Southampton Student Law Review

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Latest documents

• Acknowledgements
• Foreword
• Striking a Balance Between Paternalism and Autonomy in Healthcare Decision-Making

  One of the most important elements of healthcare practice is the act of choosing the desired medical treatment. However, it is disputed whether doctors should be granted freedom to decide treatment plans on behalf of patients, or if patients should be provided with information to decide on their own. This presents a clash between paternalism and autonomy. The courts within England and Wales, as well as the British Medical Association, explore this ethical dilemma and present guidelines pertaining to how these concepts interact in practice. This essay analyses paternalism and autonomy, and argues a balanced approach between the two is necessary to allow patients a degree of freedom in their decision-making, but also in allowing doctors ensure patients follow the best available treatment plan

• No-Property Rule in Light of The Haynes Case

  This article examines the development of the no-property rule for dead bodies and separated body parts in the light of the Haynes Case. The author will include case laws related to the no-property rule for dead bodies and separated body parts and compare them with the Haynes Case. This article also analyses the exceptions to the noproperty rule and the limitations of its application. Finally, it then presents recommendations moving forward, regarding the misinterpretation that created the no-property rule for dead bodies and separated body parts

• The Significance of The Ocean Victory Case in Maritime Insurance

  This case analysis looks at Gard Marine and Energy Ltd and Another v China National Chartering Company Ltd and Another. The judgment of the Supreme Court is critically analysed for its significance; both in the law of maritime insurance and the broader maritime industry. Three main issues were considered by the court and are each dealt with below. Firstly, the court considered whether a standard of absolute, or reasonable, safety should apply to Safe Port clauses. Secondly, Insurer's rights in subrogation were considered and lastly, the Supreme Court looked at the defences available to Charterers under the Convention on Limitation of Liability for Maritime Claims 1976

• How Should We Understand the Policing Tool Known as 'Stop and Search'?

  This paper seeks to address how the policing tool known as 'stop and search' should be understood. It does so through comprehensive analysis of the origins, the meaning and purpose, and the nature (in consideration of the statistical trends) of stop and search. Consideration of the future implications of stop and search based on this analysis is also discussed. The use of stop and search is incredibly controversial, and a deep-rooted source of complexity between the law and policing practise. This paper submits that the use of stop and search ought to be understood as damaging, particularly to BAME communities, causing distrust between the police and citizenry for starters. The realities of the use of stop and search are world apart from its theoretical value. However, such criticism is taken in consideration that politicians continue to 'hang on' to the good value stop and search brings, and therefore whilst (limited) reform is likely, its abolition is improbable

• An Exploration into The Different Interpretations of Judicial Independence Amongst The European Union and Its Impact on The Rule of Law: Is Judicial Independence Sufficiently Being Achieved in the UK Constitution?

  Judicial independence refers to the separation of powers between the judiciary, executive, and legislature. It is fundamental in any democratic society for upholding the rule of law because it ensures the judiciary can freely conduct their role of applying the law without bias or influence from the other branches of power. Despite the importance of judicial independence in a democratic society the interpretation of judicial independence and how it can be achieved is up for debate. This article will highlight the fundamental importance of judicial independence, with acknowledgment of it as a European standard, and explore the different routes taken to achieving judicial independence amongst European member states. The article will primarily focus on the UK's approach to judicial independence, however, there will also be consideration of both Poland and Germany's approach to achieving judicial independence

• Resource Allocation Decisions: Accountability for Healthcare Professionals
• A Critical Discussion of the Causes of Miscarriages of Justice in England and Wales within the Role of the Police and the Steps that Can Be Taken to Prevent These
• Reconsidering The Minimum Age of Criminal Responsibility to Eight Years Old

  This paper focuses on lowering the minimum age of criminal responsibility (MACR) to eight years in the United Kingdom. It comprehensively reviews historical, legal, developmental, international comparative, and socioeconomic perspectives. Furthermore, this paper examines influential cases, such as the James Bulger1 murder and critically evaluates the potential implications of such reform. It argues against lowering the MACR, mentioning issues with children's cognitive development, international human rights standards, the efficiency of alternate diverting programmes, and the amplification of social and economic inequalities. The paper concludes that decreasing MACR would be regressive and ineffectual in addressing juvenile delinquency's root causes and damaging to children's rights and rehabilitation prospects. Instead, it advocates for alignment with international age standards and investment in alternative interventions to support young offenders

Featured documents

• Keeping the Lights On: Businesses, Human Rights and Access to Electricity

  The article explores the extent to which a right to electricity access may be found under international human rights law and critically evaluates the related duties of businesses regarding electricity access, under international investment law. The article also examines the relationship between the ...

• Acknowledgements
• The elusive cause and the extensive effect of the principle of supremacy of EU Law

  This paper explores the emergence and impact of the principle of supremacy of European Union (EU) law. The first part focuses on its origins. It suggests that the historic-political context in which supremacy emerged seemingly supports the contention that the principle resulted from judicial...

• Law Reform Proposal: Personalized Declaration of Death

  As medical sophistication has progressed, a growing portion of the population has, perhaps ironically, begun to question whether they would wish to be subject to some techniques of preserving life and whether they still believe that death is the worst-case scenario. However, securing a death that...

• Foreword
• The Regulation of Dermal Fillers in English Law

  This paper is an investigation of the inadequacy of the current lack of legal framework which regulates dermal fillers in English law. It covers issues relating to the supply of dermal fillers, in addition to the social factors which control their demand. This paper examines the current gap in...

• The Regulation of Non-Surgical Cosmetic Procedures

  The growth of non-surgical cosmetic procedures has brought with it concerns over the regulation of the industry. Procedures such as dermal fillers and botox injections are becoming increasingly popular. Yet despite the risks involved in these procedures, such as infection and scarring, there is a...

• Somali Pirates and International Law: Domestic Interests Preventing a Permanent Solution? A Critical Examination of the International Legal Framework and Response to Somali Piracy
• Are the Genetic Resources in Areas Beyond National Jurisdictions Subject to the 'Genetic Heritage of Mankind' Principle?

  It is uncertain whether the genetic resources in areas beyond national jurisdiction are subject to the common heritage of mankind (CHM) or freedom of the high seas principle. This uncertainty is intensified, as the regime governing the Area is itself fragmented, leading to considerable tensions...

• Insurable Interest Bill 2018: A Critical Analysis

  In 2016, a consultation exercise was conducted by the Law Commission of England and Wales with the aim of ‘improving an antiquated and restrictive insurance law.’ Resultantly, in 2018, the Law Commission published a draft Bill, with regards to the reform of insurable interest in life and life-relate...