The Modern Law Review
- Publisher:
- Wiley
- Publication date:
- 2021-02-01
- ISBN:
- 0026-7961
Issue Number
- No. 83-6, November 2020
- No. 83-5, September 2020
- No. 83-4, July 2020
- No. 83-3, May 2020
- No. 83-2, March 2020
- No. 83-1, January 2020
- No. 82-6, November 2019
- No. 82-5, September 2019
- No. 82-4, July 2019
- No. 82-3, May 2019
- No. 82-2, March 2019
- No. 82-1, January 2019
- No. 81-6, November 2018
- No. 81-5, September 2018
- No. 81-4, July 2018
- No. 81-3, May 2018
- No. 81-2, March 2018
- No. 81-1, January 2018
- No. 80-6, November 2017
- No. 80-5, September 2017
Latest documents
- The Politics of Rule of Law Reform: From Delegation to Autonomy
How can we understand the delegation of power and authority – for example, from a polity to an administrator ‐ in a world of fragmented governance? In this paper, I introduce the practices of contemporary ‘rule of law’ and ‘governance’ reform, which reframe this question in politically powerful ways. These practices are increasingly important in development contexts, and beyond. Practitioners begin with the assumption that some sort of administration occurs in the development contexts in which they work. They then focus on how to convene a political community in which to embed – and potentially legitimate ‐ that administration. They thereby reconfigure the question of delegation into one of autonomy – or managing the extent to and ways in which the administrative legal system self‐produces. In doing so, I argue that contemporary rule of law practitioners wield constitutional power under the rubric of workaday administrative reform. At the same time, they efface their political accountability.
- John Frow, On Interpretive Conflict, Chicago: University of Chicago Press, 2019, 223 pp, pb £19.50.
- THE MODERN LAW REVIEW VOLUME 83 INDEX
- Stephen Waddams, Sanctity of Contracts in a Secular Age: Equity, Fairness and Enrichment, Cambridge: Cambridge University Press, 2019, 235 pp, hb £85.00.
- Michelle Lyon Drumbl, Tax Credits for the Working Poor: A Call for Reform, Cambridge: Cambridge University Press, 2019, 232 pp, pb £26.99.
- 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 public policy grounds, as such treatment was, on the facts, in her best interests, no further interference with her rights was justified. In making this finding, the court recognised the ‘stress’ that such a case placed on the best interests test, lending weight to the argument for moving instead to a risk of significant harm threshold for judicial intervention in parental decisions, which better accounts for legitimate differences of value and strikes a better balance under Article 8 ECHR.
- Mistakes in Algorithmic Trading of Cryptocurrencies
How should the doctrine of unilateral mistake apply when a programming error results in a buyer's algorithmic trading programme accepting an offer generated by the seller's trading programme to exchange cryptocurrencies at 250 times the current market rate? How should the knowledge element be adapted given that algorithmic trading necessarily means that the traders’ minds were not engaged at the moment the contract was formed? These novel issues came before the Singapore Court of Appeal in Quoine Pte Ltd v B2C2 Ltd. The decision further cautions customers of cryptocurrency exchanges not to assume that they have property rights in the cryptocurrencies held by the exchange and to examine carefully the nature of asset holding arrangement found in the documentation.
- Jonathan Sumption, Trials of the State: Law and the Decline of Politics, London: Profile Books, 2019, 112 pp, hb £9.99.
- Mavis Maclean and Bregie Dijksterhuis (eds), Digital Family Justice: From Alternative Dispute Resolution to Online Dispute Resolution? Oxford: Hart, 2019, 244 pp, hb £55.00.
- Northern Ireland Dimensions to the First Decade of the United Kingdom Supreme Court
This article focuses on the relationship between the United Kingdom Supreme Court and Northern Ireland over the course of a constitutionally significant period of time, namely the first decade of the Court's existence. It does this by exploring what difference the Court has made to the law of Northern Ireland, what significance the cases from Northern Ireland have had for the law in other parts of the United Kingdom, and what part has been played in the Court's work by the sole Justice from Northern Ireland, Lord Kerr of Tonaghmore, and by the Attorney General for Northern Ireland, John Larkin QC. It concludes that the Court has established itself as an indispensable component of the legal system of Northern Ireland.
Featured documents
- The United Nations Convention on the Rights of Persons with Disabilities and Mental Health Law
The United Nations Convention on the Rights of Persons with Disabilities (CRPD) took effect in 2008. This paper discusses a number of flashpoints where the CRPD will require real and significant reconsideration of English mental health and mental capacity law. The CRPD introduces a new paradigm...
- Legal Consciousness: Some Observations
This article argues that US studies of ‘legal consciousness’ have much to offer UK socio‐legal studies. It is, perhaps, surprising that so little attention has been paid to this set of understandings. I seek to rectify that imbalance in the transatlantic relationship by outlining legal...
- The House that Dr Beever Built: Corrective Justice, Principle and the Law of Negligence
- Anthony J. Langlois, The Politics of Justice and Human Rights: Southeast Asia and Universalist Theory
Cambridge: Cambridge University Press, 2001, ix + 214 pp, hb £45.00, pb £15.95....
- The Corporate Manslaughter and Corporate Homicide Act 2007 – Thirteen years in the making but was it worth the wait?
Despite a gestation period extending over thirteen years, the Corporate Manslaughter and Corporate Homicide Act 2007 is a disappointment. It is limited in its scope, restricted in its range of potential defendants and regressive to the extent that, like the discredited identification doctrine...
- The International Development (Official Development Assistance Target) Act 2015: Legislative Spending Targets, Poverty Alleviation and Aid Scrutiny
With the enactment of the International Development (Official Development Assistance Target) Act 2015, the United Kingdom has enshrined an aid target in law. It is now under a legal duty to spend 0.7% of Gross National Income (GNI) each year on aid. This article assesses the implications of...
- Lorraine Talbot, Progressive Corporate Governance for the 21st Century, Oxford: Routledge, 2013, 250 pp, hb £90.00.
- Corporations as Moral Agents: Trade‐Offs in Criminal Liability and Human Rights for Corporations
This article argues that a common way of defending corporate criminal liability creates a dilemma: it provides a strong justification for giving human rights to corporations. This result follows from approaches to punishment and human rights which predicate each on the status of moral agency. In...
- Legal Pluralism in Malawi: Historical Development 1858–1970 and Emerging Issues by Franz von Benda‐Beckmann
- Incapacity, the Labour Market and Social Security: Coercion into ‘Positive’ Citizenship
The article examines the likely evolution of the social security system in the United Kingdom in the aftermath of the Welfare Reform Act 2007. This recent legislation is paradigmatic of the new ideology and modes of thought which currently form the foundation of the modern welfare state, an...