The legality and morality of judicial retirement ages

The judicial retirement age in the United Kingdom, which requires judges to retire before they reach the age of 70, engages the age discrimination provisions of the Equal Treatment Framework Directive [2000/78/EC] and therefore is only lawful if it is shown to be a ‘objectively and reasonably justified by a legitimate aim’. This article argues that the judicial retirement age is justified and therefore lawful under European Union law. In support of this argument, I outline a pluralist theory of age discrimination that consists of principles that explain when age-differential treatment wrongs people and when that treatment is justified. The theory includes the following principles: equality of opportunity, social equality, autonomy, respect and efficiency. After considering these principles, I argue that the judicial retirement age in the United Kingdom is justified by advancing equality of opportunity and social equality by increasing the turnover of judges and therefore increasing the number of vacancies for younger people and under-represented groups.

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The Use of Surveillance of Personal Data by the United Kingdom and the Extent to Which Such Use is Compatible with the European Union Law.

SSRN Electronic Journal ◽

10.2139/ssrn.2688264 ◽

2014 ◽

Author(s):

Angelika Majchrowska

Keyword(s):

European Union ◽

United Kingdom ◽

Personal Data ◽

The European Union ◽

European Union Law ◽

The United Kingdom

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23. European Union Law in the United Kingdom Courts

Public Law ◽

10.1093/he/9780198820284.003.0023 ◽

2019 ◽

pp. 835-868

Author(s):

Andrew Le Sueur ◽

Maurice Sunkin ◽

Jo Eric Khushal Murkens

Keyword(s):

European Union ◽

United Kingdom ◽

Eu Law ◽

European Union Law ◽

National Sovereignty ◽

The United Kingdom ◽

Parliamentary Sovereignty ◽

The Uk ◽

The Relationship

This chapter discusses the reception of Community (now EU law) in the UK courts, and in particular how UK courts reconciled the doctrine of supremacy with the doctrine of parliamentary sovereignty. The chapter will examine three ways in which the UK courts have attempted to reconcile these competing doctrines: by constructing national law in light of EU law; by disapplying conflicting national law; and by reasserting national sovereignty and threatening not to apply EU law automatically. Finally, the chapter will briefly re-visit the case of Miller in order to evaluate that case in light of earlier cases on the relationship between UK and EU law.

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Pham v Secretary of State for the Home Department [2015] UKSC 19, Supreme Court

Essential Cases: Public Law ◽

10.1093/he/9780191897689.003.0027 ◽

2020 ◽

Author(s):

Thomas E. Webb

Keyword(s):

European Union ◽

Human Rights ◽

United Kingdom ◽

Supreme Court ◽

Public Law ◽

European Union Law ◽

The United Kingdom ◽

Secretary Of State ◽

Home Department ◽

The Relationship

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Pham v Secretary of State for the Home Department [2015] UKSC 19, Supreme Court. This case considers the introduction of proportionality as a ground of judicial review beyond human rights and European Union law in the United Kingdom. The relationship between proportionality and Wednesbury unreasonableness is also discussed. The document also includes supporting commentary from author Thomas Webb.

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Pham v Secretary of State for the Home Department [2015] UKSC 19, Supreme Court

Essential Cases: Public Law ◽

10.1093/he/9780191868306.003.0020 ◽

2019 ◽

Author(s):

Thomas E. Webb

Keyword(s):

European Union ◽

Human Rights ◽

United Kingdom ◽

Supreme Court ◽

Judicial Review ◽

Public Law ◽

European Union Law ◽

The United Kingdom ◽

Secretary Of State ◽

Home Department

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Pham v Secretary of State for the Home Department [2015] UKSC 19, Supreme Court. This case considers the introduction of proportionality as a ground of judicial review beyond human rights and European Union law in the United Kingdom. The document also includes supporting commentary from author Thomas Webb.

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BREXIT AND THE IMPLICATIONS FOR TACIT CHOICE OF LAW IN THE UNITED KINGDOM

Obiter ◽

10.17159/obiter.v39i3.11331 ◽

2018 ◽

Vol 39 (3) ◽

Author(s):

Garth Bouwers

Keyword(s):

European Union ◽

United Kingdom ◽

Legal Framework ◽

Private International Law ◽

The European Union ◽

European Union Law ◽

Choice Of Law ◽

Applicable Law ◽

The United Kingdom

The influence of European Union law on the United Kingdom is noteworthy. In the commercial arena, it has transformed the rules of private international law in the United Kingdom. The European Union has established a common framework for jurisdiction of national courts, the recognition and enforcement of judgments and the determination of the applicable law. The article highlights the implications of Brexit on the determination of the applicable law in the United Kingdom, more specifically, its impact on a tacit choice of law in international commercial contracts. The article examines the current legal position in the United Kingdom (i.e. the legal framework in a so-called “soft-Brexit” scenario). Secondly, the article analyses the effect of a complete withdrawal from the European Union (i.e. the legal framework in a “hard- Brexit” scenario).

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Przeciwdziałanie emisjom do powietrza. Analiza ochrony atmosfery i regulacji dotyczących zanieczyszczeń w Wielkiej Brytanii przed przystąpieniem, w trakcie i po opuszczeniu UE

Gdańskie Studia Prawnicze ◽

10.26881/gsp.2021.3.06 ◽

2021 ◽

pp. 76-92

Author(s):

Joseph McMullen ◽

Tilak Ginige

Keyword(s):

European Union ◽

United Kingdom ◽

Industrial Revolution ◽

The European Union ◽

European Union Law ◽

The United Kingdom ◽

Court Of Justice ◽

Legal Responses ◽

Domestic Legislation ◽

And Function

Air pollution is a severe issue in the United Kingdom. Legal and scientific efforts to combat the deleterious health effects arising from polluted air are wide-ranging but suffer a lack of enforcement. The issue of enforcement is a central theme within this paper; the most stringent or ambitious limits are meaningless without enforcement. Legal responses to specific pollutants and polluting industries are first explored to establish a narrative of the United Kingdom’s approach to air quality protection throughout the Industrial Revolution. Legal issues and regulatory methods during the United Kingdom’s membership of the European Union are then discussed in juxtaposition to domestic historical approaches, acknowledging the United Kingdom’s utilisation of displacement methods and general failures to adhere to European Union law. Beyond 2020, the retention and function of EU-derived and domestic legislation is considered in light of Brexit. The United Kingdom faces – post-Brexit – an opportunity for improvement in its atmospheric quality. However, without the enforcement capabilities of the Court of Justice of the European Union there is a real possibility that atmospheric quality in the United Kingdom will face a severe and dangerous regression – becoming, once again, the “dirty man of Europe”.

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