Modern Law Review最新文献_第8页

Undermining loyalty to legality? An empirical analysis of perceptions of 'lockdown' law and guidance during COVID-19. 削弱对合法性的忠诚？对 COVID-19 期间对 "封锁 "法律和指导的看法的实证分析。

IF 0.9 4区社会学

Modern Law Review Pub Date : 2022-07-05 DOI: 10.1111/1468-2230.12755

Naomi Finch, Simon Halliday, Joe Tomlinson, Jed Meers, Mark Wilberforce

引用次数: 0

Brexit, Covid-19, and Possible Frameworks for Future UK/EU Financial Governance Cooperation. 英国脱欧、新冠肺炎和未来英国/欧盟金融治理合作的可能框架。

IF 0.9 4区社会学

Modern Law Review Pub Date : 2021-11-01 Epub Date: 2021-06-28 DOI: 10.1111/1468-2230.12650

Elizabeth Howell

引用次数: 2

The EU-UK Trade and Cooperation Agreement – Exceptional Circumstances or a new Paradigm for EU External Relations? 欧盟-英国贸易与合作协定——特殊情况还是欧盟对外关系的新范式?

IF 0.9 4区社会学

Modern Law Review Pub Date : 2021-10-20 DOI: 10.1111/1468-2230.12698

C. Eckes, Päivi Leino-Sandberg

引用次数: 3

What the Fair Minded Observer Really Thinks About Judicial Impartiality 公正的观察者对司法公正的真正看法

IF 0.9 4区社会学

Modern Law Review Pub Date : 2021-07-01 DOI: 10.1111/1468-2230.12631

Andrew Higgins, Inbar Levy

{"title":"What the Fair Minded Observer Really Thinks About Judicial Impartiality","authors":"Andrew Higgins, Inbar Levy","doi":"10.1111/1468-2230.12631","DOIUrl":"https://doi.org/10.1111/1468-2230.12631","url":null,"abstract":"This article presents the results of an empirical study designed to assess the degree of convergence and divergence between public opinion and the fictional Fair Minded Observer (‘FMO’) used to determine whether a judge ought to be disqualified on the grounds of possible bias. As part of the test for apparent bias, judges have to imagine whether an FMO would see a risk of bias on the part of the judge. Although the courts have never definitively stated whether the FMO is meant to represent an ideal or average member of the public, to the extent that the FMO is partly meant to reflect public perception, the obvious weakness in the test is that no one has tested public attitudes to the risk of judicial bias specifically. In our study, we conducted nationally representative public surveys in both the UK and Australia, asking respondents what they think about different situations of possible bias (N=2064). Our results, in the form of descriptive statistics, indicate that a gap exists between the FMO created by the courts and public opinion in both the UK and Australia. This gap extends across a number of areas thought to give rise to possible bias, including financial interests and relationships and the risk of prejudgement, as well as fact patterns based on leading cases. There are methodological limitations in nationally representative opinion surveys, which make it difficult to measure informed and reasonable public opinion. While further research would be desirable, if the law of bias continues to be partly framed around the need to maintain public confidence in the legal system, law and policy makers will need to take some account of the results of studies such as this one.","PeriodicalId":47530,"journal":{"name":"Modern Law Review","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/1468-2230.12631","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46820682","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Citizen Led Policing in the Digital Realm: Paedophile Hunters and Article 8 in the case of Sutherland v Her Majesty's Advocate 数字领域中公民主导的警务:恋童癖猎人和萨瑟兰诉女王陛下辩护人案中的第八条

IF 0.9 4区社会学

Modern Law Review Pub Date : 2021-06-14 DOI: 10.1111/1468-2230.12653

Allison M. Holmes

引用次数: 0

A Struggle for Competence: National Security, Surveillance and the Scope of EU Law at the Court of Justice of European Union 权力之争:欧盟法院的国家安全、监视和欧盟法的范围

IF 0.9 4区社会学

Modern Law Review Pub Date : 2021-06-13 DOI: 10.1111/1468-2230.12652

Monika Zalnieriute

{"title":"A Struggle for Competence: National Security, Surveillance and the Scope of EU Law at the Court of Justice of European Union","authors":"Monika Zalnieriute","doi":"10.1111/1468-2230.12652","DOIUrl":"https://doi.org/10.1111/1468-2230.12652","url":null,"abstract":"In Privacy International and Quadrature Du Net, the Grand Chamber of the Court of Justice of the European Union (‘CJEU’) ruled that the e-Privacy Directive and EU Charter on Fundamental Rights generally prevent national law from enabling bulk retention and transmission of traffic and location data. However, in Quadrature Du Net, the Court clarified that EU law does not preclude indiscriminate data retention measures when Member States can prove serious threats to national security. In such cases, bulk data can only be retained during a strictly necessary period and the decision must be subject to review by a court or independent administrative body. The judgments will have serious implications for other data retention and sharing arrangements, such as the PNR, the proposed e-Privacy Regulation and e-Evidence package, international data sharing agreements, and also the third countries seeking adequacy decisions under the GDPR, including post-Brexit UK. The rulings suggest that CJEU has become an important actor in national security landscape, which has been outside the scope of European integration, but has become a ground for political struggle between the EU institutions and Member States. Yet, while Privacy International is an unequivocal assertion of CJEU’s authority in the area of national security and a victory for data protection, Quadrature Du Net does not oppose indiscriminate data retention in principle and is an ambivalent response by the CJEU in the face of political pressure.","PeriodicalId":47530,"journal":{"name":"Modern Law Review","volume":null,"pages":null},"PeriodicalIF":0.9,"publicationDate":"2021-06-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/1468-2230.12652","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43611970","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Abuse of Rights in English Contract Law: Hidden in Plain Sight? 英国合同法中的权利滥用:隐藏在明处?

IF 0.9 4区社会学

Modern Law Review Pub Date : 2021-05-28 DOI: 10.1111/1468-2230.12647

Solène Rowan

引用次数: 2

Octavio L.M. Ferraz, Health as a Human Right: The Politics and Judicialisation of Health in Brazil, Cambridge: Cambridge University Press, 2021, xxii + 340 pp, hb £85.00. Octavio L.M.Ferraz，《健康作为一项人权：巴西健康的政治和司法化》，剑桥：剑桥大学出版社，2021，xxii+340页，hb 85.00英镑。

IF 0.9 4区社会学

Modern Law Review Pub Date : 2021-05-26 DOI: 10.1111/1468-2230.12645

Natalia Pires de Vasconcelos

引用次数: 0

KaiAmbos et al , Core Concepts in Criminal Law and Criminal Justice, Volume 1: Anglo‐German Dialogues, Cambridge: Cambridge University Press, 2020, 504 pp, hb £110 KaiAmbos等人，《刑法和刑事司法的核心概念》，第1卷：《英德对话》，剑桥：剑桥大学出版社，2020年，504页，110英镑