scholarly journals Justice and Security in the United Kingdom

2014 ◽  
Vol 47 (3) ◽  
pp. 305-329 ◽  
Author(s):  
Adam Tomkins
Keyword(s):  
United Kingdom ◽  
National Security ◽  
Public Interest ◽  
Common Law ◽  
Civil Litigation ◽  
The United Kingdom ◽  
Security Service ◽  
The Common ◽  
The Uk ◽  
Special Advocates

This article outlines the ways in which the United Kingdom manages civil litigation concerning sensitive national security material. These are: (i) the common law of public interest immunity; (ii) the use of a closed material procedure and special advocates; and (iii) the secret hearings of the Investigatory Powers Tribunal. With these existing alternatives in mind the article analyses the background to, the reasons for, and the controversies associated with the Justice and Security Act 2013, enacted in the wake of the UK Supreme Court's 2011 ruling in Al Rawi v Security Service.

The Legal Protection of Believers and Beliefs in the United Kingdom

2007 ◽  
Vol 9 (1) ◽  
pp. 66-86 ◽  
Author(s):  
Javier García Oliva
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Common Law ◽  
Legal Protection ◽  
The United Kingdom ◽  
European Court ◽  
The Common ◽  
The Uk ◽  
Legal Mechanism ◽  
Degree Of Overlap

The enactment of the Racial and Religious Hatred Act 2006 is the most recent legal mechanism developed to protect believers, beliefs and religious feelings in the United Kingdom. Despite the recognition of a certain degree of overlap between the different categories, this article proposes a broad distinction between legal devices which protect believers and those which safeguard beliefs and religious feelings. The common law offence of blasphemy is analysed, taking into consideration the response of both the UK courts and the European Court of Human Rights. The endorsement of the English law of blasphemy by Strasbourg is particularly relevant. Furthermore, this paper focuses on different instruments that, throughout the last few decades, have been articulated to protect the faithful, such as the crimes of religiously aggravated offences and the offence of incitement to religious hatred.

Forum Non Conveniens: Now We Are Much More Than Ten

2021 ◽  
pp. 31-52
Author(s):  
Martin Davies
Keyword(s):  
United States ◽  
United Kingdom ◽  
Public Interest ◽  
Common Law ◽  
Private Interests ◽  
The United Kingdom ◽  
Technological Developments ◽  
Forum Non Conveniens ◽  
The Common

This essay addresses the development of the forum conveniens doctrine across the common law world, in particular in the United Kingdom, United States and Australia, and examines in particular the role played by public interest factors in light of technological developments marginalising the significance of the parties’ private interests.

scholarly journals PASSPORTS, THE RIGHT TO TRAVEL, AND NATIONAL SECURITY IN THE COMMONWEALTH

2020 ◽  
Vol 69 (2) ◽  
pp. 365-395
Author(s):  
Paul F. Scott
Keyword(s):  
United Kingdom ◽  
New Zealand ◽  
National Security ◽  
Common Law ◽  
The United Kingdom ◽  
The Common ◽  
The Law ◽  
The Right ◽  
Statutory Basis

AbstractThis article, on the basis of a consideration of the development of the law relating to the use of passports as a tool of national security in the United Kingdom, Canada, Australia and New Zealand, challenges the common law conception of passports, arguing that passports effectively confer rights and so, consequentially, that the refusal or withdrawal of a passport represents a denial of rights. From this conclusion a number of points flow. Though these consequences are most acute for the United Kingdom and Canada, in which passports remain regulated by, and are issued under, prerogative powers, there are also a number of points of significance for Australia and New Zealand, where passports have a statutory basis.

The Implementation of Constitutional Reform in the United Kingdom: Principles and Problems

1995 ◽  
Vol 29 (4) ◽  
pp. 551-564
Author(s):  
Dawn Oliver
Keyword(s):  
United Kingdom ◽  
Judicial Review ◽  
Common Law ◽  
Public Law ◽  
Constitutional Reform ◽  
Academic Literature ◽  
The United Kingdom ◽  
The Common ◽  
Executive Agencies ◽  
The Relationship

First, I want to express my gratitude and sense of honour in being invited to deliver the Lionel Cohen lecture for 1995. The relationship between the Israeli and the British legal systems is a close and mutually beneficial one, and we in Britain in particular owe large debts to the legal community in Israel. This is especially the case in my field, public law, where distinguished academics have enriched our academic literature, notably Justice Zamir, whose work on the declaratory judgment has been so influential. Israeli courts, too, have made major contributions to the development of the common law generally and judicial review very notably.In this lecture I want to discuss the process of constitutional reform in the United Kingdom, and to explore some of the difficulties that lie in the way of reform. Some quite radical reforms to our system of government — the introduction of executive agencies in the British civil service, for instance—have been introduced without resort to legislation. There has been a spate of reform to local government and the National Health Service.

The Actuarial Aspects of Recent Legislation, in the United Kingdom and other Countries, on the subject of Compensation to Workmen for Accidents

1902 ◽  
Vol 36 (5-6) ◽  
pp. 417-564 ◽  
Author(s):  
John Nicoll
Keyword(s):  
United Kingdom ◽  
Common Law ◽  
Early Period ◽  
Jewish Law ◽  
The United Kingdom ◽  
The Subject ◽  
The Common

The liability of the employer to compensate his employees, as well as other persons, for injuries sustained through his fault, may be traced from an early period in the world's history in the Common Law of various countries.For example, by the Jewish Law, said to have been promulgated about the year 1500 B.C., if a master were the means of causing the loss, either intentionally or unintentionally, of the eye or of the tooth of his slave, he was bound to let him go free for his eye or his tooth's sake. Again, according to the same law, if an employer allowed his ox to gore either his servant or a stranger, he was required to pay various compensations to the injured if he survived, or to his relatives in the event of the injury being followed by death.

The Future of Informed Consent in British Common Law

1999 ◽  
Vol 6 (3) ◽  
pp. 235-248 ◽  
Author(s):  
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Informed Consent ◽  
Medical Profession ◽  
Common Law ◽  
European Convention ◽  
The United Kingdom ◽  
The Future ◽  
The Common ◽  
The Law

AbstractWithin the common law world, the use of the term informed consent implies the American doctrine. Informed consent as a doctrine is not part of the law in the United Kingdom. However, it is possible to predict a way forward in disclosure cases yet to be heard in the courts of the United Kingdom. These predictions are based on current developments in the common law in the United Kingdom as well as those in Canada and Australia, on the European convention on Human Rights and Biomedicine and on trends within the medical profession itself in the light of the Bolam test.

An Outline of the Law Governing the Relationship between Banker and Customer in Kenya

1975 ◽  
Vol 19 (1-2) ◽  
pp. 52-65
Author(s):  
Margaret Rogers
Keyword(s):  
United Kingdom ◽  
Common Law ◽  
General Application ◽  
The United Kingdom ◽  
The Common ◽  
The Law ◽  
The Relationship

It is perhaps desirable to start off by reminding ourselves as to what generally is the law which is applicable to bankers in Kenya. We know that the sources of Kenya law as set out in the Judicature Act, 19671 are:“;(a) the Constitution;(b) subject thereto, all other written laws, including the Acts of Parliament of the United Kingdom, cited in Part I of the Schedule to this Act, modified in accordance with Part II of that Schedule;(c) subject thereto and so far as the same do not extend or apply, the substance of the common law, the doctrines of equity and the statutes of general application in force in England on the 12th August, 1897, and the procedure and practice observed in courts of justice in England at that date:…”;

scholarly journals Crossborder jurisdiction and assistance in insolvency: The position in Malaysia and Singapore

2017 ◽  
Vol 11 (1) ◽  
pp. 157
Author(s):  
Paul Omar
Keyword(s):  
United Kingdom ◽  
Common Law ◽  
Asian Development Bank ◽  
Development Bank ◽  
Insolvency Law ◽  
Asian Development ◽  
Foreign Companies ◽  
Cross Border ◽  
The United Kingdom ◽  
The Common

Malaysia and Singapore are members of the common law family and have 'inherited' their company and insolvency law from models in use in the United Kingdom with influences from Australia. It is the purpose of this article to outline the law in relation to cross-border insolvency, particularly the winding up of foreign companies, the co-operation provisions in bankruptcy and insolvency as well as more recent moves to redevelop insolvency through UNCITRAL and Asian Development Bank initiatives.

scholarly journals The Treatment of Ipso Facto Clauses in Canada

2016 ◽  
Vol 61 (1) ◽  
pp. 139-189
Author(s):  
Adrienne Ho
Keyword(s):  
United Kingdom ◽  
Financial Institution ◽  
Common Law ◽  
Canadian Literature ◽  
The United Kingdom ◽  
Lehman Brothers ◽  
The Common ◽  
Contractual Rights

Whether a debtor is an individual or a sophisticated financial institution, a common issue that arises is whether its insolvency alters the rights of the parties with whom the debtor has entered into contracts. Could the non-defaulting party to the contract, on the basis of the debtor’s insolvency, terminate or amend the contract? Could it demand accelerated payment? Many parties preserve contractual rights, through what are commonly known as ipso facto clauses, to terminate and amend contracts or to demand an accelerated payment in the event that a counterparty to the contract becomes insolvent. Despite recent amendments to the Bankruptcy and Insolvency Act (BIA) and the Companies’ Creditors Arrangement Act (CCAA), the validity of ipso facto clauses, outside the context of derivatives contracts, is an issue that has not been thoroughly addressed in the Canadian literature. This article will trace the anti-deprivation rule in England, culminating in the United Kingdom Supreme Court’s leading case: Belmont Park Investments PTY Ltd. v. BNY Corporate Trustee Services Ltd. and Lehman Brothers Special Financing Inc. It will then explore to what extent recent amendments to the BIA and the CCAA have displaced the common law rule in Canada. Both the BIA and the CCAA have nullified ipso facto clauses in some but not all situations, the most notable exceptions being cases involving corporate bankruptcies and receiverships. This article will conclude with a discussion of the codified exceptions to the common law principles and whether the Canadian jurisprudence might incorporate some of the modifications to the anti-deprivation rule introduced by Lord Collins in Belmont.

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