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All Outputs (318)

Amendment Power in Bangladesh: Arguments for the Revival of Constitutional Referendum (2019)
Journal Article
Chowdhury, M. J. A., & Saha, N. K. (2019). Amendment Power in Bangladesh: Arguments for the Revival of Constitutional Referendum. Indian Journal of Constitutional Law, 9, 38-61

The recent constitutional trend in divided societies and relatively unstable democracies has seen an increased use of perpetuity clauses as a tool to foster constitutional stability. Propriety and effectiveness of making certain part or parts of c... Read More about Amendment Power in Bangladesh: Arguments for the Revival of Constitutional Referendum.

Mortgage possession at a crossroads: which way should we turn? (2019)
Journal Article
Whitehouse, L. (2019). Mortgage possession at a crossroads: which way should we turn?. Conveyancer and property lawyer, 83(3), 227-249

The unification of the regulation of first and second mortgages in 2016 has raised the question as to the appropriate route for possession claims: is it the Administration of Justice Act 1970 or the Consumer Credit Act 1974? In making the case for th... Read More about Mortgage possession at a crossroads: which way should we turn?.

Conceptualising ‘style’ in legal scholarship: the curious case of Zweigert’s 'style doctrine' (2019)
Journal Article
Cserne, P. (2019). Conceptualising ‘style’ in legal scholarship: the curious case of Zweigert’s 'style doctrine'. International journal of law in context, 15(3), 297-309. https://doi.org/10.1017/S1744552319000296

This paper focuses on the German legal scholar Konrad Zweigert’s (1911–96) deceptively simple and notoriously vague use of the term “style” in comparative legal scholarship.

Improving procedural fairness in housing possession cases (2019)
Journal Article
Whitehouse, L., Bright, S., & Dhami, M. (2019). Improving procedural fairness in housing possession cases. Civil justice quarterly, 38(3), 351-375

This article offers an insight into the context and practice of housing possession hearings in which a social landlord seeks a possession order against a tenant who is in rent arrears. Drawing on the findings of the authors’ empirical research supple... Read More about Improving procedural fairness in housing possession cases.

Tacticians, stewards and professionals: The politics of publishing select committee legal advice (2019)
Journal Article
Yong, B., Davies, G., & Leston-Bandeira, C. (in press). Tacticians, stewards and professionals: The politics of publishing select committee legal advice. Journal of Law and Society, Forthcoming, https://doi.org/10.1111/jols.12153

At Westminster, there are increasing pressures on select committees to publish in-house legal advice. We suggest that examining the process of deciding to publish gives us useful insights into the provision, reception and use of legal advice, and the... Read More about Tacticians, stewards and professionals: The politics of publishing select committee legal advice.

Alternative histories and futures of International Fisheries Law (2019)
Book Chapter
Barnes, R. (2019). Alternative histories and futures of International Fisheries Law. In R. Caddell, & E. J. Molenaar (Eds.), Strengthening International Fisheries Law in an era of changing oceans. Bloomsbury Publishing

Counterfactual thinking is used to analyse historical events or the effectiveness of political regimes. It is also used to show the contingency of events. What if we were to apply counterfactual thinking to the international regulation of fisheries?... Read More about Alternative histories and futures of International Fisheries Law.

The Pursuit of Good Regulatory Design Principles in International Fisheries Law: What Possibility of Smarter International Regulation? (2019)
Book Chapter
Barnes, R. (2019). The Pursuit of Good Regulatory Design Principles in International Fisheries Law: What Possibility of Smarter International Regulation?. In J. van Erp, M. Faure, A. Nollkaemper, & N. Philipsen (Eds.), Smart Mixes of Environmental Governance edited by Niels Philipsen, Judith van Erp, Andre Nollkaemper, and Michael Faure (97-125). Cambridge University Press. https://doi.org/10.1017/9781108653183

Regional Fisheries Management Organisations (RFMOs) facilitate international cooperation for the management of shared transboundary fish resources like tuna. However, RFMOs are challenged with dynamic interests which have slowed progress towards coll... Read More about The Pursuit of Good Regulatory Design Principles in International Fisheries Law: What Possibility of Smarter International Regulation?.

Building Bridges: Prisoners, Crime Victims and Restorative Justice (2019)
Book
Brennan, I., & Johnston, G. (2019). Building Bridges: Prisoners, Crime Victims and Restorative Justice. Eleven International Publishing

Across Europe, restorative justice has gained acceptance as a way of resolving disputes and mitigating the harm of crime in the community. Practitioners have also begun to coordinate restorative meetings in prisons in an effort to reduce the harms of... Read More about Building Bridges: Prisoners, Crime Victims and Restorative Justice.

What do we mean by parliamentary scrutiny of Brexit? A view from the House of Commons (2019)
Book Chapter
Yong, B., & Thompson, L. (2019). What do we mean by parliamentary scrutiny of Brexit? A view from the House of Commons. In T. Christiansen, & D. Fromage (Eds.), Brexit and Democracy: The Role of Parliaments in the UK and the European Union (29-49). Palgrave Macmillan. https://doi.org/10.1007/978-3-030-06043-5

The United Kingdom’s (UK’s) withdrawal from the European Union (EU) has already resulted in three significant pieces of legislation for the UK Parliament to scrutinise: the European Union (Notification of Withdrawal) Bill in the 2016–17 session, the... Read More about What do we mean by parliamentary scrutiny of Brexit? A view from the House of Commons.

Bangladesh’s inconsistency with the doctrine of prospective invalidation (2019)
Book Chapter
Chowdhury, M. J. A. (2019). Bangladesh’s inconsistency with the doctrine of prospective invalidation. In P. J. Yap (Ed.), Constitutional Remedies in Asia (33-46). London: Routledge. https://doi.org/10.4324/9780429435485

This chapter argue that the position of the Supreme Court of Bangladesh is hardly based on any principled appreciation of the doctrine. It describes the prospective Invalidation is used in a specific sense to touch upon judicial decisions unsettling... Read More about Bangladesh’s inconsistency with the doctrine of prospective invalidation.

German Constitutional Law in the UK Supreme Court (2019)
Journal Article
Künnecke, M. (2019). German Constitutional Law in the UK Supreme Court. Liverpool Law Review, 40(1), 31–47. https://doi.org/10.1007/s10991-019-09221-3

The outgoing tide of EU law will be Britain’s most significant constitutional change in recent times. In an era of uncertainties, the UK Supreme Court proved to be a guardian of the constitutional role of Parliament. The case of Miller, decided in th... Read More about German Constitutional Law in the UK Supreme Court.

The proposed LOSC implementation agreement on areas beyond national jurisdiction and its impact on international fisheries law (2019)
Book Chapter
Barnes, R. (2019). The proposed LOSC implementation agreement on areas beyond national jurisdiction and its impact on international fisheries law. In D. Freestone (Ed.), Conserving biodiversity in areas beyond national jurisdiction (104-139). Brill Academic Publishers. https://doi.org/10.1163/9789004391703_006

As the development of an implementation agreement on the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction gathers pace, it is important to consider how this might impact upon... Read More about The proposed LOSC implementation agreement on areas beyond national jurisdiction and its impact on international fisheries law.

Historical evolution of the international legal responses to the trafficking of children: A critique (2019)
Book Chapter
Faulkner, E. A. (2019). Historical evolution of the international legal responses to the trafficking of children: A critique. In J. A. Winterdyk, & J. Jones (Eds.), The Palgrave International Handbook of Human Trafficking (1-18). Cham, Switzerland: Palgrave Macmillan. https://doi.org/10.1007/978-3-319-63192-9_113-1

The trafficking of children has received extensive attention from both academic and political arenas in recent years, yet this growing phenomenon remains a relatively new area of international law (Gallagher, The international law of human traffickin... Read More about Historical evolution of the international legal responses to the trafficking of children: A critique.

The Evidential Value of National Regulatory Infringement Decisions for the Purposes of Private Damages Actions: Trying to Establish what Really Does “Follow-on” (2019)
Journal Article
Stirling, G. (2019). The Evidential Value of National Regulatory Infringement Decisions for the Purposes of Private Damages Actions: Trying to Establish what Really Does “Follow-on”. Global Competition Litigation Review, 12(4), 168-178

This article considers issues around the evidential value of final infringement decisions of national regulators and review courts for the purposes of follow-on damages actions, particularly in the context of Article 9(1) of the EU’s Antitrust Damage... Read More about The Evidential Value of National Regulatory Infringement Decisions for the Purposes of Private Damages Actions: Trying to Establish what Really Does “Follow-on”.

The Development of Collingwood’s Metaphilosophical Views (2018)
Book Chapter
Connelly, J. (2018). The Development of Collingwood’s Metaphilosophical Views. In K. Dharamsi, G. D'Oro, & S. Leach (Eds.), Collingwood on Philosophical Methodology (35-75). Springer. https://doi.org/10.1007/978-3-030-02432-1_3

Connelly discusses the development of Collingwood’s conception of philosophical methodology and how his early reflections on the role and character of philosophical analysis gradually gave rise to his mature metaphilosophical views. He shows that con... Read More about The Development of Collingwood’s Metaphilosophical Views.

Principles for fisheries management in areas beyond national jurisdiction—the essential role of incentive-based approaches (2018)
Report
Anderson, J., Asche, F., Barnes, R., Bush, S., Gentner, B., Hufflett, C., Libecap, G., Maharaj, V., Nelson, L., Norris, W., Perotti, G., Tietze, U., & Wachowicz, K. (2018). Principles for fisheries management in areas beyond national jurisdiction—the essential role of incentive-based approaches. Washington, DC: World Wildlife Fund

This publication was prepared under the auspices of a multidisciplinary Global Think Tank (GloTT) for the World Bank’s Ocean Partnerships for Sustainable Fisheries and Biodiversity Conservation: Models for Innovation and Reform (OPP). The World Bank’... Read More about Principles for fisheries management in areas beyond national jurisdiction—the essential role of incentive-based approaches.

“I am talking about it because I want to stop it”: child sexual abuse and sexual violence against women in British South Asian communities (2018)
Journal Article
Gill, A. K., & Harrison, K. (2019). “I am talking about it because I want to stop it”: child sexual abuse and sexual violence against women in British South Asian communities. The British journal of criminology, 59(3), 511–529. https://doi.org/10.1093/bjc/azy059

This paper explores the role of socio-cultural factors in violence against women and girls, focusing on child sexual abuse (CSA) and sexual violence (SV) in British South Asian communities. Using examples from thirteen in-depth interviews with surviv... Read More about “I am talking about it because I want to stop it”: child sexual abuse and sexual violence against women in British South Asian communities.

Systemic risk in major public contracts (2018)
Journal Article
Bloomfield, K., Williams, T., Bovis, C., & Merali, Y. (2019). Systemic risk in major public contracts. International Journal of Forecasting, 35(2), 667-676. https://doi.org/10.1016/j.ijforecast.2018.10.005

This paper presents a novel approach to the characterisation of “systemic risk” in the context of public sector procurement and contracting. We argue that contemporary risk management practices in project and programme management exhibit a number of... Read More about Systemic risk in major public contracts.