The Review

March 2020 Issue

articles

Corporations as Moral Agents: Trade‐Offs in Criminal Liability and Human Rights for Corporations

This article argues that a common way of defending corporate criminal liability creates a dilemma: it provides a strong justification for giving human rights to corporations. This result follows from approaches to punishment and human rights which predicate each on the status of moral agency. If corporations are moral agents in a sufficient sense to attract criminal liability, they are eligible holders of human rights.

Nick Friedman

Indeterminacy, Disagreement and the Human Rights Act: An Empirical Study of Litigation in the UK House of Lords and Supreme Court 1997–2017

This article explores the impact of the Human Rights Act 1998 on the decision making of the UKHL and UKSC. The Convention rights content of decisions has varied over time and over substantive areas of law. Higher levels of human rights discourse are associated with greater levels of disagreement. A benchmarked measure of human rights content shows the effect of the particular judge on the human rights content, illustrating the indeterminacy in human rights discourse and how its deployment can be contingent on judicial attitudes.

Michael Blackwell

The Evolution of EU Antitrust Policy: 1966–2017

This article describes, and puts in context, the evolution of the enforcement practice of the European Commission in the area of EU antitrust law. Enforcement has progressively moved towards the core and the outer boundaries of the system. It has become policy‐driven rather than law‐driven. The cases chosen by the Commission reflects its ‘more economics‐based approach’ to enforcement. Finally, these cases signal a more ambitious stage in the integration of Member States’ economies.

Pablo Ibáñez Colomo & Andriani Kalintiri

legislation

The Problematic Development of the Stalking Protection Order

In 2019, Parliament enacted the Stalking Protection Act. The Act introduces the stalking protection order (SPO); a civil measure the breach of which is an offence. This article examines instead the roles of Government and Parliament in developing the stalking protection order. My central contention is that the Home Office undertook a problematic consultation and the issues to which it gave rise were not addressed in later parliamentary debates.

Rory Kelly

cases

Kwok Cheuk Kin v Lam Cheng Yuet Ngor: Government Chastisement of Dissidents and Judicial Review That Never Was?

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. This note argues that, on a proper understanding of the supervisory jurisdiction of the HK High Court and the theory of the ‘third source’ of governmental power, neither ground should have precluded judicial review.

Kai Yeung Wong

review article

book reviews

Review of Mason Meier, Benjamin and Gostin, Lawrence O. (eds), Human Rights in Global Health: Rights‐Based Governance for a Globalizing World, New York: Oxford University Press, 2018, 616 pp, pb, £39.99

Human rights law has a lot to say on global health inequities, thanks to its underpinning values: the quest for dignity and equality for all human beings. This substantial edited volume comes at an opportune time, enabling the reader to reflect on how human rights have influenced and shaped global health, and what the future holds in this field.

Claire Lougarre

Review of Carvalho, Henrique, The Preventive Turn in Criminal Law, Oxford: Oxford University Press, 2017, 224 pp, hb £60.00.

In recent decades, the criminal law in England and Wales, and in other liberal legal systems, has increasingly been used for preventive purposes. In this book, Henrique Carvalho argues that expansions in the criminal law driven by the preventive rationale represent not a break with the liberal tradition but rather an expression of a deeply rooted tension within liberal theory itself.

Zachary Hoskins

Review of Pitcher, Kelly, Judicial Responses to Pre‐Trial Procedural Violations in International Criminal Proceedings, Berlin: Springer, 2018, 557 pp, hb £175, eBook £140.

Kelly Pitcher’s book undertakes an in-depth study of one of the most politically-charged, controversial and enduring questions of criminal evidence and procedure, namely whether pre-trial procedural violations, for which the police or prosecution authorities could be held to account, should trigger judicial remedies.

Dimitrios Giannoulopoulos

The Review

Published March 2020
Frequency Bi-Monthly
Volume 83
Issue 2
Print ISSN 0026-7961
Online ISSN 1468-2230

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