scholarly journals Open Options Education and Children’s Religious Upbringing: A Critical Review of Current Discussions Taking Place in the UK Parliament

2019 ◽  
Author(s):  
Ryan Hill
Keyword(s):  
Critical Review ◽  
Case Law ◽  
Parental Rights ◽  
Potential Bias ◽  
House Of Lords ◽  
Depth Analysis ◽  
The Uk

Abstract Ensuring open minds and open options education has recently been suggested by the UK House of Lords as a State role that can and should override parents’ decisions in relation to their children’s religious upbringing and education. Yet the language used in their Lordship’s debates risks failing to respect the nature and purpose of legally enshrined parental rights in this area and of being perceived as potential bias that rests on a set of assumptions difficult to adequately determine. Through reference to various writings and case law on the interplay between parents’ rights relating to religious upbringing and the State’s obligations to education, along with an in-depth analysis of the notion of indoctrination, this article critiques their Lordships’ discussions over this complex and highly charged issue by highlighting some of the problems confronting their discussions.

Cross-fertilisation of Constitutional Ideas

2013 ◽  
Author(s):  
Petra Butler
Keyword(s):  
New Zealand ◽  
Supreme Court ◽  
Case Law ◽  
Bill Of Rights ◽  
House Of Lords ◽  
The Supreme Court ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Uk Supreme Court ◽  
The Uk

This chapter discusses the New Zealand courts' jurisprudence in regard to the interpretative provisions — sections 4, 5, and 6 — of the New Zealand Bill of Rights Act 1990. It not only gives an overview of the relevant New Zealand case law but also compares the courts' approaches to those of their UK counterparts, in particular the UK Supreme Court (formerly, the House of Lords) in regard to section 3 of the UK Human Rights Act 1998. It is argued that the perceived difference in the approaches can be explained by different contexts rather than different methodology. The chapter thereby questions the view held in New Zealand that the UK courts, and especially the Supreme Court, are more activist than the New Zealand courts.

Macdonald on the Law of Freedom of Information

2016 ◽  
Author(s):  
Ian Peacock ◽  
Edwin Simpson ◽  
Adrian Pay ◽  
Simon Adamyk ◽  
Charlotte Ford ◽  
...  
Keyword(s):  
Case Law ◽  
Legal Issues ◽  
Freedom Of Information ◽  
The European Union ◽  
Freedom Of Information Act ◽  
Historical Perspectives ◽  
The Core ◽  
Depth Analysis ◽  
Comparative Survey ◽  
The Uk

Ten years after the Freedom of Information Act 2000 came into force in the UK, the implementation and case law related to the Act remains contentious. This new edition of the standard practitioners' text provides a complete, authoritative, and accessible guide to this challenging and rapidly evolving area of law. The core of the book is a full and lucid exploration of the statutory scheme: the Act itself, as well as the Environmental Regulations 2004 and the Data Protections Act 1998. It provides historical perspectives, aids to construction, and in-depth analysis of all provisions, with discussion expanded to include the problems exposed by the mass of information about individuals now available on the internet, and the best way to protect citizens from those who commit crimes and torts online. Further chapters address how the Act relates to other legal issues, including human rights, confidentiality, data protection, and official secrets. Finally, it offers an account of the different ways the disclosure of information is treated in the European Union and the devolved parts of the UK, and a comparative survey of information rights in other parts of the world.

scholarly journals Resituating the political in cultural intermediary work: Charity sector public relations and communication

2021 ◽  
pp. 136754942199423
Author(s):  
Anne M Cronin ◽  
Lee Edwards
Keyword(s):  
Public Relations ◽  
Power Relations ◽  
Party Politics ◽  
The Political ◽  
Depth Analysis ◽  
Cultural Intermediary ◽  
Cultural Intermediaries ◽  
The Uk ◽  
The Relationship

Drawing on a case study of public relations in the UK charity sector, this article argues that cultural intermediary research urgently requires a more sustained focus on politics and the political understood as power relations, party politics and political projects such as marketization and neoliberalism. While wide-ranging research has analysed how cultural intermediaries mediate the relationship between culture and economy, this has been at the expense of an in-depth analysis of the political. Using our case study as a prompt, we highlight the diversity of ways that the political impacts cultural intermediary work and that cultural intermediary work may impact the political. We reveal the tensions that underpin practice as a result of the interactions between culture, the economy and politics, and show that the tighter the engagement of cultural intermediation with the political sphere, the more tensions must be negotiated and the more compromised practitioners may feel.

Our Father who art in Town Hall: Do local councils have power to pray?

2021 ◽  
pp. 1037969X2199636
Author(s):  
Luke Beck
Keyword(s):  
United Kingdom ◽  
Case Law ◽  
Town Hall ◽  
The United Kingdom ◽  
The Uk

Many local councils in Australia commence their meetings with prayer. Case law in the United Kingdom holds that English local councils do not have power to commence their meetings with prayer. This article argues that the reasoning of the UK case law applies with equal force in Australia with the result that the practice of many Australian local councils of incorporating prayers into their formal meetings is unlawful.

Medical treatment and best interests: judicial interpretation of values, wishes and beliefs under the Mental Capacity Act 2005

2020 ◽  
Vol 22 (3) ◽  
pp. 165-173
Author(s):  
Owen P. O'Sullivan
Keyword(s):  
Medical Treatment ◽  
Clinical Decision ◽  
Case Law ◽  
Decision Makers ◽  
Best Interests ◽  
Content Type ◽  
The Supreme Court ◽  
Mental Capacity Act 2005 ◽  
Mental Capacity Act ◽  
The Uk

Purpose The prominence of the best interests principle in the Mental Capacity Act 2005 represented an important transition to a more resolutely patient-centred model regarding decision-making for incapable adults (“P”). This paper aims to examine the courts’ consideration of P’s values, wishes and beliefs in the context of medical treatment, reflect on whether this has resulted in a wide interpretation of the best interests standard and consider how this impacts clinical decision makers. Design/methodology/approach A particular focus will be on case law from the Court of Protection of England and Wales and the Supreme Court of the UK. Cases have been selected for discussion on the basis of the significance of their judgements for the field, the range of issues they illustrate and the extent of commentary and attention they have received in the literature. They are presented as a narrative review and are non-exhaustive. Findings With respect to values, wishes and beliefs, the best interests standard’s interpretation in the courts has been widely varied. Opposing tensions and thematic conflicts have emerged from this case law and were analysed from the perspective of the clinical decision maker. Originality/value This review illustrates the complexity and gravity of decisions of the clinical decision makers and the courts have considered in the context of best interests determinations for incapacitated adults undergoing medical treatment. Subsequent to the first such case before the Supreme Court of the UK, emerging case law trends relating to capacity legislation are considered.

scholarly journals Ectopic pregnancy: exploration of its global research architecture using density-equalising mapping and socioeconomic benchmarks

BMJ Open ◽  
2017 ◽  
Vol 7 (10) ◽  
pp. e018394 ◽  
Author(s):  
Dörthe Brüggmann ◽  
Jana Kollascheck ◽  
David Quarcoo ◽  
Michael H Bendels ◽  
Doris Klingelhöfer ◽  
...  
Keyword(s):  
Ectopic Pregnancy ◽  
Gdp Per Capita ◽  
Related Research ◽  
Depth Analysis ◽  
The Usa ◽  
Per Capita ◽  
The Uk ◽  
Research Architecture ◽  
Country Specific ◽  
Global Research

ObjectiveAbout 2% of all pregnancies are complicated by the implantation of the zygote outside the uterine cavity and termed ectopic pregnancy. Whereas a multitude of guidelines exists and related research is constantly growing, no thorough assessment of the global research architecture has been performed yet. Hence, we aim to assess the associated scientific activities in relation to geographical and chronological developments, existing research networks and socioeconomic parameters.DesignRetrospective, descriptive study.SettingOn the basis of the NewQIS platform, scientometric methods were combined with novel visualising techniques such as density-equalising mapping to assess the scientific output on ectopic pregnancy. Using the Web of Science, we identified all related entries from 1900 to 2012.Results8040 publications were analysed. The USA and the UK were dominating the field in regard to overall research activity (2612 and 723 publications), overall citation numbers and country-specific H-Indices (US: 80, UK: 42). Comparison to economic power of the most productive countries demonstrated that Israel invested more resources in ectopic pregnancy-related research than other nations (853.41 ectopic pregnancy-specific publications per 1000 billlion US$ gross domestic product (GDP)), followed by the UK (269.97). Relation to the GDP per capita index revealed 49.3 ectopic pregnancy-specific publications per US$1000 GDP per capita for the USA in contrast to 17.31 for the UK. Semiqualitative indices such as country-specific citation rates ranked Switzerland first (24.7 citations per ectopic pregnancy-specific publication), followed by the Scandinavian countries Finland and Sweden. Low-income countries did not exhibit significant research activities.ConclusionsThis is the first in-depth analysis of global ectopic pregnancy research since 1900. It offers unique insights into the global scientific landscape. Besides the USA and the UK, Scandinavian countries and Switzerland can also be regarded as leading nations with regard to their relative socioeconomic input.

EL JUEZ COMPETENTE PARA CONOCER DEL PROCEDIMIENTO MONITORIO: CUESTIONES PRÁCTICAS

2010 ◽  
pp. 493-519
Author(s):  
AINHOA GUTIÉRREZ BARRENENGOA
Keyword(s):  
Subject Matter ◽  
Critical Review ◽  
Case Law ◽  
Territorial Jurisdiction ◽  
Procedural Code ◽  
The Subject ◽  
The Given

El procedimiento monitorio se concibe en la Ley 1/2000, de Enjuiciamiento Civil como un procedimiento de tutela privilegiada de determinados créditos. Sin embargo, estos postulados se contradicen con los problemas que, en la práctica forense, se han suscitado, en muchos casos, por la determinación de la competencia del órgano que debe conocer del procedimiento. En el presente estudio, se analizan las principales cuestiones que se han suscitado en relación con la determinación de la competencia objetiva y territorial en el procedimiento monitorio, con un repaso crítico de las distintas soluciones doctrinales aportadas, y una revisión de la última doctrina jurisprudencial en la materia. Prozedura monitorioa Prozedura Zibilaren 1/2000 Legeak taxutu zuen, zenbait kredituren tutoretza pribilejiatua izateko prozedura moduan. Hala eta guztiz ere, postulatu horiek ez datoz bat praktika forentsean sortu diren arazoekin; izan ere, maiz, prozedura ezagutu behar duen organoaren eskumena nork duen jakitea ez da gauza argia. Lan honetan, prozedura monitorioaren inguruan eskumen objektiboa eta lurraldekoa zehaztu beharraz sortu diren eztabaida nagusiak aztertzen dira, horri buruz agertu izan diren konponbide doktrinalen azterketa kritikoa eginez, eta gaiari buruzko azken jurisprudentzia-doktrina ere lantzen da. The payment procedure is envisaged by Act 1/2000 on the Civil Procedural Code as a procedure for a privileged guarantee of some debts. However, theses propositions conflict with the problems which arose in practice when deciding the subject-matter and territorial jurisdiction in payments procedures. By this study, main questions regarding the subject-matter and territorial jurisdiction within the payment procedure are analyzed with a critical review of the given different doctrinal solutions and a revision of the last case law doctrine on the topic.

Schemes of Arrangement: Law and Practice

2012 ◽  
Author(s):  
Geoff O’Dea ◽  
Julian Long ◽  
Alexandra Smyth
Keyword(s):  
International Law ◽  
Case Law ◽  
Private International Law ◽  
Sources Of Information ◽  
Foreign Companies ◽  
Pros And Cons ◽  
English Law ◽  
The Law ◽  
The Uk

This new guide to schemes of arrangement draws together all of the elements of the law and practice concerning both creditor and member schemes. Member schemes of arrangement have become the preferred method of implementing takeovers in the UK. Creditor schemes of arrangement are increasingly used in restructuring matters and the trend in their usage in foreign companies is likely to continue as many credit documents across Europe are arranged and underwritten in London under English law. The book considers the effect given to an English scheme in foreign jurisdictions, and other Private International Law issues. A major issue for those considering a scheme for creditors is whether a scheme or CVA (Company Voluntary Arrangement) is more appropriate and this book assists the reader by including an analysis of the pros and cons of schemes and CVAs. There are very few sources of information on schemes of arrangement and the area takes much of its substance from case law. This book, addressing the law and practical issues faced by practitioners on a day-to-day basis, is a first in the field.

Product Liability

2020 ◽  
Author(s):  
Fairgrieve Duncan ◽  
Richard Goldberg
Keyword(s):  
Strict Liability ◽  
Product Liability ◽  
Case Law ◽  
The European Union ◽  
Financial Loss ◽  
Liability Law ◽  
The Usa ◽  
The Law ◽  
The Uk ◽  
The Impact

Product Liability is a recognised authority in the field and covers the product liability laws through which manufacturers, retailers, and others may be held liable to compensate persons who are injured, or who incur financial loss, when the products which they manufacture or sell are defective or not fit for their purpose. Product defects may originate in the production process, be one of design, or be grounded in a failure to issue an adequate warning or directions for safe use and practitioners advising business clients or claimants will find this book provides all the necessary information for practitioners to manage a product liability claim. This new edition has been fully updated to take account of 10 years of development in case law and regulation, and the increasing impact of cross-border and transnational sale of goods. The Court of Justice of the European Union handed down major rulings concerning the Product Liability Directive which affect the application of the Directive and national arrangements and Fairgrieve and Goldberg examines this in detail. For any legal practitioner operating in areas which require knowledge of European product liability law, an understanding of the impact of recent developments is essential and this work is an essential resource for practitioners working on product liability, sale of goods, personal injury and negligence. The work provides comprehensive coverage of the law of negligence as it applies to product liability, of the strict liability provisions of the Consumer Protection Act 1987, and of the EU's Product Liability Directive on which the Act is based. Although the majority of cases involve pharmaceuticals and medical devices, in recent English cases the allegedly defective products have been as diverse as a child's buggy, an All Terrain Vehicle, and even a coffee cup. Many cases are brought as group actions, and the book examines the rights of those who are injured by defective products. As well as considering the perspective of the law as it has developed in the UK, this edition contains detailed discussion of case law from other jurisdictions including the USA, Australia, New Zealand, Canada, France and Germany. The coverage in the work is complemented by a full analysis of issues which arise in transnational litigation involving problems of jurisdiction and the choice of laws.

The constitutional influence of the Judicial Committee of the Privy Council on the UK apex court: institutional proximity and jurisprudential divergence?

2020 ◽  
Vol 71 (2) ◽  
pp. 285-302
Author(s):  
Roger Masterman
Keyword(s):  
Supreme Court ◽  
Ad Hoc ◽  
Court Decisions ◽  
Privy Council ◽  
House Of Lords ◽  
Uk Supreme Court ◽  
Proportionality Test ◽  
The Uk ◽  
The Relationship

It is often claimed that the constitutional role of the UK’s apex court is enriched as a result of the experiences of the Judicial Committee of the Privy Council as interpreter of constitutions within its overseas jurisdiction. This paper considers the relationship between the House of Lords/UK Supreme Court and the Judicial Committee and its effect on the importation of external influences into the UK’s legal system(s), further seeking to assess how far the jurisprudence of the Judicial Committee has influenced constitutional decision-making in the UK apex court. While ad hoc citation of Privy Council authorities in House of Lords/Supreme Court decisions is relatively commonplace, a post-1998 enthusiasm for reliance on Judicial Committee authority – relating to (i) a ‘generous and purposive’ approach to constitutional interpretation and (ii) supporting the developing domestic test for proportionality – quickly faded. Both areas are illustrative of a diminishing reliance on Judicial Committee authority, but reveal divergent approaches to constitutional borrowing as the UK apex court has incrementally mapped the contours of an autochthonous constitutionalism while simultaneously recognising the trans-jurisdictional qualities of the proportionality test.

Sign in / Sign up

Export Citation Format

Share Document