发布求助
文献互助 智能选刊 最新文献

Wiley-Blackwell: Modern Law Review最新文献

筛选
英文 中文
Kwok Cheuk Kin V Lam Cheng Yuet Ngor: Government Chastisement of Dissidents and Judicial Review that Never Was? 郭卓坚诉林郑月娥:政府对持不同政见者的惩罚和从未有过的司法审查?
Wiley-Blackwell: Modern Law Review Pub Date : 2020-03-01 DOI: 10.1111/1468-2230.12486
K. Wong
{"title":"Kwok Cheuk Kin V Lam Cheng Yuet Ngor: Government Chastisement of Dissidents and Judicial Review that Never Was?","authors":"K. Wong","doi":"10.1111/1468-2230.12486","DOIUrl":"https://doi.org/10.1111/1468-2230.12486","url":null,"abstract":"The Hong Kong Government issued a strongly‐worded official statement, subsequently adopted by the Chief Executive, to publicly condemn an outspoken constitutional law scholar for expressing views which the Government considered unconstitutional. Leave to judicially review the statement was refused by the Court of First Instance of the High Court of Hong Kong on the grounds, inter alia, that a statement lacking in direct legal consequences was outside the ambit of judicial review and, further, the Chief Executive was in any event entitled to comment on public affairs. This note argues that, on a proper understanding of the supervisory jurisdiction of the Court and the theory of the ‘third source’ of governmental power, neither ground should have precluded judicial review.","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121658315","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Lee v Ashers Baking Company Ltd and Others: The Inapplicability of Discrimination Law to an Illusory Conflict of Rights 李诉阿舍斯烘焙有限公司等:歧视法不适用于虚幻的权利冲突
Wiley-Blackwell: Modern Law Review Pub Date : 2020-01-01 DOI: 10.1111/1468-2230.12482
Eugenio Velasco Ibarra
{"title":"Lee v Ashers Baking Company Ltd and Others: The Inapplicability of Discrimination Law to an Illusory Conflict of Rights","authors":"Eugenio Velasco Ibarra","doi":"10.1111/1468-2230.12482","DOIUrl":"https://doi.org/10.1111/1468-2230.12482","url":null,"abstract":"Providers of customised goods and services do not directly discriminate against a customer when their refusal to fulfil an order is based on their objection to the message requested by the latter and not on any protected characteristics of the person. This is the conclusion reached by the Supreme Court of the United Kingdom when faced with a claim of direct discrimination on grounds of sexual orientation and religious beliefs or political opinions contrary to two Northern Ireland Statutory Rules against a bakery which objected to incorporating the message ‘Support Gay Marriage’ into a cake. In this case comment it is argued that the Supreme Court correctly identified the crucial distinction between a message and a person for the purposes of discrimination law. Each of the two grounds of discrimination at issue is examined and an explanation for the inapplicability of a finding of discrimination on either is offered.","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"214 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122376391","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
A New Chapter in the Normalisation of Closed Material Procedures 封闭材料程序规范化的新篇章
Wiley-Blackwell: Modern Law Review Pub Date : 2020-01-01 DOI: 10.1111/1468-2230.12484
Daniel Lock
{"title":"A New Chapter in the Normalisation of Closed Material Procedures","authors":"Daniel Lock","doi":"10.1111/1468-2230.12484","DOIUrl":"https://doi.org/10.1111/1468-2230.12484","url":null,"abstract":"This note provides an analysis of the Supreme Court decision in Haralambous, which authorised the use of closed material procedures (CMPs) in proceedings surrounding search and seizure warrants issued under the Police and Criminal Evidence Act 1984 (PACE). After presenting the facts of the case and the reasoning of the Court, the note examines the decision as an instance of CMP normalisation consistent with the model of normalisation argued for by Eva Nanopoulos in a previous MLR article. The notes goes on to make the case that Haralambous may be distinguished from previous instances of CMP normalisation on account of the Supreme Court's more open acceptance of CMPs in the decision, which signals a new chapter in CMP normalisation in the UK.","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134219784","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
When Women's Rights are Not Human Rights – the Non‐ Performativity of the Human Rights of Victims of Domestic Abuse within English Family Law 当妇女权利不是人权——英国家庭法中家庭暴力受害者人权的不履行
Wiley-Blackwell: Modern Law Review Pub Date : 2019-11-01 DOI: 10.1111/1468-2230.12474
Shazia Choudhry
{"title":"When Women's Rights are Not Human Rights – the Non‐ Performativity of the Human Rights of Victims of Domestic Abuse within English Family Law","authors":"Shazia Choudhry","doi":"10.1111/1468-2230.12474","DOIUrl":"https://doi.org/10.1111/1468-2230.12474","url":null,"abstract":"A large proportion of child contact cases in England take place within a context of domestic abuse and significant risks to victims and their children associated with post separation contact. The legal response has largely been inadequate and the potential impact of human rights law by the family courts has yet to be fully explored. This paper analyses an exploratory empirical research project undertaken in 2017/2018 with Women's Aid England and 72 victims of domestic abuse regarding their experiences of human rights law in the family courts. The results, theorised through the lens of performativity and against the context of international human rights law, reveal a high level of non‐ performativity with respect to the human rights of the participants. The paper concludes with recommendations and the implications the analysis holds for feminist organisations if they are to fully realise the human rights of the victims of domestic abuse.","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115717495","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Wiltshire Council v Cooper Estates Strategic Land Ltd: Development Plans and the Restriction of Town and Village Green Applications 威尔特郡议会诉库珀地产战略土地有限公司:发展计划和城乡绿色应用的限制
Wiley-Blackwell: Modern Law Review Pub Date : 2019-09-18 DOI: 10.1111/1468-2230.12476
Harley Ronan
{"title":"Wiltshire Council v Cooper Estates Strategic Land Ltd: Development Plans and the Restriction of Town and Village Green Applications","authors":"Harley Ronan","doi":"10.1111/1468-2230.12476","DOIUrl":"https://doi.org/10.1111/1468-2230.12476","url":null,"abstract":"The Court of Appeal has, for the first time, considered the scheme of ‘trigger events’ introduced in the Growth and Infrastructure Act 2013 which preclude the registration of land as a town or village green (or TVG). The event in question concerned identification for potential development in a development plan document. The court was required to determine what constitutes ‘identification for potential development’ for the purposes of the statute. This note suggests that the court's interpretation of ‘identification for potential development’ is unconvincing, and was motivated primarily by policy: to render it more difficult to register land as a TVG. It argues that the judgment constitutes a further and significant restriction on the future viability of TVG applications, rendering entire settlements liable to lose the application of TVG law.","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126341741","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Towards a Contextual Definition of Rape: Consent, Coercion and Constructive Force 强奸的语境定义:同意、胁迫和建设性力量
Wiley-Blackwell: Modern Law Review Pub Date : 2019-08-23 DOI: 10.1111/1468-2230.12461
E. Dowds
{"title":"Towards a Contextual Definition of Rape: Consent, Coercion and Constructive Force","authors":"E. Dowds","doi":"10.1111/1468-2230.12461","DOIUrl":"https://doi.org/10.1111/1468-2230.12461","url":null,"abstract":"This paper considers ‘consent‐based’ and ‘coercion‐based’ models of defining rape. It argues that the ability of these models to adequately protect against violations of sexual autonomy is dependent on their engagement with the broader circumstances within which sexual choices are made. Following an analysis of both models it is argued that attempts to contextualise consent and coercion are often undermined by evaluative framings that encourage scrutiny of the complainant's actions at the expense of engagement with the broader circumstances. This is particularly problematic where rape occurs as a result of non‐violent coercion and the victim does not verbally or physically demonstrate their lack of consent. The paper draws on United States military law and argues that the doctrine of constructive force, which has been used to deal with non‐violent coercion in these contexts, has the potential to progressively reshape our contextual and evaluative framings in domestic contexts.","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126492217","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 13
The Rule of Law and Automation of Government Decision‐Making 法治与政府决策自动化
Wiley-Blackwell: Modern Law Review Pub Date : 2019-05-01 DOI: 10.1111/1468-2230.12412
Monika Zalnieriute, L. B. Moses, G. Williams
{"title":"The Rule of Law and Automation of Government Decision‐Making","authors":"Monika Zalnieriute, L. B. Moses, G. Williams","doi":"10.1111/1468-2230.12412","DOIUrl":"https://doi.org/10.1111/1468-2230.12412","url":null,"abstract":"Governments around the world are deploying automation tools in making decisions that affect rights and entitlements. The interests affected are very broad, ranging from time spent in detention to the receipt of social security benefits. This article focuses on the impact on rule of law values of automation using: \u0000 \u0000(1) pre-programmed rules (for example, expert systems); and \u0000 \u0000(2) predictive inferencing whereby rules are derived from historic data (such by applying supervised machine learning). \u0000 \u0000The article examines the use of these systems across a range of nations. It explores the tension between the rule of law and rapid technological change and concludes with observations on how the automation of government decision-making can both enhance and detract from rule of law values.","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134196217","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 56
Tackling Voyeurism: Is the Voyeurism (Offences) Act 2019 a Wasted Opportunity? 打击窥阴癖:2019年窥阴癖(犯罪)法是一个浪费的机会吗?
Wiley-Blackwell: Modern Law Review Pub Date : 2019-03-21 DOI: 10.1111/1468-2230.12441
A. Gillespíe
{"title":"Tackling Voyeurism: Is the Voyeurism (Offences) Act 2019 a Wasted Opportunity?","authors":"A. Gillespíe","doi":"10.1111/1468-2230.12441","DOIUrl":"https://doi.org/10.1111/1468-2230.12441","url":null,"abstract":"The Voyeurism (Offences) Act 2019 amended the Sexual Offences Act 2003 to introduce a new offence that would seek to tackle so‐called ‘upskirting’. Whilst it originated as a Private Members Bill, it was quickly taken over by the Government following a backbench blocking manoeuvre. The Act ostensibly seeks to fill a loophole that exists within the law and to protect the sexual autonomy and inherent dignity of women. Instead, I will argue, the legislation deals with a niche area and is a wasted opportunity. Parliament chose to kick the issue into the long grass, from where it will be difficult to recover, with parliamentary time likely to be scarce over the coming years.","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128360076","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 5
Fog in the Gateway: Brownlie v Four Seasons Holdings Inc 门户之雾:布朗利诉四季控股公司案
Wiley-Blackwell: Modern Law Review Pub Date : 2019-03-01 DOI: 10.1111/1468-2230.12402
Caspar Bartscherer
{"title":"Fog in the Gateway: Brownlie v Four Seasons Holdings Inc","authors":"Caspar Bartscherer","doi":"10.1111/1468-2230.12402","DOIUrl":"https://doi.org/10.1111/1468-2230.12402","url":null,"abstract":"In Brownlie v Four Seasons Holdings Inc, the UK Supreme Court for the first time addressed the meaning of ‘damage’ in the gateway for jurisdiction in tort cases under paragraph 3.1(9)(a) of Practice Direction 6B of the Civil Procedure Rules 1998. The issue has proven controversial with a number of first instance decisions asserting an expansive jurisdiction in such cases, departing from the traditional approach. In the event the Court decided the case on other grounds, but the extensive discussion of the issue (on which the Court was divided 3‐2) illustrates the stark divergence of opinion on the proper scope of and approach to the English courts’ adjudicatory authority. This note criticises the views advanced by the majority for endorsing the more expansive interpretation on the grounds that it fails to take account of the legislative history and applies an incomplete conception of justice in justifying its position.","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114281281","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Reducing Homelessness or Re‐Ordering the Deckchairs? 减少无家可归者还是重新安排躺椅?
Wiley-Blackwell: Modern Law Review Pub Date : 2019-01-01 DOI: 10.1111/1468-2230.12390
R. Taylor, Adelyn L M Wilson
{"title":"Reducing Homelessness or Re‐Ordering the Deckchairs?","authors":"R. Taylor, Adelyn L M Wilson","doi":"10.1111/1468-2230.12390","DOIUrl":"https://doi.org/10.1111/1468-2230.12390","url":null,"abstract":"The Homelessness Reduction Act 2017 has come into force trumpeting nothing less than the need for a ‘culture change’ among local housing authorities implementing it. Although it aims to reduce homelessness, it is more likely to hide long‐term systemic issues in the housing system. It is argued that the 2017 Act's significant alterations are likely to result in a re‐ordering of the deckchairs on the Titanic of housing policy. Following a biography and critique of the homelessness legislation as being out of time and place, as well as a discussion of the 2017 Act itself, three central points are made: the 2017 Act has ushered in a form of neo‐liberal government of the homeless; the understanding of the household seeking assistance has fundamentally altered, from passive applicant to active citizen; the private rented market provides the sole mechanism for performing the duties but remains problematic.","PeriodicalId":426546,"journal":{"name":"Wiley-Blackwell: Modern Law Review","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133206578","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 7
下一页 尾页
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整，为了账户安全，请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
请完成安全验证×
相关产品
×
本文献相关产品
联系我们：info@booksci.cn Book学术提供免费学术资源搜索服务，方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号：481959085
Book学术官方微信