Constitutional Law (Books and Journals)
- The Modern Law Review From Nbr. 1-1, June 1937 to Nbr. 83-6, November 2020 Wiley, 2021
- Bringing Justice Home. The Road to Final Appellate and Regional Court Establishment by: Commonwealth Secretariat, 2008
A reflection on 30 years of complementary collaboration
This article, invited by the editors, provides us with an opportunity to reflect on a scholarly collaboration of more than 30 years. Looking backwards, we believe our success has come in part from the different backgrounds that we bring to our collaboration. It also comes from the fact that neither of us at the time we met was comfortable with the scholarly models that we were intellectually...
Communities of scholars and communities of practice
This article is a contribution to the occasional series dealing with a major book that has influenced the author. Previous contributors include Stewart Macaulay, John Griffith, William Twining, Carol Harlow, Geoffrey Bindman, Harry Arthurs, André‐Jean Arnaud, Alan Hunt, Michael Adler, Lawrence O. Gostin, John P. Heinz, Roger Brownsword, Roger Cotterrell, Nicola Lacey, Carol J. Greenhouse, David...
- Table of Contents
Mavericks or misconstruction? A reply to Campbell and Allan
In a jurisdiction without a codified constitution clearly demarcating the role of the courts, and given the centrality of the principle of parliamentary sovereignty to the United Kingdom's constitutional framework, criticism of the courts for overstepping the mark – particularly in politically contentious cases – is par for the course. In their 2019 article, Professors David Campbell and James...
Governing canal life
This article focuses on the governance of canals in England and Wales. The Canal & River Trust (CRT), the owner and manager of the waterways, has a statutory responsibility to grant ‘certificates’ or licences. The licence constructs a category called ‘continuous cruisers’ who live aboard their boat. Drawing on a sample of interviews with ‘continuous cruiser liveaboards’ (CCLs), we discuss how
Supremacy and hegemony: a reply to Palmer and Martin
In a 2019 article in this journal, which drew on previous work, we argued by examination of a number of extremely important cases that the senior judiciary is in the process of attempting to create judicial supremacy in the UK. It is doing so, not by democratic debate, but by legal procedural innovation incomprehensible to the electorate. Invited by the journal to reply to a criticism of our...
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Unsecured lending and the indigenous economy in Australia and South Africa
Consumer credit is closely regulated in both Australia and South Africa. Nevertheless, unsecured lending often results in financial hardship in low‐income communities. One aspect of this picture is the impact of the consumer debt burden on the Indigenous economy, which is disproportionately affected by poverty in both countries. Here we juxtapose the comparative regulatory regimes and then...
- Accountability and Review in the Counter‐Terrorist State. By Jessie Blackbourn, Fiona De Londras,Lydia MorganBristol: Bristol University Press, 2020, 192 pp., £27.99
Capabilities, capacity, and consent: sexual intimacy in the Court of Protection
This article uses original data from research at the Court of Protection to explore capacity to consent to sex in practice. It argues that the approach under the Mental Capacity Act 2005 fails to place appropriate focus on consent as central to understanding sexual capacity. The capabilities approach to justice is then used to demonstrate the limitations of the existing legal approach to capacity
- Sentencing: A Social Process. By Cyrus Tata, Cham: Palgrave Pivot, 2020, 190 pp., £44.99
- Female Imprisonment: An Ethnography of Everyday Life in Confinement C. Frois. Cham, Switzerland: Palgrave Macmillan (2017) 231pp. £109.99hb ISBN 978‐3‐319‐63684‐9
- Solitary Confinement: Effects, Practices, and Pathways Toward Reform J. Lobel and P. Scharff Smith. Oxford: Oxford University Press (2020) 377pp. £75.00hb ISBN 978019094792I
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Canada's ‘Open Prisons’: Hybridisation and the Role of Halfway Houses in Penal Scholarship and Practice
This article analyses the role, form, and function of halfway houses (often referred to as re‐entry centres) in contemporary Canadian punishment. Building on studies of Nordic ‘penal exceptionalism’ and open prisons, I argue that criminologists can usefully study and conceive of halfway houses as a form of open prison. Thinking of halfway houses as open prisons (rather than re‐entry centres or...
- Embodying Punishment: Emotions, Identities, and Lived Experiences in Women's Prisons A. Chamberlen. Oxford: Oxford University Press (2018) 288pp. £70.00hb ISBN 9780198749240
French Prisoners Cast their Vote in the 2019 European Elections: An ad hoc Analysis of their Electoral Choices and Political Attitudes
France belongs to a group of jurisdictions where the vast majority of prisoners retain their right to vote, but where it remained difficult to exercise this right until a March 2019 Act unexpectedly allowed them to vote via a booth and ballot box for the EU parliamentary elections. This article analyses their participation and political choices at a national level. It further presents the result...
Unpacking Harm: Correctional Officer Framing of Sex Offenders and Protective Custody
The experiences of persons convicted or charged with sex‐related offences are informed by trends in how the sex offender population in society is defined and understood. I draw on data from in‐depth semi‐structured interviews with 100 Canadian provincial correctional officers to explore the harms tied to the framing of sex offenders in prison, including those embedded in institutional structures.
- Citizenship, Crime and Community in the European Union S. Coutts. Oxford: Hart (2019) 264pp. £70.00hb ISBN 9781509915361
Using A Culturally Safe Creative Writing Programme to Empower and Heal Aboriginal and Torres Strait Islander Men in Prison
Interviews with 30 Aboriginal and Torres Strait Islander male prisoners who attended a culturally safe creative writing programme entitled ‘Dreaming Inside: Voices from the Junee Correctional Centre’, are used to explore how (re)connecting to culture can help improve social and emotional well‐being, and how the power of being heard and being able to express feelings and thoughts through poetry...
Authenticity, Coherence, and Power Shifts: A Framework for Assessing Community Engagement Across the Criminal Justice System
Criminal justice agencies increasingly use community engagement practices in efforts to improve public safety and garner legitimacy. While crime rates can be measured, improved legitimacy is harder to gauge. This article provides a framework to assess the influence of community engagement practices in the criminal justice system on legitimacy in three areas: authenticity, coherence in structure,...
Organisational Justice and Police Job Involvement in Haryana, India
High job involvement has been shown to result in many favourable outcomes, including higher job satisfaction, increased work performance, and improved life satisfaction. Organisational justice, which includes the concepts of distributive and procedural justice, refers to the perception that the employing organisation treats employees in a fair and just manner. This study used survey data from 827
The Arts, Rehabilitation or Both? Experiences of Mentoring Artists in Prison and Beyond
Mentoring within the criminal justice system plays an important role in rehabilitative and desistance processes. The experiences of arts‐based mentors are scarcely documented. This study discloses the narratives of eleven trained arts mentors who support ex‐offenders in continuing their artistic engagement. Findings show a number of benefits and challenges for those who mentor ex‐offenders, and...
- Violence & Society, 2nd edn L. Ray. London: Sage (2018) 320pp. £79.00hb, £27.99pb ISBN 9781473907911, 9781473907904
- Young Men's Experiences of Long‐Term Imprisonment: Living Life R.R. Tynan. Abingdon: Routledge (2019) 186pp. £120.00hb, £36.99pb ISBN 9781315208299
Labour Constitutions and Occupational Communities: Social Norms and Legal Norms at Work
This paper considers the interaction of legal norms and social norms in the regulation of work and working relations, observing that, with the contraction of collective bargaining, this is a matter that no longer attracts the attention that it deserves. Drawing upon two concepts from sociology – Max Weber's ‘labour constitution’ and Seymour Martin Lipset's ‘occupational community’ – it focuses on
Private Law and Housing Justice in Europe
This article explores the different meanings of the right to housing in Europe in public and private relations with housing providers. In light of the fundamental right to housing's meaning in the case law of the European Court of Human Rights and the Court of Justice of the European Union, we offer a new reading of the CJEU judgments that have hitherto been heralded as extending the social...
Re‐Evaluating ‘Best Interests’ in the Wake of Raqeeb v Barts NHS Foundation Trust & Anors
In Raqeeb v Barts NHS Foundation Trust, the latest of a number of cases concerning whether a child can travel abroad for treatment that doctors in the UK do not consider to be in their best interests, the High Court held that the hospital had acted unlawfully by failing to consider the child's rights under EU law when refusing to allow her to travel. Although this derogation could be justified on