scholarly journals The law of bare life

2021 ◽  
Vol 72 (S1) ◽  
pp. 186-211
Author(s):  
Ian Ward

2020 proved to be a remarkable year. Not the least remarkable was the realisation that, in a moment of perceived crisis, the instinctive response of the UK Government was to sweep away various so-called rights and liberties which might, in a calmer moment, have been presumed fundamental, and to rule by means of executive fiat. The purpose of this article is to interrogate both the premise and the consequence. Because, on closer inspection, there is nothing at all remarkable about how the Government reacted, for the same reason that there was little that was unprecedented about the experience of COVID-19. History is full of pandemics and epidemics, and government invariably acts in the same way. The first part of this article will revisit a particular theory of governance, again proved by history; that which brings together ‘bio-politics’ and the jurisprudence of the ‘exception’. The second part of the article will then revisit a prescient moment in British history; another disease, another panicked government, another lockdown. In the third, we will reflect further on the experience of COVID-19 and wonder what might be surmised from our foray into the past.

2021 ◽  
pp. 095792652110131
Author(s):  
Michael Billig

This paper examines how the British government has used statistics about COVID-19 for political ends. A distinction is made between precise and round numbers. Historically, using round numbers to estimate the spread of disease gave way in the 19th century to the sort precise, but not necessarily accurate, statistics that are now being used to record COVID-19. However, round numbers have continued to exert rhetorical, ‘semi-magical’ power by simultaneously conveying both quantity and quality. This is demonstrated in examples from the British government’s claims about COVID-19. The paper illustrates how senior members of the UK government use ‘good’ round numbers to frame their COVID-19 goals and to announce apparent achievements. These round numbers can provide political incentives to manipulate the production of precise number; again examples from the UK government are given.


2017 ◽  
Vol 10 (4) ◽  
pp. 73
Author(s):  
Ahmad Torabi

The Iranian legislator has sought to protect public property and public ownership in the Iranian Constitution in accordance with Islamic principles, terms and procedures. There are a number of principles that have been directly applied to this purpose; however, one principle has had a very significant impact on government domination of the economy of Iran: principle 44. This principle does not directly describe public property; rather, it aims to determine the areas that are under public ownership and are administered by the government. However, the principle has some contradictions and legal challenges in itself. In addition, the supplementary law that has been enacted to provide the areas for the enforcement of principle 44 fails to secure the aims of the legislator. Therefore, this paper analyses legal challenges of the principle, as well as its supplementary law, and gives suggestions to solve the challenges.This paper is divided into four sections. The first section provides an analysis of the principle itself, and its relationship and consistency with other principles of the constitution. In the second section, the Law of Implementation of Principle 44 and the legal challenges that arise from it will be discussed. The third section focuses on the negative economic impacts of this law, as well as case studies of it. Lastly, the paper provides a summary of suggestions to amend this law.


Author(s):  
Ruth Costigan ◽  
Richard Stone

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter first considers the definition of ‘terrorism’. It then turns to laws which the UK government has put in place to attempt to deal with this area, including proscription of organizations, modification of police powers, and various forms of restrictions on movement, including ‘control orders’ and their successors — terrorism prevention and investigation measures.


2007 ◽  
pp. 100-113
Author(s):  
Liz Lee-Kelley ◽  
Ailsa Kolsaker

The central government in the UK is determined to employ new surveillance technology to combat the threat of terrorist activities. This chapter contributes to the important debate on the relationship between citizens and the government, by discussing not whether electronic surveillance should be used, but rather, when it is acceptable to the populace. From our analysis, we conclude that a reconciliation of state-interest and self-interest is critical for the success of e-governance; as such, electronic surveillance’s mission has to be about serving the law-abiding majority and their needs, and its scope and benefits must be clearly understood by the visionaries, implementers and the citizenry.


2003 ◽  
Vol 3 (3-4) ◽  
pp. 191-195
Author(s):  
Jerry Dupont

I work for the Law Library Microform Consortium (LLMC), a cooperative with some 900 participating members. Most are in the US, with a fair number in Canada and some in Australia, the UK and sixteen other countries. For over a quarter of a century LLMC has provided its member libraries with a wide range of legal titles, including much Commonwealth material, on microfiche. We grew hoary in that task, but have been rejuvenated in a new role. We've just launched an on-line digital library, LLMC-Digital, which will provide vastly enhanced access to our materials. The foundation for this endeavour is our backfile of 92,000 volumes (some 49-million page images) filmed during the past 27 years. To that base will be added every new title acquired in LLMC's future filming or scanning.


2019 ◽  
Vol 24 ◽  
pp. 26-31
Author(s):  
Md. Raisul Islam Sourav

This article contains a doctrinal analysis of the law and policy encouragement towards a low carbon energy transition in the Scotland. To do this, the present article is primarily focused on electricity sector of the Scotland and its commitment towards a low carbon transition in this sector in coming years. This article analyzes the existing significant laws and policies in Scotland that encourage towards a low carbon transition. However, it also evaluates international obligation upon the Scotland and the UK, as well, towards this transition. Subsequently, it assesses the UK’s legal framework in this regard. However, Scotland is firmly committed to achieve its targets towards a low carbon transition in the power sector although it needs more incentive and tight observation of the government to smoothen the process.


2019 ◽  
Vol 33 (1) ◽  
pp. 27-41 ◽  
Author(s):  
Suzanne Jozefowicz ◽  
Merlin Stone ◽  
Eleni Aravopoulou

Purpose The purpose of this paper is to explain the rise of geospatial data, its importance for business and some of the problems associated with its development and use. Design/methodology/approach The paper reviews a certain amount of previously published literature but is based mainly on analysis of the very large number of responses to a consultation paper on geospatial data published by the UK Government. Findings The findings are that while there is strong appreciation of the potential benefits of using geospatial data, there are many barriers to the development, sharing and use of geospatial data, ranging from problems of incompatibility in data definitions and systems to regulatory issues. The implication for governments and for providers and users of geospatial data relates to the need to take a long-term approach to planning in resolving the issues identified. Research limitations/implications The research findings are limited to the UK, but similar findings would be likely in any other large Western country. Practical implications This paper confirms the need for a strong and coherent approach to the planning of geospatial data and systems for the establishment of a clear basis for the different parties to work together and the need to clearly separate the roles of the government in establishing frameworks and standards and the role of the private sector in developing applications and solutions. Social implications Society is increasingly dependent on the use of geospatial data, in improving living standards and dealing with social problems. The recommendations identified in this paper, if followed, will facilitate these improvements. Originality/value The value of this paper is the tight synthesis that it provides of a wide ranging and complex range of responses to the UK Government consultation and placing these responses in the wider context of the development of geospatial data.


2018 ◽  
Vol 10 (1) ◽  
pp. 137-145
Author(s):  
Bernard Wiśniewski

Legal solutions adopted over the past few years in Poland indicate that attempts are being systematically made to improve the mechanism for counteracting terrorism. Terrorism in Poland has been opposed for a long time. The commencement of such systematic solutions took place on the 25th of October 2006 through the appointment by the Prime Minister of the Inter-ministerial Team for Terrorist Threats and ended ten years later, on the 10th of June 2016, by the adoption of the law on anti-terrorist activities. For the above-mentioned reasons, the two main parts are devoted to the issues of the commencement of legal and organisational undertakings in the fight against terrorism and the characteristics of systemic statutory solutions are preceded by considerations with conclusions. The article discusses the issues of initiatives undertaken by the government administration and presents the circumstances in which it tried to face up to the problem of developing draft laws of the law now in force. In consequence, this serves to present the areas of responsibility and tasks of government administration bodies specified in the said Act. The considerations presented in this study indicate that global and national experience gained in recent years has shaped the“Polish model of combating terrorism”, which has recently found its confirmation in the relevant legal provisions. The basis for the development of this article is the interest in improving the effectiveness of combating terrorism which, for obvious reasons, is not reducing and remains very substantial. This applies to both theoreticians and practitioners. This results first of all from the needs of the challenges and threats that are subject to dynamic changes. Secondly, through the adaptation of the tools used by the state, including those mainly legal of a legal nature. These must be improved from the moment of their implementation.


2018 ◽  
Vol 17 (2) ◽  
pp. 73-78
Author(s):  
Veronica Roberts

The UK Government has recently published a White Paper proposing the creation of a new foreign investment regime, under which the Government would have powers to review a very broad range of transactions if they give rise to a national security risk. This article reviews the key provisions of the Government's proposal and also highlights the broader global context, with a number of other countries also expanding their own foreign investment regimes.


Author(s):  
John Holmwood ◽  
Therese O'Toole

In 2014 the UK government launched an investigation into the “Trojan Horse” affair: an alleged plot to “Islamify” several state schools in Birmingham. Twenty-one schools in Birmingham were subjected to snap Ofsted inspections and included in the various inquiries into the affair. The book's authors — one who was an expert witness in the professional misconduct cases brought against the teachers in the school, and the other, who researches the government's counter-extremism agenda — challenge the accepted narrative, arguing that a major injustice was inflicted on the teachers, and they go on to show how the affair was used to criticize multiculturalism and justify the expansion of a broad and intrusive counter-extremism agenda. The government cites the 'plot' in its argument about the need to develop a new counter-extremism strategy that confronts extremist ideology and not just threats of violence. However, the Kershaw Report and some other commentators argue that there was, in fact, no evidence of extremism.


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