The Review

November 2018 Issue

articles

The Shibboleth of Sovereignty

Sovereignty is the central tenet of modern British constitutional thought but its meaning remains misunderstood. Lawyers treat it as a precise legal concept – the doctrine of parliamentary sovereignty – but commonly fail to acknowledge that that doctrine is erected on a skewed sense of what sovereignty entails. This article explains how the doctrine came into being and indicates how its re‐working is the precondition of constitutional renewal.

Martin Loughlin and Stephen Tierney

legislation

cases

Developing a European Standard for International Data Transfers after Snowden: Opinion 1/15 on the EU‐Canada PNR Agreement

In Opinion 1/15 the CJEU held that the proposed EU‐Canada Passenger Name Record agreement must be revised because parts of it are incompatible with the EU fundamental rights framework. This note argues that the significance of Opinion 1/15 can only be understood in the broader historical context of increasing international securitisation between the 9/11 attacks in 2001 and the Snowden revelations in 2013.

Monika Zalnieriute

review article

A Critical Consideration of Substitutive Awards in Contract Law

Substitutive accounts of contract damages have burgeoned over the last twenty years. In broad terms they conceptualise at least some forms of damages for breach of contract as providing a pecuniary substitute either for the claimant’s ‘performance interest’, or a purported right to performance. David Winterton’s book, Money Awards in Contract Law is a thought-provoking and lucid work, representing the best ‘hard substitutivist’ account thus far because, unlike other accounts, his analysis accommodates both contract damages measured according to difference in value and cost-of-cure under the substitutionary umbrella.

Katy Barnett

book reviews

Review of Peter Cane, Controlling Administrative Power: A Historical Comparison, Cambridge: Cambridge University Press, 2016, 608 pp, hb £59.99

Peter Cane’ s, Controlling Administrative Power: A Historical Comparison is an important contribution to the comparative study of administrative law and its methodology. It is an ambitious project spanning over 500 pages and many centuries which references primary legal materials, and extensive political science as well as constitutional and administrative law literature.

Janet McLean

Review of Jens M Scherpe and Andy Hayward (eds), The Future of Registered Partnerships: Family Recognition Beyond Marriage?, Cambridge, Antwerp, Portland: Intersentia, 2017, 591 pp, pb €98.00

This book is concerned with addressing the issues raised by the variety of choices of same gender domestic partnerships now offered in England and Wales, and available in different ways elsewhere. Importantly, there is more to this book than a disconnected list of different jurisdictions’ laws on ‘registered’ partnership.

Chris Barton

Review of Findlay Stark, Culpable Carelessness: Recklessness and Negligence in the Criminal Law, Cambridge: Cambridge University Press, 2016, 327 pp, hb £72.99

Culpable Carelessness by Findlay Stark is a careful and considered contribution to the ‘punishment for negligence’ debate. As well as providing a comprehensive overview of the doctrinal and theoretical aspects of recklessness and negligence in the criminal law, it also offers novel insights for scholars already steeped in these debates.

Kimberly Kessler Ferzan

Review of Maksymilian Del Mar and Michael Lobban (eds), Law in Theory and History: New Essays on a Neglected Dialogue, Oxford: Hart Publishing, 2016, ix + 347 pp, hb £80.00

Over twenty years ago the American legal historian, Morton Horwitz, asked ‘Why is Anglo-American Jurisprudence Unhistorical? ((1997) 17 OJLS 551). The editors of Law in Theory and History have assembled an impressive list of contributors to re-pose, unpack, and attempt to answer Horwitz’s still relevant and nagging question for legal scholars.

David Fraser

The Review

Published November 2018
Frequency Bi-Monthly
Volume 81
Issue 6
Print ISSN 0026-7961
Online ISSN 1468-2230

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