Jason N E Varuhas
Jason N E Varuhas
The new law of contractual discretion is developing apace. This article addresses three major issues in this dynamic field. First, the article propounds an analytical framework for understanding the nature and practice of reasonableness rev...
Piercing the Parliamentary Veil against Judicial Review: The Case against Parliamentary Privilege [0.03%]
刺穿议会的面纱以反对司法审查:论议会特权的不合理性
Edward Lui
Edward Lui
For centuries, parliamentary privilege has stood as a bar against judicial review over the internal affairs of Parliament. The literature surrounding parliamentary privilege has mostly been about the scope of the privilege; few have discuss...
Alex Schwartz
Alex Schwartz
There have been several important formal changes to the United Kingdom's constitution over the past few decades, including devolution to Northern Ireland, Scotland, and Wales; the incorporation of the European Convention on Human Rights in ...
The Normativity of Law: Has the Dispositional Model Solved our Problem? [0.03%]
法律的规范性:倾向模型解决了我们的问题吗?
Andreas Vassiliou
Andreas Vassiliou
In Legal Directives and Practical Reasons, Noam Gur has presented a novel account, called the dispositional model, to explain how law bears on our normative practical reasons. Gur holds that his model is superior to the current models, name...
Konatsu Nishigai
Konatsu Nishigai
The aims of this article are twofold: (i) to propose an explanatory framework, focusing on law-making acts, for accounting for whether the formal requirements of the rule of law are fulfilled; and (ii) to propose two further models within t...
Ad Hominem Criminalisation and the Rule of Law: The Egalitarian Case against Knife Crime Prevention Orders [0.03%]
人身犯罪与法治:反对刀具犯罪预防令的平等主义案例分析
Alex Green,Jennifer Hendry
Alex Green
This article advances a novel account of ad hominem criminalisation that draws upon a distinct theory of the Rule of Law and its egalitarian foundations. Employing the recent and controversial example of Knife Crime Prevention Orders, as es...
Beyond the Present-Fault Paradigm: Expanding Mens rea Definitions in the General Part [0.03%]
超越现时犯范式——刑法总则中故意定义的扩张
J J Child,Adrian Hunt
J J Child
This article explores the use of mens rea terms in the criminal general part. We contend the current law fails properly to conceptualise mens rea for a large category of offences, namely bespoke/substantive inchoate offences, attempt, consp...
Taking Identity Seriously: On the Politics of the Individuation of Legal Systems [0.03%]
认真对待身份:论法律体系个体化的政治学
Cormac Mac Amhlaigh
Cormac Mac Amhlaigh
This article examines the question of the identity of legal systems of non-monistic accounts of law. It critically analyses approaches to individuation based on validity, the nature of individual norms and the purposes for which they are ap...
Rebecca Williams
Rebecca Williams
The increasing prevalence of algorithmic decision making (ADM) by public authorities raises a number of challenges for administrative law in the form of technical decisions about the necessary metrics for evaluating such systems, their opac...
Andrew Higgins
Andrew Higgins
The injustices wrought by unequal access to the legal system pose a direct threat to the rule of law, yet such injustices are widespread in England and elsewhere. Lawyers regularly criticise governments for a lack of funding for the legal s...