalaw – What is it good for?.

Abandoning Dishonesty – A Brief German Comment on the State of the Law after Ivey (2021)
Journal Article
Bohlander, M. (2022). Abandoning Dishonesty – A Brief German Comment on the State of the Law after Ivey. Journal of Criminal Law, 86(3), 170-178. https://doi.org/10.1177/00220183211035179

The debate about the two-pronged Ghosh test for dishonesty has troubled academics and practitioners alike for some time. Concerns were raised about the jury’s ability to determine both the objective honesty standards and the defendant’s personal comp... Read More about Abandoning Dishonesty – A Brief German Comment on the State of the Law after Ivey.

“全球圆形监狱”：大规模监控与作为反人类罪的数据隐私侵犯？ (Chinese translation of: "The Global Panopticon" - Mass surveillance and data privacy intrusion as a crime against humanity? In Justice without Borders - Essays in Honour of Wolfgang Schomburg. Böse, Martin, Bohlander, Michael, Klip, André & Lagodny, Otto (eds) Brill Nijhoff, 2018, 73 – 102.) (2021)
Journal Article
Bohlander, M. (2022). “全球圆形监狱”：大规模监控与作为反人类罪的数据隐私侵犯？ (Chinese translation of: "The Global Panopticon" - Mass surveillance and data privacy intrusion as a crime against humanity? In Justice without Borders - Essays in Honour of Wolfgang Schomburg. Böse, Martin, Bohlander, Michael, Klip, André & Lagodny, Otto (eds) Brill Nijhoff, 2018, 73 – 102.)

Case Note: Germany – Balancing the right of a parliamentary commission of enquiry to access classified evidence from anti-terrorist undercover operations with the requirements of national security – “Anis Amri Case” (2021)
Journal Article
Bohlander, M. (2021). Case Note: Germany – Balancing the right of a parliamentary commission of enquiry to access classified evidence from anti-terrorist undercover operations with the requirements of national security – “Anis Amri Case”. Public Law, 2021(3), 638-641

Drafting a commentary on the Chinese Criminal Code – German reflections on a Chinese desideratum (2021)
Journal Article
Bohlander, M. (2021). Drafting a commentary on the Chinese Criminal Code – German reflections on a Chinese desideratum. Peking University Law Journal, 9(1), 1-21. https://doi.org/10.1080/20517483.2021.1978676

Chinese criminal law scholars have increasingly been establishing links with colleagues in other jurisdictions and drawing benefits from comparative research, and more than anything else with those from Germany. This appears to be based on the fact t... Read More about Drafting a commentary on the Chinese Criminal Code – German reflections on a Chinese desideratum.

The Constitutional Influence of the Judicial Committee of the Privy Council on the UK’s Apex Court: Institutional Proximity and Jurisprudential Divergence? (2020)
Journal Article
Masterman, R. (2020). The Constitutional Influence of the Judicial Committee of the Privy Council on the UK’s Apex Court: Institutional Proximity and Jurisprudential Divergence?. Northern Ireland Legal Quarterly, 71(2), 285-302

It is often claimed that the constitutional role of the UK’s apex court is enriched as a result of the experiences of the Judicial Committee of the Privy Council as interpreter of constitutions within its overseas jurisdiction. This paper considers t... Read More about The Constitutional Influence of the Judicial Committee of the Privy Council on the UK’s Apex Court: Institutional Proximity and Jurisprudential Divergence?.

ការបដិសេធភ័ស្តុតាង ៖ ករណីការថតសម្លេងតាមទូរស័ព្ទ បទអត្ថាធិប្បាយ លើសាលក្រម សំណុំរឿង ៣៣៦/២០០៥ ចុះថ្ងៃទី ១៥ ខែ មីនា ឆ្នាំ ២០០៥ និង លេខ ៤៦៣/២០០៥ ចុះថ្ងៃទី ១៣ ខែ មេសា ឆ្នាំ ២០០៥ របស់តុលាការកំពូលប្រទេស អេស្ប៉ាញ (ផ្នែកព្រហ្មទណ្ឌ) (2018)
Journal Article
បទអត្ថាធិប្បាយ លើសាលក្រម សំណុំរឿង ៣៣៦/២០០៥ ចុះថ្ងៃទី ១៥ ខែ មីនា ឆ្នាំ ២០០៥ និង លេខ ៤៦៣/២០០៥ ចុះថ្ងៃទី ១៣ ខែ មេសា ឆ្នាំ ២០០៥ របស់តុលាការកំពូលប្រទេស អេស្ប៉ាញ (ផ្នែកព្រហ្មទណ្ឌ)

"Ourworld": A Feminist Approach to Global Constitutionalism (2019)
Journal Article
Houghton, R., & O'Donoghue, A. (2020). "Ourworld": A Feminist Approach to Global Constitutionalism. Global Constitutionalism, 9(1), 38-75. https://doi.org/10.1017/s2045381719000273

Global constitutionalism offers a utopian picture of the future of international law. Its advocates suggest a governance system is emergent that will fill the gaps in legitimacy, democracy and the rule of law present in international law. Speculation... Read More about "Ourworld": A Feminist Approach to Global Constitutionalism.

Murder by Dangerous Driving: Decision of the BGH of 16 January 2019, Case No 4 StR 345/18 Judgment of the LG Hamburg of 19 February 2018, Case No 621 Ks 12/17 German Federal Court of Justice (Bundesgerichtshof—BGH) 4th Criminal Senate (2019)
Journal Article
Bohlander, M. (2019). Murder by Dangerous Driving: Decision of the BGH of 16 January 2019, Case No 4 StR 345/18 Judgment of the LG Hamburg of 19 February 2018, Case No 621 Ks 12/17 German Federal Court of Justice (Bundesgerichtshof—BGH) 4th Criminal Senate. Journal of Criminal Law, 83(3), 191-194

Punitive and Preventive Justice in an Era of Profiling, Smart Prediction and Practical Preclusion: Three Key Questions (2019)
Journal Article
Beyleveld, D., & Brownsword, R. (2019). Punitive and Preventive Justice in an Era of Profiling, Smart Prediction and Practical Preclusion: Three Key Questions. International Journal of Law in Context, 15(2), 198-218. https://doi.org/10.1017/s1744552319000120

In the context of a technology-driven algorithmic approach to criminal justice, this paper responds to the following three questions: (1) what reasons are there for treating liberal values and human rights as guiding for punitive justice; (2) is prev... Read More about Punitive and Preventive Justice in an Era of Profiling, Smart Prediction and Practical Preclusion: Three Key Questions.

Prevent, free speech, ‘extremism’ and counter-terror interventions: exploring narratives about chilling expression in schools (2020)
Journal Article
Fenwick, H., & Fenwick, D. (2020). Prevent, free speech, ‘extremism’ and counter-terror interventions: exploring narratives about chilling expression in schools. Public Law, 2020, 661-679

Reflects on whether the Prevent strategy, intended to avoid persons being drawn into terrorism, is chilling expression in schools. Examines Prevent's operation, whether the term "extremism" is over-broad, whether referrals of pupils hinders free spee... Read More about Prevent, free speech, ‘extremism’ and counter-terror interventions: exploring narratives about chilling expression in schools.

The enactment of the counter-terrorism “Prevent duty” in British schools and colleges: beyond reluctant accommodation or straightforward policy acceptance (2019)
Journal Article
Busher, J., Choudhury, T., & Thomas, P. (2019). The enactment of the counter-terrorism “Prevent duty” in British schools and colleges: beyond reluctant accommodation or straightforward policy acceptance. Critical Studies on Terrorism, 12(3), 440-462. https://doi.org/10.1080/17539153.2019.1568853

When Britain imposed the “Prevent duty”, a legal duty on education, health and social welfare organisations to report concerns about individuals identified as at-risk of radicalisation, critics argued it would accentuate the stigmatisation of Muslim... Read More about The enactment of the counter-terrorism “Prevent duty” in British schools and colleges: beyond reluctant accommodation or straightforward policy acceptance.

Syria & Locating Tyranny, Hegemony and Anarchy in Contemporary International Law (2020)
Journal Article
O'Donoghue, A. (2020). Syria & Locating Tyranny, Hegemony and Anarchy in Contemporary International Law. Jus Cogens, 2(1), 29-55. https://doi.org/10.1007/s42439-020-00015-0

Substantive renderings of tyranny, hegemony or anarchy as governance forms within international law seldom appear. When invoked, tyranny and anarchy are presented as exceptional while hegemony, in accounts often borrowed from international relations... Read More about Syria & Locating Tyranny, Hegemony and Anarchy in Contemporary International Law.

The ‘Range of Reasonable Responses’ test: A Poor ‘Substitution’ for the Statutory Language (2020)
Journal Article
Baker, A. (2021). The ‘Range of Reasonable Responses’ test: A Poor ‘Substitution’ for the Statutory Language. Industrial Law Journal, 50(2), 226-263. https://doi.org/10.1093/indlaw/dwaa006

The ‘range of reasonable responses’ (RORR) test for assessing the fairness of a dismissal under section 98(4) ERA 1996 started life as a mistake and never recovered. Where the statute tells judges a dismissal is unfair if an employer acted ‘unreasona... Read More about The ‘Range of Reasonable Responses’ test: A Poor ‘Substitution’ for the Statutory Language.

Life after Brexit: Operationalising the Belfast/Good Friday Agreement’s Principle of Consent (2019)
Journal Article
Murray, C., & O'Donoghue, A. (2019). Life after Brexit: Operationalising the Belfast/Good Friday Agreement’s Principle of Consent. Dublin University law journal, 42(1), 147-189

Brexit has energised discussions upon Irish (re)unification, with even Theresa May recognising that the threat of a no-deal Brexit heightens the possibility of the break up of the UK. The increasingly prominent discussion of a so-called “border poll”... Read More about Life after Brexit: Operationalising the Belfast/Good Friday Agreement’s Principle of Consent.

E Pluribus Unum? A Divisible College?: Reflections on the International Legal Profession (2018)
Journal Article
Hernandez, G. (2018). E Pluribus Unum? A Divisible College?: Reflections on the International Legal Profession. European Journal of International Law, 29(3), 1003-1022. https://doi.org/10.1093/ejil/chy045

Anthea Roberts’ ambitious monograph, Is International Law International?, calls on international lawyers to suspend our universalist pretensions and reflect from the perspective of different communities of international lawyers, conceived instead as... Read More about E Pluribus Unum? A Divisible College?: Reflections on the International Legal Profession.