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All Outputs (131)

Bulgarian constitutionalism : challenges, reform, resistance and ... frustration (2016)
Journal Article
Paskalev, V. (2016). Bulgarian constitutionalism : challenges, reform, resistance and ... frustration. European Public Law, 22(2), 203-224

The paper offers an analysis of Bulgarian constitutional development since 2001 and the impossibility of progressive reforms. It links the decline of quality of democracy with the decline of quality of public discourse.

Effective redress of grievance in data protection : an illusion? (2016)
Journal Article
Varney, M. (2016). Effective redress of grievance in data protection : an illusion?. Maastricht Journal of European and Comparative Law, 23(3), 550-567. https://doi.org/10.1177/1023263X1602300310

This article questions whether the current data protection legislative framework in the EU to provide effective redress of grievance for those who are affected by a breach of data protection law. It considers the extent to which the principle of effe... Read More about Effective redress of grievance in data protection : an illusion?.

The right to a fair trial and the military justice system in Pakistan (2016)
Journal Article
Shah, N. A. (2016). The right to a fair trial and the military justice system in Pakistan. Journal of International Humanitarian Legal Studies, 7(2), 330-362. https://doi.org/10.1163/18781527-00702003

This article analyses the military justice system of Pakistan to determine to what extent it is compatible with fair trial standards recognised by human rights law and the constitution of Pakistan. It sets out the fair trial tests and apply them to t... Read More about The right to a fair trial and the military justice system in Pakistan.

Expert testimony, law and epistemic authority (2016)
Journal Article
Ward, T. (2017). Expert testimony, law and epistemic authority. Journal of Applied Philosophy, 34(2), 263-277. https://doi.org/10.1111/japp.12213

© Society for Applied Philosophy, 2016 This article discusses the concept of epistemic authority in the context of English law relating to expert testimony. It distinguishes between two conceptions of epistemic authority (and epistemic deference), on... Read More about Expert testimony, law and epistemic authority.

United Kingdom judges and European integration (2015)
Journal Article
Birkinshaw, P. (2015). United Kingdom judges and European integration. Rivista italiana di diritto pubblico comunitario, 25(2), 363-386

The British, specifically the English, are widely regarded as awkward partners in the European project. Much of the criticism has come from anti-European integration politicians. Now that the outcome of the 2015 general election for the United Kingdo... Read More about United Kingdom judges and European integration.

Das Verhältnis der Richter des Vereinigten Königreichs zu Europa und der europäischen Integration. Kompetenzen, Grundrechte und Identität (2015)
Journal Article
Birkinshaw, P. (2015). Das Verhältnis der Richter des Vereinigten Königreichs zu Europa und der europäischen Integration. Kompetenzen, Grundrechte und Identität. Europarecht, 50(3), 267-289. https://doi.org/10.5771/0531-2485-2015-3-267

Kritische Töne sind zu hören, wenn man sich die politischen Debatten im Vereinigten Königreich über Europa anschaut. Die juristische Debatte hingegen wird anders als die politische geführt. Die Richterschaft beschäftigt sich weit intensiver mit der e... Read More about Das Verhältnis der Richter des Vereinigten Königreichs zu Europa und der europäischen Integration. Kompetenzen, Grundrechte und Identität.

GMO regulation in Europe: undue delegation, abdication or design flaw? (2015)
Journal Article
Paskalev, V. (2015). GMO regulation in Europe: undue delegation, abdication or design flaw?. European Journal of Risk Regulation, 6(4), 573-578. https://doi.org/10.1017/s1867299x00005110

On 22 April 2015 the European Commission published a review of the current GMO legislation (the GM Review) and tabled a proposal for its amendment (the GM Proposal). The GM Proposal aims to allow to the member states to ban on their territory the use... Read More about GMO regulation in Europe: undue delegation, abdication or design flaw?.

Nature and Enforceability of WTO-plus SPS and TBT Provisions in Canada's PTAs: From NAFTA to CETA (2015)
Journal Article
Villalta Puig, G., & Dalke, E. D. (2016). Nature and Enforceability of WTO-plus SPS and TBT Provisions in Canada's PTAs: From NAFTA to CETA. World Trade Review, 15(1), 51-83. https://doi.org/10.1017/S1474745615000464

Safety standards can function as non-tariff barriers to trade. Canada is a large exporter of goods and so it has an interest in the regulation of safety standards, both at the multilateral level through its membership of the World Trade Organization... Read More about Nature and Enforceability of WTO-plus SPS and TBT Provisions in Canada's PTAs: From NAFTA to CETA.

Permitting program with best management practices for shale gas wells to safeguard public health (2015)
Journal Article
Centner, T. J., & Petetin, L. (2015). Permitting program with best management practices for shale gas wells to safeguard public health. Journal of environmental management, 163(November), 174-183. https://doi.org/10.1016/j.jenvman.2015.08.019

The development of shale gas resources in the United States has been controversial as governments have been tardy in devising sufficient safeguards to protect both people and the environment. Alleged health and environmental damages suggest that othe... Read More about Permitting program with best management practices for shale gas wells to safeguard public health.

Risk in public-private partnerships and critical infrastructure (2015)
Journal Article
Bovis, C. H. (2015). Risk in public-private partnerships and critical infrastructure. European Journal of Risk Regulation, 6(2), 200-207. https://doi.org/10.1017/s1867299x00004505

The process risk allocation is essential for effective PPP contracts, depending on the scope of defined tasks and responsibilities between the parties in their quest to deliver public services. However, risk in critical infrastructure is sui generis... Read More about Risk in public-private partnerships and critical infrastructure.

Child grooming and sexual exploitation: are South Asian men the UK media’s new folk devils? (2015)
Journal Article
Gill, A. K., & Harrison, K. (in press). Child grooming and sexual exploitation: are South Asian men the UK media’s new folk devils?. International journal for crime, justice and social democracy, 4(2), 34-49. https://doi.org/10.5204/ijcjsd.v4i2.214

In May 2012, nine men from the Rochdale area of Manchester were found guilty of sexually exploiting a number of underage girls. Media reporting on the trial focused on the fact that eight of the men were of Pakistani descent, while all the girls were... Read More about Child grooming and sexual exploitation: are South Asian men the UK media’s new folk devils?.

CESL, cross-border transactions and domestic law : why a dual approach could work (although CESL might not) (2015)
Journal Article
Twigg-Flesner, C. (2015). CESL, cross-border transactions and domestic law : why a dual approach could work (although CESL might not). European review of private law = Revue européenne de droit privé = Europäische Zeitschrift für Privatrecht, 23(2),

This article explores the case for legislation that focuses specifically on cross-border consumer transactions in the internal market. It argues that the existence of two parallel regimes (domestic and cross-border) is a positive step because the cro... Read More about CESL, cross-border transactions and domestic law : why a dual approach could work (although CESL might not).

The first legal mortgagor: a consumer without adequate protection? (2015)
Journal Article
Whitehouse, L. (2015). The first legal mortgagor: a consumer without adequate protection?. Journal of consumer policy, 38(2), 161-180. https://doi.org/10.1007/s10603-015-9284-6

This article contends that the UK government’s attempt to create a well-functioning consumer credit market will be undermined if it fails to reform the private law framework relating to the first legal mortgage. Such agreements are governed by two di... Read More about The first legal mortgagor: a consumer without adequate protection?.

Human rights and human wrongs: a rights based approach to the punishment of sex offenders (2014)
Journal Article
Harrison, K., & Rainey, B. (2014). Human rights and human wrongs: a rights based approach to the punishment of sex offenders. Contemporary Issues in Law, 13(3), 229-248

The treatment and management of sex offenders is largely premised on the concepts of punishment and public protection. Driven by populist punitiveness and moral panic, policies designed to manage such offenders are largely incapacitative and retaliat... Read More about Human rights and human wrongs: a rights based approach to the punishment of sex offenders.

Portrait of the EU as a rational agent : collective reason and democratic deficit (2014)
Journal Article
Paskalev, V. (2014). Portrait of the EU as a rational agent : collective reason and democratic deficit. Croatian yearbook of European law and policy, 10, 89-129

In the present article I take a critical view of the well-known discursive dilemma which captures the difference between governance by collective reasoning and governance responsive to majoritarian will. I identify a problem with the solution preferr... Read More about Portrait of the EU as a rational agent : collective reason and democratic deficit.

Proprietary relief in Boardman v Phipps (2014)
Journal Article
Hicks, A. (2014). Proprietary relief in Boardman v Phipps. Northern Ireland Legal Quarterly, 65(1), 1-21

The extent to which acquisitive breaches of fiduciary obligation trigger a constructive trust remains one of the most difficult and controversial issues in equity and the law of restitution.

Reconstructing the effective control criterion in extraterritorial human rights breaches : direct attribution of wrongfulness, due diligence, and concurrent responsibility (2014)
Journal Article
Tzevelekos, V. P. (2014). Reconstructing the effective control criterion in extraterritorial human rights breaches : direct attribution of wrongfulness, due diligence, and concurrent responsibility. Michigan Journal of International Law, 34(1), 129-178

The paper discusses the rather thorny question of extraterritoriality in human rights protection and the effective control criterion developed by the European Court of Human Rights with a view to delimit territorially the ambit of human right obligat... Read More about Reconstructing the effective control criterion in extraterritorial human rights breaches : direct attribution of wrongfulness, due diligence, and concurrent responsibility.

Energy sovereignty in marine spaces (2014)
Journal Article
Barnes, R. (2014). Energy sovereignty in marine spaces. International Journal of Marine and Coastal Law, 29(4), 573-599. https://doi.org/10.1163/15718085-12341328

The term “energy sovereignty” is used with differing emphases to describe a State’s rights or assertions over energy resources and supplies. Given the importance of offshore energy developments, particularly in the field of renewables, this article e... Read More about Energy sovereignty in marine spaces.

The empirical approach to research in property law (2014)
Journal Article
Whitehouse, L., & Bright, S. (2014). The empirical approach to research in property law. Property Law Review, 3(3), 176-185

This article offers an account of the unique characteristics, challenges and benefits of empirical legal research. The authors explain that empirical legal research involves the collection and observation of data through a variety of research techniq... Read More about The empirical approach to research in property law.