Tyrer v United Kingdom (1979-80) 2 EHRR 1, European Court of Human Rights

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tyrer v United Kingdom (1979-80) 2 EHRR 1, European Court of Human Rights. The substantive issue in this case concerned whether state-inflicted corporal punishment was a breach of Article 3 of the European Convention on Human Rights. In ruling on the issue, the Court also established an interpretive doctrine—the Convention as a ‘living instrument’—which is the focus of this case note. The document also includes supporting commentary from author Thomas Webb.

Ghaidan v Godin-Mendoza [2004] UKHL 30, House of Lords

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ghaidan v Godin-Mendoza [2004] UKHL 30, House of Lords. This case concerns the interpretive obligation placed on the courts to, so far as is possible, interpret all legislation, past and future, in line with the Human Rights Act 1998. The substantive issue in the case was whether the Rent Act 1977, as amended, could be read in such a way as to allow a surviving tenant from a same-sex relationship to succeed to a tenancy held by their deceased partner. The document also includes supporting commentary from author Thomas Webb.

R (on the application of Al-Skeini) v Secretary of State for Defence [2007] UKHL 26, House of Lords

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Al-Skeini) v Secretary of State for Defence [2007] UKHL 26, House of Lords. This case concerned the extra-territorial effect of the Human Rights Act 1998 (HRA)—that is, the effect of the HRA beyond the physical jurisdiction of the United Kingdom. The underlying substantive issue concerned six test cases where Iraqi civilians had died following interactions with British forces occupying the Iraqi city of Basra and the surrounding area. The document also includes supporting commentary from author Thomas Webb.

Rationality revisited: Politicisation through planning rationality against the rationality of power

In this article, I readdress the issue of rationality, which has been so far considered in western liberal democracies and in planning theory as procedural, and more recently as post-political in the post-foundational approach, aiming to show how it can gain a substantive and politicising character. I first discuss the problems and limits of the treatment of rational thinking as well as rational consensus-seeking as merely procedural and post-political. Secondly, utilising the notion of Realrationalität of Flyvbjerg, I discuss how rationality attains a politicising role due to its strong relationship with power. Using the concept of planning rationality aiming at public interest, I present the general position and actions of professional organisations in Turkey, focusing on the Chamber of City Planners, as an example illustrative of my argument. I finally argue that rationality becomes a substantive issue that politicizes planning, when it is put forward as an alternative to authoritarian market logic. In doing so, I adopt the Rancièrian definition of the political, defined as disclosure of a wrong and staging of equality. In conclusion, I first emphasize the importance of avoiding quick rejections of the concepts of rationality and consensus in the framework of planning activity and planning theory and secondly, call for a broader definition of the political; the political that is not confined to conflict but is open to rational thinking and rational consensus.

Moral Leadership: A Challenge and a Celebration

This article analyses recent writings on moral leadership in politics and society (Part 1), and also in the church (Part 2). Although calls for moral leadership are frequent, only rarely is the substantive issue considered directly in theological ethics. Rather, it is demonstrated in the ethical analyses of and responses to contemporary political, social, and ecclesial challenges, and is captured in reflections on the activism of ordinary citizens around the world who are seizing the moment to protest injustice, to resist violence, and thereby to exercise moral leadership. This article examines moral leadership using Emmanuel Katangole’s analytical framework, assessing moral leadership through the multiple lenses of (i) critique and denouncement; (ii) the annunciation of a new order; (iii) the invitation to a new kind of knowledge; and (iv) the call for bold action.

Diplomatic immunity ratione materiae, immunity ratione materiae of state officials, and state immunity: A comparative analysis

This article explores the scope and nature of diplomatic immunity ratione materiae under the Vienna Convention on Diplomatic Relations (VCDR) by comparing this immunity with state immunity and immunity ratione materiae of ordinary state officials in general international law. It is argued that diplomatic immunity ratione materiae is distinct from immunity ratione materiae of ordinary state officials because ‘functions’ of a mission member should not be treated as ‘state functions’ in general but should be understood within the framework of Article 3(1) of the VCDR, which sets out the functions of a diplomatic mission as a whole. This means that the immunity cannot be upheld for serious violation of international law. On the other hand, diplomatic immunity ratione materiae is also different from state immunity both in scope and in nature. Therefore, the immunity must be understood as a unique concept which includes both the substantive issue of non-personal-liability and the procedural issue of immunity from jurisdiction. This hybrid nature of diplomatic immunity ratione materiae is the corollary of the functional emphasis of the Vienna Convention.

Introduction

Women who participate in public discussions about social and political issues are often confronted with a barrage of vicious digital attacks. The abuse is a form of patterned resistance to women’s voice and visibility, as evinced by the way gender is weaponized as the central grounds for condemnation. Attacks are riddled with gendered epithets and stereotypes, and they perseverate on women’s physical appearance and presumed sexual behavior; also, the generic nature of the abuse features nearly interchangeable misogyny rather than taking substantive issue with any particular woman. Women who challenge social hierarchies face the most intense pushback, particularly those speaking in or about male-dominated fields, those perceived as feminist or otherwise noncompliant to gender norms, and those with multiple marginalized identities (e.g., women of color, LBTQ women, etc.). This often-unrecognized form of gender inequality constrains women’s use of digital public spaces, much in the way the pervasive threat of sexual intimidation and violence constrains women’s use of physical public spaces.

DebateVis: Visualizing Political Debates for Non-Expert Users

Political debates provide an important opportunity for voters to observe candidate behavior, learn about issues, and make voting decisions. However, debates are generally broadcast late at night and last more than ninety minutes, so watching debates live can be inconvenient, if not impossible, for many potential viewers. Even voters who do watch debates may find themselves overwhelmed by a deluge of information in a substantive, issue-driven debate. Media outlets produce short summaries of debates, but these are not always effective as a method of deeply comprehending the policies candidates propose or the debate techniques they employ. In this paper we contribute reflections and results of an 18-month design study through an interdisciplinary collaboration with journalism and political science researchers. We characterize task and data abstractions for visualizing political debate transcripts for the casual user, and present a novel tool (DebateVis) to help non-expert users explore and analyze debate transcripts.

Tyrer v United Kingdom (1979-80) 2 EHRR 1, European Court of Human Rights

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tyrer v United Kingdom (1979-80) 2 EHRR 1, European Court of Human Rights. The substantive issue in this case concerned whether state-inflicted corporal punishment was a breach of Article 3 of the European Convention on Human Rights. In ruling on the issue, the Court also established an interpretive doctrine—the Convention as a ‘living instrument’—which is the focus of this case note. The document also includes supporting commentary from author Thomas Webb.

R (on the application of Al-Skeini) v Secretary of State for Defence [2007] UKHL 26, House of Lords

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Al-Skeini) v Secretary of State for Defence [2007] UKHL 26, House of Lords. This case concerned the extra-territorial effect of the Human Rights Act 1998 (HRA)—that is, the effect of the HRA beyond the physical jurisdiction of the United Kingdom. The underlying substantive issue concerned six test cases where Iraqi civilians had died following interactions with British forces occupying the Iraqi city of Basra and the surrounding area. The document also includes supporting commentary from author Thomas Webb.