scholarly journals With or Without EU? The Common Travel Area After Brexit

2020 ◽  
Vol 21 (5) ◽  
pp. 815-837
Author(s):  
Sylvia de Mars ◽  
C. R. G. Murray

AbstractThe Memorandum of Understanding (MoU) concluded between the UK and Ireland in May 2019 provides one of the few clear legacies of Theresa May’s premiership. The Common Travel Area (CTA) between Ireland, the UK, the Channel Islands, and the Isle of Man provides the basis for domestic immigration and nationality laws which permit Irish citizens to reside in the UK and for them to be treated as “not foreign” in the context of UK domestic laws concerning access to healthcare, employment, social security, political participation, and education. Yet it has long lacked legal definition. The UK and Ireland reciprocate, to a rough extent, these rights for each other’s citizens. The MoU and related developments mark the first steps towards clarifying the CTA’s scope. The rush to conclude this MoU and alter parts of both countries’ domestic law relating to the CTA nonetheless illustrate the fragile state of Ireland–UK relations with Brexit looming. This Article explores whether these reforms will enable people who rely upon the CTA as a foundation of life outside their home country to protect their interests through litigation, and reflects upon the relationship between these arrangements and the protections for EU citizens proposed under the UK–EU Withdrawal Agreement.

did not intend to legislate contrary to the ECHR. Therefore, if during the course of statutory interpretation there were two possible interpretations, one in conformity with the Convention and one not in conformity with the Convention, the interpretation in conformity with the Convention should be preferred. The House of Lords, however, was careful to stress that it should not be assumed that such an interpretation must be applied. Judicial discretion remained. 5.4.3.2 Human Rights Act 1998 The relationship between the UK and the ECHR was changed in 1998 with the incorporation of the majority of the rights in the ECHR into English law. The enforcement procedures and processes in the Convention were not incorporatedonly the majority of rights and this is potentially a problem. For example, Article 13 of the ECHR places a duty on every Member State to provide an effective remedy in national courts for infringement of the Convention. This has not been incorporated. The HRA 1998 was enacted with an ‘in force’ date for the majority of its sections of October 2000. UK citizens can now bring actions under the ECHR in English courts under domestic law. The Act sets out the Convention rights incorporated into the English legal system in Schedule 1. Consider the text of s 1, set out in Figure 5.8, below, and note the process used to lay out what is and what is not included in the Act. The long title of the Act gives an indication of the purpose of the Act. The two rights not referred to relate to Article 2: Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law… and to Article 13 which requires every State to ensure that there are appropriate and effective remedies in the national courts. At the level of the ECtHR, the procedure for bringing an action is generally as follows.

2012 ◽  
pp. 137-137

On Universals ◽  
2020 ◽  
pp. 96-120
Author(s):  
Étienne Balibar

This chapter assesses the new “quarrel of universals” that now occupies philosophy and other overlapping disciplines. In this new quarrel, the question today is not only whether one is for or against the universal; the question is also how one defines the universal—a term whose surprising equivocity has become increasingly clear. Still more fundamentally, the question is how one should articulate the relationship between three related but heterogeneous terms whose widespread use has prompted conflicting claims: the universal, universality, and universalisms. The chapter begins by situating the question of the universal and its variations within the field that seems to constitute the strategic site of intersecting domains: philosophical anthropology, understood as the analysis of the historical differences of the human and of the problem that those differences pose to their bearers. It then outlines the difficulties which can be identified in every philosophical and political usage of the universal and its “doubles” according to three aporias. The first is the aporia of the multiplicity of the “world,” or of the universe as multiversum; the second is that of Allgemeinheit or All(en)gemeinheit, in other words, the irreducible gap between the universal and the common (or community); and, finally, that of co-citizenship, the form of belonging to a political unity to come, a unity whose law of belonging (membership) would be the heterogeneity within equality or the political participation of those foreign to the community.


Author(s):  
V. Escott-Price

Is this paper we present a summary of our association analyses of schizophrenia polygenic risk score with a number of phenotypes in a large cohort of people from the UK population (N=442,192). We show that individuals with higher genetic loading to schizophrenia who have not been diagnosed with neurodevelopmental disorders are likely to have some cognitive deficits. Although these deficits may be subtle, they can result in significant effects on educational attainment and professional occupation. We also show that the relationship between schizophrenia liability and fecundity is consistent with sexual selection, with liability in unaffected people being associated with a net increase in fecundity, thereby supporting the persistence of schizophrenia risk alleles.


2018 ◽  
Vol 9 (2) ◽  
pp. 170-191
Author(s):  
Bjarte Askeland

Abstract The article presents an overview of Norwegian law with regard to damages caused by means of mass transportation by buses, railways and airplanes. The author explains why and how in Norway, as elsewhere in Scandinavia, there is strict liability for damages caused by means of mass transportation. Also the assessment of damages in the mentioned categories is discussed. For personal injuries there are no caps for trains or buses, partly because a greater part of the loss of income is covered by social security benefits, something which is typical of the ‘Nordic model’. Along the same lines, the rules on contributory negligence favour the victim somewhat more than in other parts of Europe, with regard to accidents caused by both buses and trains. Hence the law is all in all rather friendly to the victim. As for damage caused by air traffic, there are tensions between the ‘victim-friendly’ attitude and the relevant EU regulations which make the Montreal Convention applicable to Scandinavian law. These tensions are discussed towards the end of the article. Thus the article highlights and illustrates how the Scandinavian legal culture with the ‘Nordic Model’ as its special hallmark endorses solutions that somewhat contradict the common solutions in continental Europe and in the UK.


2020 ◽  
Vol 36 (6) ◽  
pp. 168
Author(s):  
Chu Thanh Van

Throughout the UK’s integration into the EU (1973-2016), referendums were considered and used as an effective political tool for the Government to negotiate with the common people on important issues. During the period of 43 years, the Government called for their practices 12 times with an uneven frequency between the UK’s leaders, namely the UK’s Prime Ministers. One important notice is that among the 12 referendums, only two have direct links to the relationship between the UK and the EU. This article looks into the use of referendums in the UK in general and the two that are directly related to the EU in particular in the period of 1973-2016. Its conclusion and findings are expected to help outline the usage of this political tool in the contemporary and futuristic climax of the country.


2021 ◽  
pp. 295-306
Author(s):  
Mads Andenas

This chapter compares European Union countries to the United Kingdom. It aims at ascertaining not so much whether a common core exists but how it is shaped and evolves, also in response to influences by supranational legal orders. EU countries do not adhere to one model. Administrative law is subject to rapid development, and even countries that share many structures and general features do not develop at the same speed or in the same direction. In the UK, there is no specialized administrative court jurisdiction. There is one general court system that deals with civil, criminal, and administrative cases; but there are many administrative tribunals and appeals tribunals. Nearly all the EU countries have a specialised administrative court system, and the majority has a constitutional court. The chapter considers the perceived divide between civil law countries and the common law in the UK, in the light of the relationship between national law and EU and European Convention on Human Rights (ECHR) law. It also looks at the four main features of the legal systems selected for comparison: the constitutional relevance of judicial review; the limitations of judicial review; procedural errors or omissions; and annulment and damages.


Author(s):  
Thomas Caygill ◽  
Anne-Marie Griffiths

This chapter examines how the UK Parliament has used the e-petitions system to address some of the common criticisms about the relationship between the institution of government and the public. In May 2014, the House of Commons agreed to establish a ‘collaborative’ e-petitions system which would enable the public to petition the House of Commons and to call for action from the government. A Petitions Committee was created on 20 July 2015, and the new e-petitions site was launched the following day. The chapter first provides an overview of the changing nature of participation with Parliament, especially voting in elections, before discussing contemporary developments in petitioning Parliament. In particular, it considers public (paper) petitions and compares it to the e-petitions system. It also analyses the impact of e-petitions on Parliament and public participation and concludes with an assessment of challenges facing the e-petitions system.


2020 ◽  
Vol 1 (1) ◽  
pp. 21-30
Author(s):  
Uttam Lal Joshi

There is more charm on foreign employment since decades. Due to lack of employment opportunities in public and private sectors, Nepali people are motivated to go foreign countries for job opportunities. Handsome salaries, respected life, relief from poverty and fulfillment of needs – these are the common motivators that lead people for foreign employment. This can be right in one aspect but there are a lot of evidences and scenarios that show foreign employment is not so easier and fruitful as it is thought. Foreign employees have to face many more difficulties and obstacles in foreign countries that one will explain after his return to home country. So the income from their hard labor must be utilized in proper sectors. Various data in this study show the foreign employment is not so safe. Here, the time series data from 2002/03 to 2019 are taken for the study of the relationship between remittance and investment. The regression analysis with P-value 0.000 at 5% significant level (α= 0.05) which shows that the remittance from foreign employment has been used in investment anyway. It will help to find the productivity, relevance and proper use of the income from foreign employment.


2020 ◽  
Vol 5 ◽  
Author(s):  
Jon Warren

This paper reflects upon issues of class and identity in the UK over the last 50 years. 1969 is a useful starting point, economically and technologically it can be regarded as the high tide of the vision of a Britain remade in what the then Prime Minister Harold Wilson had termed “the white heat of technology.” That technology had produced Concord the world's first supersonic airliner which made its debut that year. This successful Anglo French collaboration also showed how Britain was rapidly moving into a different relationship with Europe a process that culminated in the UK's entry into the EEC or the “common market” as it was more usually referred to on January 1st 1973. Sociologically, it marked the publication of Goldthorpe et al. Affluent worker studies, which examined the idea that increasing affluence was breaking down established class structures, roles and attitudes. This debate about whether the changing nature of work brought with it a fundamental change in class structure and identity has been going on ever since. It has subtly changed and this is to be expected, 50 years is a long time. However, it is generally accepted that the change to economic and social policy that had followed the second world, social mobility was increasingly evident by the late sixties and continued into the seventies. Over the years issues of not only social class but de-industrialization, social mobility, regional decline, globalization, and its impact on policy have been added to the mix. Furthermore, “Brexit” is part of this debate and partly a product of it, however this paper doesn't have the space required to examine this. The title of this paper relates to Dick Clement and Ian La Frenais sitcom “Whatever happened to the Likely Lads” (WHTTLL) which was first broadcast by the BBC in 1973. It focusses on the relationship between 2 young men in their late 20's Bob and Terry. They come from the same place, have similar backgrounds and have been friends since childhood. But their lives are now at a crossroads. Whilst Bob is attempting to grasp new opportunities, Terry is skeptical and to some degree baffled by the change going on around him. The future of class in an era of social mobility also raised questions about aspiration and identity. These are questions which are now less prominent within discourse on class. The debate around class today is arguably less concerned with the mainstream and has become focussed on extremes looking at either poverty, criminality, dispossession or sometimes the lifestyles of a superrich elite. In summary then this paper will look at the changing ideas, and narratives that have surrounded social class and social mobility over the past half century within the context of the UK, it will do that by reflecting on my own personal biography and the themes raised in “Whatever happened to the Likely Lads” (WHTTLL).


2021 ◽  
Vol 8 (1) ◽  
Author(s):  
Pilar Maria Guerrieri

AbstractPalladianism, which originated in Italy, is a style of architecture which spread widely across the world and has been extensively studied. It is known that it migrated to the UK during the eighteenth century at the same time as it did to Germany through Georg Knobelsdorff, to Russia through the work of Charles Cameron and Giacomo Quarenghi, to the US through Thomas Jefferson between the eighteenth and nineteenth centuries, and was adopted in Poland, Sweden, and elsewhere. Palladianism became a tool of politicians and a status symbol for the elites to differentiate themselves from the common man. There are a few studies on the migration and adoption of Palladianism in India, primarily in relation to Calcutta’s architecture between the eighteenth and nineteenth centuries. In particular, there is specific research focusing on Lord Wellesley’s Palladian building programme, frequently highlighting the relationship between Government House, Calcutta and Kedleston Hall in Derbyshire. This essay focuses on the subject of the migration of Palladian architecture and, in particular, on its adoption by the capitals of India, Calcutta and Delhi, on the basis of primary archival material.


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