The Chilcot Report

2019 ◽  
pp. 273-288
Author(s):  
Stephen Bouwhuis
Keyword(s):  
Decision Making ◽  
United Kingdom ◽  
International Law ◽  
Legal Practice ◽  
Ethical Aspects ◽  
Legal Advice ◽  
The United Kingdom ◽  
General Relevance ◽  
The Government

The inquiry by the United Kingdom into its decision to intervene in Iraq is one of the longest running and most comprehensive examinations of government decision-making. In particular, the inquiry examined in detail the processes by which legal advice was provided to and formed a part of the decision by the Government of the United Kingdom to intervene in Iraq. Through this lens, the current chapter examines what the inquiry illustrates about the general relevance of international law to the decision to intervene in Iraq and more broadly what illustrates about the role of international law in decision-making more generally. In particular, the chapter pertains to the practical and ethical aspects providing international legal advice to government as well as the nature of government legal practice more generally.

The Lex Fori

2019 ◽  
pp. 172-194
Author(s):  
Adrian Briggs
Keyword(s):  
Public Policy ◽  
United Kingdom ◽  
International Law ◽  
Private International Law ◽  
English Court ◽  
Conflict Of Laws ◽  
The United Kingdom ◽  
Foreign Law ◽  
The Law

This chapter examines of the role of the lex fori in English private international law before proceeding to examine the rules of the conflict of laws applicable in an English court. Issues for which the rules of the conflict of laws select the lex fori as the law to be applied include grounds for the dissolution (as distinct from nullity) of marriage, even if the marriage has little or nothing to do with the United Kingdom; or settlement of the distribution of assets in an insolvency even though there may be significant overseas elements. Where the rules of the conflict of laws select a foreign law, its application, even though it is proved to the satisfaction of the court, may be disrupted or derailed by a provision of the lex fori instead. The remainder of the chapter covers procedural issues; penal, revenue, and public laws; and public policy.

THE DEFENCE SECTOR AND ITS EFFECT ON NATIONAL SECURITY DURING THE CZECHOSLOVAK (MUNICH)

2019 ◽  
Vol 111 (2) ◽  
pp. 71-84
Author(s):  
Ales BINAR
Keyword(s):  
Decision Making ◽  
United Kingdom ◽  
National Security ◽  
Armed Forces ◽  
Decision Making Process ◽  
International Conference ◽  
The United Kingdom ◽  
Defence Sector

The Czechoslovak (Munich) Crisis of 1938 was concluded by an international conference that took place in Munich on 29-30 September 1938. The decision of the participating powers, i.e. France, Germany, Italy, and the United Kingdom, was made without any respect for Czechoslovakia and its representatives. The aim of this paper is to examine the role of the defence sector, i.e. the representatives of the ministry of defence and the Czechoslovak armed forces during the Czechoslovak (Munich) Crisis in the period from mid-March to the beginning of October 1938. There is also a question as to, whether there are similarities between the position then and the present-day position of the army in the decision-making process.

scholarly journals How Good is the Science That Informs Government Policy? A Lesson From the U.K.’s Response to 2020 CoV-2 Outbreak

2021 ◽  
Author(s):  
Jessica Cooper ◽  
Neofytos Dimitriou ◽  
Ognjen Arandjelovíc
Keyword(s):  
Climate Change ◽  
United Kingdom ◽  
Government Policy ◽  
Policy Making ◽  
Scientific Advice ◽  
Ethical Concerns ◽  
The United Kingdom ◽  
The Government

AbstractIn an era when public faith in politicians is dwindling, yet trust in scientists remains relatively high, governments are increasingly emphasizing the role of science based policy-making in response to challenges such as climate change and global pandemics. In this paper we question the quality of some scientific advice given to governments and the robustness and transparency of the entire framework which envelopes such advice, all of which raise serious ethical concerns. In particular we focus on the so-called Imperial Model which heavily influenced the government of the United Kingdom in devising its response to the COVID-19 crisis. We focus on and highlight several fundamental methodological flaws of the model, raise concerns as to the robustness of the system which permitted these to remain unchallenged, and discuss the relevant ethical consequences.

Challenges to Professional Autonomy in the United Kingdom? The Perceptions of General Practitioners

1995 ◽  
Vol 25 (2) ◽  
pp. 219-241 ◽  
Author(s):  
Michael Calnan ◽  
Simon Williams
Keyword(s):  
United Kingdom ◽  
General Practitioners ◽  
Social Economic ◽  
The United States ◽  
Professional Autonomy ◽  
New Managerialism ◽  
The United Kingdom ◽  
The Social ◽  
The Government

Theoretical analysis has suggested that so-called threats to professional autonomy in the United States might also be manifesting themselves in the United Kingdom through the introduction of market principles and the new “managerialism” into the National Health Service by the government and through the emergence of complementary medicine and the role of the “articulate” consumer. The authors explore these issues by focusing on how a sample of the “rank and file” of general practitioners perceive these potential challenges from “above and below.” The evidence suggests that the social, economic, and clinical freedoms of general practitioners remain intact although these external influences appear to have changed the style of clinical practice, which is a source of concern and dissatisfaction to some general practitioners.

The Role of Academics in the Legal System

2005 ◽  
Author(s):  
William Twining ◽  
Ward Farnsworth ◽  
Stefan Vogenauer ◽  
Tesón Fernando
Keyword(s):  
United Kingdom ◽  
International Law ◽  
Legal System ◽  
Civil Law ◽  
Legal Scholarship ◽  
The United Kingdom ◽  
System P ◽  
The Relationship

This article considers the ways in which legal scholars relate to and participate in practical legal affairs. The discussion covers audiences and influence of legal scholars in the United Kingdom; the relationship between the American legal academy and the institutions; civil law systems; the nature of international legal scholarship; and the influence of international legal scholars on international law.

Do the Opinions Expressed by the Conseil D'Etat in its Capacity as Legal Adviser to the Government Influence Policy?

2000 ◽  
Vol 49 (3) ◽  
pp. 672-679
Author(s):  
Nicole Questiaux
Keyword(s):  
United Kingdom ◽  
Government Influence ◽  
The Past ◽  
The United Kingdom ◽  
Legal Adviser ◽  
The Government ◽  
Legal Difficulties ◽  
Constitutional Changes ◽  
Judicial Role

My title for this article reflects a very proper question for a foreign audience which has become more familiar than in the past with the dual (consultative and judicial) role of the French Conseil d'etat. For many years, interest in Britain focused on the judicial function of the Conseil. More recently, attention has shifted to the activities of the “sections administratives”, which involve the screening and the drafting of all the proposed legislation and the essential part of subordinate regulations prepared by government. I have the feeling this interest is probably fuelled by the recent constitutional changes in the United Kingdom, and the need to prevent legal difficulties cropping up between different and new political bodies.

scholarly journals The Role of Expert Witnesses in the Adjudication of Religious and Culture-based Asylum Claims in the United Kingdom: the Case Study of ‘Witchcraft’ Persecution

2021 ◽  
Author(s):  
Katia Bianchini
Keyword(s):  
Decision Making ◽  
United Kingdom ◽  
Cultural Diversity ◽  
Final Outcome ◽  
Judicial Decisions ◽  
The United Kingdom ◽  
Multiple Challenges ◽  
The Uk

Abstract This article examines the role of cultural expertise in asylum judicial decisions in the UK by focusing on witchcraft-based persecution. The case study highlights multiple challenges to decision-making created by religious and cultural diversity, and the ensuing problems of assessing unfamiliar facts and beliefs against the often lack of corroborating evidence. Drawing on legal sources and a small number of anthropological studies, as well as analyses of judicial decisions, the article discusses how the unique characteristics of witchcraft cases, with their unfamiliar paradigms, are illustrative of the need to analyse and understand asylum claims within their broad cultural, historical, economic, and political contexts. The article exposes how cultural expertise assists judges in appreciating specific contexts and curbing their Eurocentric understanding of culture and religion, and shapes the final outcome of cases.

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