This article addresses the unsuccessful attempts to suppress free speech during the Korean War, examining the attempts to silence three reporters of alleged atrocities by United Nations forces – Alan Winnington (a journalist), Monica Felton (a women's movement activist) and Jack Gaster (a solicitor) ‐ each threatened with or investigated for prosecution for treason or sedition.
Reproductive interventions and technologies have the capacity to generate profound societal unease and to provoke hostile reactions underpinned by various moral concerns. This paper shows that this position currently goes relatively unchecked by the European Court of Human Rights, which allows the margin of appreciation and consensus doctrines significantly to limit the scope of reproductive rights under the right to respect for private and family life under Article 8.
This article examines the category of ‘the child’ in European human rights law, based on an analysis of the child‐related jurisprudence of the European Court of Human Rights, arguing that a full account of legal selfhood is constructed through the notion of ‘the child’ in this jurisprudence.
This note considers the radical significance of Supreme Court's judgment in R (on the Application of UNISON) v Lord Chancellor (UNISON) on the unlawfulness of tribunal fees, arguing that the decision marks the coming of age of the ‘common law constitution at work’.
In April 2017 the ECtHR held that the legal recognition of gender transition cannot be made conditional upon pursuing medical or surgical procedures which have (or are likely to have) sterilising effects. This article analyses the judgment from a critical perspective grounded in queer theory, noting both the positive and the negative elements of the Court's decision.
Amidst an explosion in academic writing on the role of national parliaments and interparliamentary cooperation in the Lisbon and post-Lisbon EU, this valuable new collection brings together leading and emerging scholars in the field of interparliamentary cooperation from legal and political science backgrounds along with contributions from a number of practitioners.
Alan Norrie is one of the leading voices in the critical analysis of criminal law. In this book, he brings together a collection of recent essays and articles that develop two distinctive themes in his work to date: law's 'architectonic' and its 'constellation', challenging both liberal and critical legal theory, as part of a project of judging 'law's judgment'.
Continuing her previous work examining the concept of ‘comparative international law,’ Anthea Roberts’ book represents a rare and valuable attempt to understand how pronounced differences of interpretation arise in, and structure, the study and practice of international law. For a profession that is profoundly dedicated to conceiving of itself as an ‘invisible college’ of members working towards a common project, there is much to be gained from taking a hard look at the reality of the ‘divisible college’.
It is easy to view the current instability in the international trading order as a time of upheaval and transformation, and to frame what came before as static and stable. Against this backdrop, Gregory Messenger’s meticulous, scholarly and ‘multi-causal’ portrait of the development of WTO law provides a thoughtful reminder that change has always been a central feature of the system.
In his new book, Dimitrios Kyritsis sets out a ‘moralized constitutional theory’, according to which questions of constitutional theory are questions of political morality. Working at the intersection of legal and political theory, Kyritsis tells a story of courts and legislatures as partners in a ‘joint project’ of political governance, and in so doing provides a framework with which to analyse one of the most controversial questions of constitutional theory: the justifiability of constitutional review of legislation
Jurists have long recognised a distinction between military law, which is seen as the code of rules enforced by military courts regulating the conduct of the armed forces, and martial law, which is seen as the resort to extra-legal force to restore order in times of invasion or emergency. In this meticulously-researched and well-written volume, John M. Collins argues that this distinction did not exist in early modern England, and that it only came into being after 1689 with the passage of the Mutiny Acts.
Jonathan Ercanbrack’s The Transformation of Islamic Law in Global Financial Markets is the first monograph to grapple, critically and with theoretical sophistication, with the transnational development of Islamic financial law (IFL) from both a theoretical and an empirical perspective.
| Published | May 2018 |
|---|---|
| Frequency | Bi-Monthly |
| Volume | 81 |
| Issue | 3 |
| Print ISSN | 0026-7961 |
| Online ISSN | 1468-2230 |
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