scholarly journals No Place Called Home. The Banishment of ‘Foreign Criminals’ in the Public Interest: A Wrong without Redress

Laws ◽  
2020 ◽  
Vol 9 (4) ◽  
pp. 26
Author(s):  
Helen O’Nions

This article examines the legal and ethical rationale for the deportation of ‘foreign criminals’ who have established their homes in the United Kingdom. It argues that provisions relating to automatic deportation constitute a second punishment that can be more accurately described as banishment. The human rights of those defined as ‘foreign criminals’ have been reduced to privileges that are easily withdrawn with reference to the ill-defined public interest. The ability to challenge deportation is then compromised by a non-suspensive appeal process that deliberately undermines the right to an effective remedy whilst further damaging private and family life. With reference to social membership and domicile theories of belonging, it is suggested that those who have made their lives in the UK and established their place and domicile here should be regarded as unconditional members of civil society. As such, they are entitled to equality of treatment in the criminal justice system and should be immune from punitive ‘crimmigration’ measures.

2019 ◽  
Vol 37 (4) ◽  
pp. 288-310
Author(s):  
Natalie Sedacca

Domestic workers are mainly women, are disproportionately from ethnic minorities and/or international migrants, and are vulnerable to mistreatment, often receiving inadequate protection from labour legislation. This article addresses ways in which the conditions faced by migrant domestic workers can prevent their enjoyment of the right to private and family life. It argues that the focus on this right is illuminating as it allows for the incorporation of issues that are not usually within the remit of labour law into the discussion of working rights, such as access to family reunification, as well as providing for a different perspective on the question of limits on working time – a core labour right that is often denied to domestic workers. These issues are analysed by addressing a case study each from Latin America and Europe, namely Chile and the UK. The article considers impediments to realising the right to private and family life stemming both from the literal border – the operation of immigration controls and visa conditions – and from the figurative border which exists between domestic work and other types of work, reflected in the conflation of domestic workers with family members and stemming from the public/private sphere divide.


Author(s):  
Tim Press

This chapter focuses on the law of breach of confidence, which protects trade secrets and privacy. It is judge-made law, with its origins in equity. The action for breach of confidence now resembles a common law cause of action, but its equitable basis is still evident in the flexibility and discretion the judges adopt in deciding cases. The Human Rights Act in 1998 required the courts to implement the right to private and family life. The courts have done this, in cases concerning private information, by extending the law to protect privacy where the information concerned was not secret. This is now regarded as a separate branch of the law. Special considerations also apply in relation to the duties employees owe to their employer both during and after their employment. There is a defence to an action for breach of confidence where publication is in the public interest.


2018 ◽  
Vol 4 (Supplement 2) ◽  
pp. 187s-187s
Author(s):  
M. Gandara

Amount raised: The World's Biggest Coffee Morning (WBCM) is Macmillan's flagship fundraising event raising £200 (US $282) million since its inception in the United Kingdom in 1990. Aim: Behind the success of WBCM, one of the UK's biggest fundraising events, lies a simple ask: get together with friends, colleagues and neighbors for a coffee morning and raise money for Macmillan Cancer Support. Strategy/Tactics: Our strategy focuses on marketing, both to existing and new hosts, and the development of a fully integrated, multichannel campaign. A collaborative approach is required to achieve growth across all areas of the organization, with celebrity endorsement, PR, and activity with corporate partners such as MandS helping to further drive awareness and income. Program process: Supporters register to receive their free Coffee Morning Kit and host a Coffee Morning at their chosen venue. While there are several weird and wonderful twists on the event, most hosts choose to serve coffee, cake and other treats in return for donations to Macmillan. Coffee Morning takes place on the last Friday in September each year (although supporters can host on any day that suits them) with the majority holding their event on this day. Costs and returns: The expenditure as a proportion of the amount we raise is roughly 30 p in the £1, the return on investment is £3.39 raised for every £1 invested. What was learned: Our experience shows that our key drivers to success are: Using research and insight to drive strategy: In 2011, we undertook a large research piece to understand who the audience were, their motivations for taking part and this was used to (a) develop a relevant proposition which met supporters' needs and (b) identify the key target market. Measurable, direct response activity across channels: using the right channels to reach the target market (e.g., direct mail to our existing hosts and an ATL campaign), including TV, to reach new hosts. Recognizing importance of retention and supporter experience: delivering a relevant, tailored experience to supporters that adds value. Ease of participation: no training over heavy commitment is needed - it can be as simple as buying a few cakes for neighbors to huge community events open to the public.


Chapter 26 calls for the structure of the 2000 Act to be simplified. All exemptions should be subject to the public interest test. Freedom of information should be dealt with in the same way as environmental information. Government departments’ need for a safe space to develop policy should be clarified. There should be no extension of the right of veto. All executive override certificates should be referred to the High Court, which should review such certificates, applying the principle of proportionality, and the Court’s decision should be final. Freedom of information should be properly funded: it is part of access to justice which is fundamental to democracy. The recommendations of David Anderson QC’s report ‘A Question of Trust’ should be implemented. In the cold light of day, it is difficult to see what a British Bill of Rights could achieve which would be of benefit to the United Kingdom.


2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.


Author(s):  
Dirk Voorhoof

The normative perspective of this chapter is how to guarantee respect for the fundamental values of freedom of expression and journalistic reporting on matters of public interest in cases where a (public) person claims protection of his or her right to reputation. First it explains why there is an increasing number and expanding potential of conflicts between the right to freedom of expression and media freedom (Article 10 ECHR), on the one hand, and the right of privacy and the right to protection of reputation (Article 8 ECHR), on the other. In addressing and analysing the European Court’s balancing approach in this domain, the characteristics and the impact of the seminal 2012 Grand Chamber judgment in Axel Springer AG v. Germany (no. 1) are identified and explained. On the basis of the analysis of the Court’s subsequent jurisprudence in defamation cases it evaluates whether this case law preserves the public watchdog-function of media, investigative journalism and NGOs reporting on matters of public interest, but tarnishing the reputation of public figures.


2021 ◽  
Vol 28 (1) ◽  
pp. e100320
Author(s):  
Vahid Garousi ◽  
David Cutting

ObjectivesOur goal was to gain insights into the user reviews of the three COVID-19 contact-tracing mobile apps, developed for the different regions of the UK: ‘NHS COVID-19’ for England and Wales, ‘StopCOVID NI’ for Northern Ireland and ‘Protect Scotland’ for Scotland. Our two research questions are (1) what are the users’ experience and satisfaction levels with the three apps? and (2) what are the main issues (problems) that users have reported about the apps?MethodsWe assess the popularity of the apps and end users’ perceptions based on user reviews in app stores. We conduct three types of analysis (data mining, sentiment analysis and topic modelling) to derive insights from the combined set of 25 583 user reviews of the aforementioned three apps (submitted by users until the end of 2020).ResultsResults show that end users have been generally dissatisfied with the apps under study, except the Scottish app. Some of the major issues that users have reported are high battery drainage and doubts on whether apps are really working.DiscussionTowards the end of 2020, the much-awaited COVID-19 vaccines started to be available, but still, analysing the users’ feedback and technical issues of these apps, in retrospective, is valuable to learn the right lessons to be ready for similar circumstances in future.ConclusionOur results show that more work is needed by the stakeholders behind the apps (eg, apps’ software engineering teams, public-health experts and decision makers) to improve the software quality and, as a result, the public adoption of these apps. For example, they should be designed to be as simple as possible to operate (need for usability).


2020 ◽  
pp. 003232172098090
Author(s):  
James Weinberg

Trust between representatives and citizens is regarded as central to effective governance in times of peace and uncertainty. This article tests that assumption by engaging elite and mass perspectives to provide a 360-degree appraisal of vertical and horizontal policy coordination in a crisis scenario. Specifically, a multi-dimensional conception of political trust, anchored in psychological studies of interpersonal relations, is operationalised in the context of the United Kingdom’s response to the 2020 coronavirus pandemic. Detailed analysis of data collected from 1045 members of the public and more than 250 elected politicians suggests that particular facets of political trust and distrust may have contributed to levels of mass behavioural compliance and elite policy support in the UK at the height of the COVID-19 crisis. These findings help to evaluate policy success during a unique and challenging moment while contributing theoretically and methodologically to broader studies of political trust and governance.


Legal Studies ◽  
2011 ◽  
Vol 31 (4) ◽  
pp. 615-643 ◽  
Author(s):  
Eoin Daly ◽  
Tom Hickey

In law and discourse, it has typically been assumed that the religious freedom of state-funded religious schools must trump any competing right to non-discrimination on grounds of belief. For example, the Irish Constitution has been interpreted as requiring the broad exemption of denominational schools from the statutory prohibition on religious discrimination in school admissions. This stance is mirrored in the UK Equality Act 2010. Thus, religious discrimination in the public education context has been rationalised with reference to a ‘liberty-equality dichotomy’, which prioritises the integrity of faith schools' ‘ethos’, as an imperative of religious freedom. We argue that this familiar conceptual dichotomy generates a novel set of absurdities in this peculiar context. We suggest that the construction of religious freedom and non-discrimination as separate and antagonistic values rests on a conceptually flawed definition of religious freedom itself, which overlooks the necessary dependence of religious freedom on non-discrimination. Furthermore, it overstates the necessity, to religious freedom, of religious schools' ‘right to discriminate’. We argue for an alternative ordering of the values of religious freedom and non-discrimination – which we locate within the neo-republican theory of freedom as non-domination.


2021 ◽  
Vol 11 (4) ◽  
pp. 112-138
Author(s):  
D.A. FEDYAEV

In the Russian Federation, as in a number of other economically developed countries, there are legal restrictions on the admission of foreign investors to participate in commercial corporate organizations of strategic importance for national defence and state security. Failure by foreign investors to comply with this mechanism leads to the nullity of transactions and, as a consequence, to legal disputes, the subject of which are mainly restitution claims. There have been numerous problems and academic debates in recent court practice regarding the reasons and the possibility of satisfying such claims. In particular, in view of the changed circumstances after the conclusion of the contested transaction, the real public interest is not always visible pursued by the claim for application of consequences of its invalidity. The author proposes that in the course of judicial proceedings in such cases, when the defendant raises the relevant reasoned objections, not only to state the fact of violation of the law by a foreign investor, but also to reveal the public interest defended by the foreign investor. The author proposes that, in such cases, the defendant’s arguments should not be limited to stating that the foreign investor has breached the law. If one is not established, a claim may be dismissed under certain conditions, taking into account established doctrinal approaches to the understanding of the right of action.


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