The Review

November 2019 Issue

articles

The Authority and Interpretation of Regulations

In the past half century, governments have increasingly relied on regulations—secondary legislation issued by administrative bodies and departments—to impose obligations on private parties, multiplying the occasions for regulatory interpretation. This article develops a theory of regulatory interpretation. Turning to the public law of the UK, US, and Australia, it argues that such a theory involves understanding the authority of regulations.

Andrew Edgar & Kevin M Stack

When Women's Rights are Not Human Rights – the Non‐ Performativity of the Human Rights of Victims of Domestic Abuse within English Family Law

A large proportion of child contact cases in England take place within a context of domestic abuse. The legal response has largely been inadequate and the potential impact of human rights law by the family courts has yet to be fully explored. This paper analyses an exploratory empirical research project undertaken in 2017/2018 with Women's Aid England and 72 victims of domestic abuse regarding their experiences of human rights law in the family courts.

Shazia Choudhry

legislation

cases

For the Want of Certainty: Vnuk, Juliana and Andrade and the Obligation to Insure

In 2014, the Court of Justice of the European Union extended the requirement for the owner of a motor vehicle to possess insurance cover where the vehicle is used on a road or other public place to vehicles on private land. Beyond disquiet as to this extension, there remains uncertainty at statutory and jurisprudential levels. Clarification is needed, through a seventh MVID or direction from the CJEU.

James Marson & Katy Ferris

Wiltshire Council v Cooper Estates Strategic Land Ltd: Development Plans and the Restriction of Town and Village Green Applications

The Court of Appeal has, for the first time, considered the scheme of ‘trigger events’ introduced in the Growth and Infrastructure Act 2013 which preclude the registration of land as a town or village green (or TVG). This note suggests that the court's interpretation of ‘identification for potential development’ is unconvincing, and was motivated primarily by policy.

Harley Ronan

review article

In Search of Foundations: Ethics and Metaethics in Constitutional Adjudication

Courts, no doubt, can get moral answers wrong, but can they also get morality itself wrong? This book aims to elucidate the use of ethical or moral arguments in constitutional reasoning by searching for their metaethical foundations. As I aim to show in this review, however, MeCA’s categorisation of ethical argument at times seems crudely reductive, and its own metaethical theory is not entirely convincing.

Justin Lindeboom

book reviews

Review of Delmas, Candice, A Duty to Resist: When Disobedience Should Be Uncivil, Oxford: Oxford University Press, 2018, 312 pp, hb £19.99.

Widespread popular resistance in Europe and beyond has ushered the debate of justified disobedience to the forefront. A Duty to Resist offers a thorough and nuanced assessment of citizens’ political obligations. Eschewing conventional academic wisdom that misleadingly reduces political obligation to a moral duty to obey law, Candice Delmas proposes an expansive understanding of the term.

Andreas Marcou

Review of Meese, James, Authors, Users, and Pirates: Copyright Law and Subjectivity, Cambridge, Mass: MIT Press, 2018, 240 pp, hb $35.00/£27.00.

A type of legal fiction exists in copyright law which presumes the existence ofclearly defined and sufficiently delineated legal subjects. As attractive as this proposition may be, anyone who is involved in this area will know that this is simply not thecase. This less sharply delineated reality fundamentally underlies James Meese’s recent book, which proposes a new relational framework of understanding.

Amy Thomas

Review of Ahmed, Mukarrum, The Nature and Enforcement of Choice of Court Agreements – A Comparative Study, Oxford: Hart/ Bloomsbury, 2017, 300 pp, hb £80.00.

This book is a delight at both the conceptual/theoretical and the practical level. Just as practitioners will enjoy its use as a reference work for case-law and statutory development particularly in the EU and its Member States, so too will those with an interest in the public/private international law divide appreciate the important scholarly contribution the author has made.

Geert Van Calster

The Review

Published November 2019
Frequency Bi-Monthly
Volume 82
Issue 6
Print ISSN 0026-7961
Online ISSN 1468-2230

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