The Review

September 2018 Issue

articles

The Quiet‐Loud‐Quiet Politics of Post‐Crisis Consumer Bankruptcy Law: The Case of Ireland and the Troika

A decade after the Global Financial Crisis, many developed economies continue to strain under excessive household debt. This article presents evidence suggesting that the failure of policymakers to enact debt relief measures may lie in the superior influence of the coordinated and concentrated financial sector over legislative processes, as compared to the diffuse and disorganised interests of consumer debtors.

Joseph Spooner

legislation

Protecting Free Speech and Academic Freedom in Universities

Restrictions on speaking events in universities have been created both by recent student‐led efforts at ‘no‐platforming’ and by Part 5 of the Counter‐terrorism and Security Act 2015 which placed aspects of the government's Prevent strategy on a statutory basis. This article places the combined impact of Part 5 and student‐led curbs on campus speech in context by juxtaposing pre‐existing restrictions with the various free speech duties of universities.

Ian Cram and Helen Fenwick

cases

An Incomplete Victory: The Implications of QT v Director of Immigration for the Protection of Gay Rights in Hong Kong

In the most important decision on gay rights in Hong Kong in ten years, the Court of Appeal of Hong Kong affirmed the right of same‐sex couples married or in a civil partnership overseas to be treated on an equal basis with married heterosexual couples. This note considers the strengths and shortcomings of the Court of Appeal's reasoning, in terms of its potential significance both to the rights of sexual minorities and to the wider protection of human rights by means of the common law.

Kai Yeung Wong

Minimum Alcohol Pricing: Balancing the ‘Essentially Incomparable’ in Scotch Whisky

This note contrasts the approaches taken by the Court of Justice of the European Union and the UK Supreme Court in the high‐profile litigation which preceded the introduction of minimum alcohol pricing in Scotland. The notably differing viewpoints adopted by the domestic and Union courts both illustrate the elusiveness of the proportionality criterion, and expose tensions between domestic and supranational control in the context of internal market regulation.

Niamh Dunne

review article

Toward a New Jurisprudence?

In this major new book, Roger Cotterrell refines and considerably extends an approach to jurisprudence that he has been developing for decades, reorienting sociological jurisprudence towards the emergence of forms of transnational law. Focusing on the supporting discussions of the 'juristic point of view' and of 'legal values', this review examines four central questions: (1) the nature of jurisprudential inquiry; (2) the notion of law ‘as an idea’; (3) the book’s moral relativism; and (4) individualism and social solidarity.

Sean Coyle

book reviews

Review of Eloise Scotford, Environmental Principles and the Evolution of Environmental Law, Oxford: Hart Publishing, 2017, 320 pp, hb £60.00.

These are uncertain times for UK environmental law, and clear analytical insight provides a most welcome tonic. Eloise Scotford’s Environmental Principles and the Evolution of Environmental Law offers exactly that – a much-needed dose of incisive scholarship on an issue of suddenly intractable proportions: how environmental principles will live on in the post-Brexit era.

Elen Stokes

Review of Juan Pablo Scarfi, The Hidden History of International Law in the Americas: Empire and Legal Networks, Oxford: Oxford University Press, 2017, 280 pp, hb £64.00.

Juan Pablo Scarfi reveals how international law was used and adapted by US and Latin American intellectuals to cement legal networks and steer US power politics in the period between 1890 and 1943 in the Americas. His meticulous study is a much-welcomed complement to recent works on Latin American international law by and fits within a wider trend to relinquish a Eurocentric viewpoint in discussing the history of international law.

I Van Hulle

The Review

Published September 2018
Frequency Bi-Monthly
Volume 81
Issue 5
Print ISSN 0026-7961
Online ISSN 1468-2230

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