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All Outputs (327)

Multicultural conversations: The nature and future of culture, identity and nationalism (2024)
Journal Article
Modood, T., Parekh, B., Tyler, C., Uberoi, V., & Connelly, J. (online). Multicultural conversations: The nature and future of culture, identity and nationalism. Ethnicities, https://doi.org/10.1177/14687968241264814

Despite well-known criticism of multiculturalism in Britain, the Netherlands, Germany, Canada, Australia, India and elsewhere since 9/11, such policies have proliferated (Banting and Kymlicka, 2013; Mathieu, 2018) and the Canadian and Australian poli... Read More about Multicultural conversations: The nature and future of culture, identity and nationalism.

Can a human right to good mental health be justified? (2024)
Journal Article
Bielby, P. (2024). Can a human right to good mental health be justified?. Bioethics, 38(8), 733-740. https://doi.org/10.1111/bioe.13329

Can a human right to good mental health be justified? This is an under-explored question: until recently, rights in relation to mental health have been framed and debated primarily in terms of their relevance to psychosocial disability and mental ill... Read More about Can a human right to good mental health be justified?.

The International Procurement Instrument: a device to protect or to equalise the playing field. (2024)
Journal Article
Bovis, C. (in press). The International Procurement Instrument: a device to protect or to equalise the playing field. The Company Lawyer,

European and British companies face restrictions in accessing markets in third countries. The purpose of the IPI Instrument, as a commercial policy instrument, is to restrict access to the EU internal market, including the area of public contracts, f... Read More about The International Procurement Instrument: a device to protect or to equalise the playing field..

It’s not ok to not be ok . . . when you’re a prison governor:The impact of workplace culture on prison governors’ wellbeing in England, Scotland and Wales (2024)
Journal Article
Nichols, H., Saunders, G., Harrison, K., Mason, R., Smith, L., & Hall, L. (2024). It’s not ok to not be ok . . . when you’re a prison governor:The impact of workplace culture on prison governors’ wellbeing in England, Scotland and Wales. Incarceration, 5, 1-19. https://doi.org/10.1177/26326663241253698

The wellbeing of prison governors has received little attention in penological research to date. The findings of this research reveal that governors’ wellbeing is negatively impacted by a dominant Masculinity Contest Culture (MCC) permeating through... Read More about It’s not ok to not be ok . . . when you’re a prison governor:The impact of workplace culture on prison governors’ wellbeing in England, Scotland and Wales.

Globalization of American Interpretation Debate: Originalists, Living Constitutionalists, and the Drifters (2024)
Journal Article
Chowdhury, M. J. A., & Ahmed, J. (in press). Globalization of American Interpretation Debate: Originalists, Living Constitutionalists, and the Drifters. The Asian Yearbook of Human Rights and Humanitarian Law, 8, Article 7

The American Debate on originalism and living constitutionalism has travelled worldwide. This paper examines four Western and six South and Southeast Asian jurisdictions and argues that the modalities of the Debate there reflect their party systems,... Read More about Globalization of American Interpretation Debate: Originalists, Living Constitutionalists, and the Drifters.

Reappraising Reprisals Against Enemy Civilians in Customary International Humanitarian Law (2024)
Journal Article
Moir, L. (2024). Reappraising Reprisals Against Enemy Civilians in Customary International Humanitarian Law. Journal of International Humanitarian Legal Studies, 15(2), https://doi.org/10.1163/18781527-bja10095

Belligerent reprisals are a controversial and largely discredited mechanism for the enforcement of international humanitarian law. Additional Protocol I of 1977 prohibits a range of reprisal activity, including reprisals against enemy civilians. A (r... Read More about Reappraising Reprisals Against Enemy Civilians in Customary International Humanitarian Law.

Universals of legal reasoning by judges: A plea for candour in decision-making (2024)
Book
Lundmark, T. (2024). Universals of legal reasoning by judges: A plea for candour in decision-making. Oxford University Press. https://doi.org/10.1093/oso/9780198785675.001.0001

Universals in Legal Reasoning by Judges explores and expounds the usage of rules to justify judicial decisions. Inspired by Savigny's canons of interpretation, and informed by the author's years of study and teaching in Germany, the book constructs a... Read More about Universals of legal reasoning by judges: A plea for candour in decision-making.

Expropriations for Climate in Germany (2024)
Book Chapter
Lundmark, T., & Herrmann, S. (2024). Expropriations for Climate in Germany. In M. Habdas, B. Hoops, E. Marais, H. Mostert, J. Sluysmans, & L. Verstappen (Eds.), Rethinking Expropriation IV : Takings for Climate Justice and Resilience. Eleven International Publishing

This chapter, co-authored with Sebastian Herrmann, explores the constitutional and statute law of Germany regarding the climate and regarding the protection of private property in light of the extensive case decisions of the German courts, with a foc... Read More about Expropriations for Climate in Germany.

Amendment Rules, Politics and Debates in Bangladesh (2024)
Book Chapter
Chowdhury, J. Amendment Rules, Politics and Debates in Bangladesh. In N. S. Bui, & M. Malagodi (Eds.), Constitutional Amendments (367-388). Hart Publishing

This chapter considers Bangladesh’s constitutional amendment rules, politics and debates. It evaluates the history, nature and impact of Bangladeshi amendments from a functionalist perspective developed by Ngoc Son Bui – one of the two editors of thi... Read More about Amendment Rules, Politics and Debates in Bangladesh.

State aid and the evolution of transport law (2024)
Journal Article
Bovis, C. (2024). State aid and the evolution of transport law. e-Competitions Antitrust Case Laws e-Bulletin, Article 116819

The evolution of transport law in the European Union has been in synchronous mode with the application of state aid
acquis in the relevant sectors, which has an exceptional character. Although in general conformity with the broader remit of state ai... Read More about State aid and the evolution of transport law.

Living with water and flood in medieval and early modern Hull (2024)
Journal Article
McDonagh, B., Worthen, H., Mottram, S., & Buxton-Hill, S. (2024). Living with water and flood in medieval and early modern Hull. Environment and History, 30(4), 585-614. https://doi.org/10.3828/whp.eh.63830915903577

This paper explores Hull's histories of living with water and flood in the period between the foundation of the town in the 1260s and c. 1700, examining how the inhabitants, Corporation and Commissioners of Sewers managed and governed water in order... Read More about Living with water and flood in medieval and early modern Hull.

The ten-year anniversary of public procurement reforms: a critical assessment of the European Union public procurement Directives (2024)
Journal Article
Bovis, C. H. (2024). The ten-year anniversary of public procurement reforms: a critical assessment of the European Union public procurement Directives. ERA-Forum, https://doi.org/10.1007/s12027-024-00798-5

This article evaluates the objectives of the legal framework on public procurement in the European Union and assesses its contribution to the internal market. The author provides for a critical analysis of the evolution of the public procurement acqu... Read More about The ten-year anniversary of public procurement reforms: a critical assessment of the European Union public procurement Directives.

Damages in Public Procurement: Triple Damages Claims Available for Breaches of Public Procurement Law (2024)
Journal Article
Bovis, C. (2024). Damages in Public Procurement: Triple Damages Claims Available for Breaches of Public Procurement Law. European Procurement and Public Private Partnership Law Review, 19(2), 104-109. https://doi.org/10.21552/epppl/2024/2/5

The Remedies Directives leave Member States with a wide discretion as to the creation of the appropriate forum to receive complaints and legal actions against decisions of contracting authorities and utilities, as well as action for damages in public... Read More about Damages in Public Procurement: Triple Damages Claims Available for Breaches of Public Procurement Law.

Reserving the objectionable: reprisals against enemy civilians, the United Kingdom and 1977 Additional Protocol I (2023)
Journal Article
Moir, L. (2023). Reserving the objectionable: reprisals against enemy civilians, the United Kingdom and 1977 Additional Protocol I. The Military Law and the Law of War Review, 61(2), 125-159. https://doi.org/10.4337/mllwr.2023.02.01

Belligerent reprisals are a largely discredited method for the enforcement of international humanitarian law, which have been progressively limited and prohibited. Additional Protocol I of 1977 prohibits reprisals against enemy civilians but the Unit... Read More about Reserving the objectionable: reprisals against enemy civilians, the United Kingdom and 1977 Additional Protocol I.

Parliament of Bangladesh: Constitutional Position and Contributions (2023)
Book Chapter
Chowdhury, M. J. A. (2023). Parliament of Bangladesh: Constitutional Position and Contributions. In R. Hoque, & R. Chowdhury (Eds.), A History of the Constitution of Bangladesh: The Founding, Development, and Way Ahead (145-160). Routledge. https://doi.org/10.4324/9781003276814-12

At the end of British colonial rule in 1947, Bangladesh became a part of Pakistan. It declared independence in March 1971, fought a nine-month-long war, and emerged as an independent state in December 1971. At independence, Bangladesh adopted the Wes... Read More about Parliament of Bangladesh: Constitutional Position and Contributions.

Fifty Years of Electioneering in Bangladesh: The Collapse of a Constitutional Design (2023)
Book Chapter
Chowdhury, M. J. A. (2023). Fifty Years of Electioneering in Bangladesh: The Collapse of a Constitutional Design. In M. R. Islam, & M. E. Haque (Eds.), The Constitutional Law of Bangladesh: Progression and Transformation at its 50th Anniversary (173-193). Springer (part of Springer Nature). https://doi.org/10.1007/978-981-99-2579-7_10

The orderly transfer of power through regular, participatory, free, fair, and credible election is the most fundamental, though not the only, requirement of democratic constitutionalism. Bangladesh’s 50 years-long electioneering experience represents... Read More about Fifty Years of Electioneering in Bangladesh: The Collapse of a Constitutional Design.

Making and Unmaking the Constitution of Bangladesh (2023)
Book Chapter
Chowdhury, M. J. A. (2023). Making and Unmaking the Constitution of Bangladesh. In N. Son Bui, & M. Malagodi (Eds.), Asian Comparative Constitutional Law Volume 1 Constitution-Making (363-382). Hart Publishing. https://doi.org/10.5040/9781509949724.ch-017

Bangladesh ’ s Constitution of 1972 was largely modelled on a UK-styled parliamentary system with a ‘ half-hearted ’ combination of a US-styled judiciary. Th e framers choose a Westminster-like arrangement between the executive and legislative branch... Read More about Making and Unmaking the Constitution of Bangladesh.

Reflections on the Francovich Remedy (2023)
Book Chapter
Kunnecke McClean, M. (in press). Reflections on the Francovich Remedy. In K. Gromek-Broc (Ed.), Public Law in a Troubled Era: A Tribute to Professor Patrick Birkinshaw. Kluwer Law International

The Parliament (Jatiya Sangsad) of Bangladesh (2023)
Book Chapter
Chowdhury, M. J. A. (2023). The Parliament (Jatiya Sangsad) of Bangladesh. In P. J. Yap, & R. Abeyratne (Eds.), Routledge Handbook of Asian Parliaments (103-124). Routledge. https://doi.org/10.4324/9781003109402-9

The Parliament of Bangladesh (hereinafter, the Parliament) is officially known as the Jatiya Sangsad (House of the Nation). It is a unicameral legislature established under Article 65 of the Constitution of the People’s Republic of Bangladesh (herein... Read More about The Parliament (Jatiya Sangsad) of Bangladesh.