The Modern Law Review
- Publication date:
- Nbr. 81-3, May 2018
- Nbr. 81-2, March 2018
- Nbr. 81-1, January 2018
- Nbr. 80-6, November 2017
- Nbr. 80-5, September 2017
- Nbr. 80-4, July 2017
- Nbr. 80-3, May 2017
- Nbr. 80-2, March 2017
- Nbr. 80-1, January 2017
- Nbr. 79-6, November 2016
- Nbr. 79-5, September 2016
- Nbr. 79-4, July 2016
- Nbr. 79-3, May 2016
- Nbr. 79-2, March 2016
- Nbr. 79-1, January 2016
- Nbr. 78-6, November 2015
- Nbr. 78-5, September 2015
- Nbr. 78-4, July 2015
- Nbr. 78-3, May 2015
- Nbr. 78-2, March 2015
- Restoring Confidence: Replacing the Fixed‐term Parliaments Act 2011
This article considers both the Fixed‐term Parliaments Act 2011 (FTPA) and the political constitution, to place the former in its political and constitutional context. It begins by setting out the background to the FTPA – which was a part of a Coalition agreement – and considers difficulties with the most commonly‐made arguments in favour of fixed‐term parliaments. The second part of the article considers the impact and potential practical legal consequences if the FTPA is repealed without any replacement, arguing that it will only be possible to revive the ‘dissolution’ prerogative by express words in a new Act. The final part of the article addresses the question of whether the prerogative should be revived, before arguing both that it should not and that a statutory power to call an election should be conferred on the Prime Minister subject to a vote by simple majority in the House of Commons.
- Gregory Messenger, The Development of World Trade Organization Law: Examining Change in International Law, Oxford: Oxford University Press, 2016, 216 pp, hb £70.00.
- An Improved Protection for the (Mentally Ill) Trans Parent: A Queer Reading of AP, Garçon and Nicot v France
The European Court of Human Rights has been deciding cases concerning LGBT rights since the early 1980s. Its case law on trans rights has changed drastically over time, imposing upon the states of the Council of Europe certain minimum standards regarding the legal recognition of gender identity. In its recent judgment of April 2017 the Court laid down a new rule to be adopted by domestic legislation; namely, that the legal recognition of gender transition cannot be made conditional upon pursuing medical or surgical procedures which have (or are likely to have) sterilising effects. This article analyses the judgment from a critical perspective grounded in queer theory, noting both the positive and the negative elements of the Court's decision.
- Jonathan Ercanbrack, The Transformation of Islamic Law in Global Financial Markets, Cambridge: Cambridge University Press, 2015, 424 pp, hb £82.00
- Reproductive Health: Morals, Margins and Rights
Reproductive interventions and technologies have the capacity to generate profound societal unease and to provoke hostile reactions underpinned by various moral concerns. This paper shows that this position currently goes relatively unchecked by the European Court of Human Rights, which allows the margin of appreciation and consensus doctrines significantly to limit the scope of reproductive rights under the right to respect for private and family life under Article 8. This occurs both in relation to the interest in avoiding reproduction at stake in abortion, and that in achieving it at stake in medically assisted reproduction. The paper demonstrates significant flaws in the Court's framing and deployment of these doctrines in its reproductive jurisprudence. It argues that, as regards existing and upcoming reproductive interventions and technologies, the Court should attend to the concept of reproductive health, long recognised in international conventions and policy materials.
- Alan Norrie, Justice and the Slaughter Bench: Essays on Law's Broken Dialectic, Abingdon: Routledge, 2016, 222 pp, hb £110.00, pb £36.99.
- Dimitrios Kyritsis, Where Our Protection Lies: Separation of Powers and Constitutional Review, Oxford: Oxford University Press, 2017, 240 PP, hb £50.00.
- John M. Collins, Martial Law and English Laws, c 1500‐c 1700, Cambridge: Cambridge University Press, 2016, xiv + 319 pp, hb £64.99.
- The Common Law Constitution at Work: R (on the application of UNISON) v Lord Chancellor
This note considers the radical significance of Supreme Court's judgment in R (on the Application of UNISON) v Lord Chancellor (UNISON) on the unlawfulness of tribunal fees. It argues that the decision marks the coming of age of the ‘common law constitution at work’. The radical potential of UNISON lies in its generation of horizontal legal effects in disputes between private parties. Recent litigation on employment status in the ‘gig economy’ is analysed through the lens of UNISON and common law fundamental rights. The note identifies the various ways in which the common law tests of employment status might be ‘constitutionalised’ in the light of UNISON.
- Nicola Lupo and Cristina Fasone (eds), Interparliamentary Cooperation in the Composite European Constitution, Oxford: Hart Publishing, 2016, xvii + 366 pp, hb £59.99.
- A Case of Czech Beer: Competition and Competitiveness in the Transitional Economies
- A Director's Duty of Loyalty and the Relevance of the Company's Scope of Business: Cheng Wai Tao v Poon Ka Man Jason
The Hong Kong Court of Final Appeal has utilised a ‘scope of business’ inquiry to delineate the boundaries of the no‐conflict rule for the company director. Such an inquiry is directed at discerning the realistic ability of the company to exploit any particular business opportunity and a strict...
- A Lost Chance for Compensation in the Tort of Negligence by the House of Lords
- A Note on Fact and Law
- A Potential Framework For Privacy? A Reply To Hello!
In Douglas v Hello! Ltd (No 3), the Court of Appeal noted that one ramification of ‘shoehorning’ invasions of privacy into the cause of action of breach of confidence is that ‘it does not fall to be treated as a tort under English law’. In contrast, this article contends that English courts should...
- A Strange Sort of Survival for Pinnel's Case: Collier v P & M J Wright (Holdings) Limited
This note discusses the decision of the Court of Appeal in Collier v P & M J Wright (Holdings) Limited, and notes that while the Court purports to uphold both the decision in Pinnel's Case and the effect of Re Selectmove, in fact, by an extension of promissory estoppel, it bypasses them....
- A. v Secretary of State for the Home Department
- Accountability and Law in Europe: Towards a New Public Legal Order?
- ADMINISTRATIVE CONTROL OF JUDICIAL ACTION: THE AUTHORITY OF DUNCAN V. CAMMELL LAIRD
- After Government? On Representing Law Without the State
For the greater part of the 20th century, representations of law as state law were dominant in the legal scholarship of the West. But over the last thirty years sustained attempts have been made, notably under the self‐conscious banner of legal pluralism, to loosen the conceptual bonds between law...