The Review

November 2016 Issue

articles

Sex, Statistics, Peacekeepers and Power: UN Data on Sexual Exploitation and Abuse and the Quest for Legal Reform

The UN Secretariat provides annual statistics on allegations of sexual exploitation and abuse made against peacekeeping personnel, with reduced numbers of allegations leading to claims of success for the UN's ‘zero tolerance’ policy. They have been used to establish the UN's authority to resolve the ‘problem’ of sexual exploitation and abuse, diminishing the space for critique of UN policy and undermining the quest for improved legal arrangements.

Kate Grady

legislation

A Dive into Deep Constitutional Waters: Article 50, the Prerogative and Parliament

This article argues first of all that the power to trigger Article 50 remains within the prerogative, contesting Robert Craig's argument in this issue that it is now a statutory power. It then suggests a number of arguments as to why the frustration principle may be of only doubtful application in this case, and in doing so it re-examines one of the key authorities prayed in aid of it -- the Fire Brigades Union case.

Gavin Phillipson

cases

review article

book reviews

Review of Thomas Andrew Green, Freedom and Criminal Responsibility in American Legal Thought, New York: Cambridge University Press, 2014, xiii + 504 pp, hb £55.00, pb (2015) £22.99

Focusing on the ‘long twentieth century’ from the rise of the Progressive Era to the triumph of neo-retributivism, Green's extended and meticulous meditation on the history of legal academic thought about criminal responsibility in the United States is structured in three main parts or, as he puts it, essays: the 'age of Pound'; a 'forgotten' period; and the last decades of the twentieth century.

Nicola Lacey

Review of Mateja Durovic, European Law on Unfair Commercial Practices and Contract Law, Oxford: Hart Publishing, 2016, 240 pp, hb £49.50

Mateja Durovic approaches the EU contract law from a slightly different angle, evaluating the impact of a conceptually non-contractual instrument on EU and Member State contract law. More precisely, with this monograph Durovic analyses the interplay between the (fully harmonised) 2005 Unfair Commercial Practices Directive (UCPD) and EU / Member State contract law.

Stefan Wrbka

Review of Graham Gee, Robert Hazell, Kate Malleson and Patrick O'Brien, The Politics of Judicial Independence in the UK's Changing Constitution, Cambridge: Cambridge University Press, 2015, xi + 293 pp, hb £65.00

In The Politics of Judicial Independence in the UK's Changing Constitution, the authors present the results of a three-year research project that involved consultations with judges, lawyers, politicians and other stakeholders to better understand the independence and accountability of the UK judiciary.

Lorne Neudorf

The Review

Published November 2016
Frequency Bi-monthly
Volume 79
Issue 6
Print ISSN 0026-7961
Online ISSN 1468-2230

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