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Browse \ Sections \ Public Law & Human Rights \ Section Pick
Biased Judgment or Baseless Accusation? Impartiality in the Courts
It is of fundamental importance that justice is done and seen to be done - a key part of this is that the judiciary are impartial in their decision making. However, bias may undoubtedly seep through in some cases. The Court of Appeal considered where to draw the line in 2018.
12:00, 15th January 2019
Revoking Article 50: Explaining the Possibility to Stop Brexit
As more and more evidence points to the fact that Brexit could become a catastrophic failure, the question of whether the notification of Article 50 can be reversed has arisen. This article explains the vital CJEU judgment, and AG Campos Sánchez-Bordona's Opinion, on the matter.
12:00, 11th December 2018
Constitution & Convention: What’s Stopping A Second Brexit Referendum?
The vote for the United Kingdom to leave the European Union on 23 June 2016 has proven difficult for many to accept. As such, there is an increasingly popular movement of citizens campaigning for a second referendum. Such a vote, however, may prove politically and legally impossible.
12:00, 9th November 2018
The Matrix Has You: Stop and Search in the Age of ‘Intelligence Policing’
The Gang Matrix is an online database used by the police to document and track gang members. However, recent reports from StopWatch and Amnesty International raise concerns about the database's legitimacy. This has a number of implications, in particular for racial targeting and individual privacy
11:00, 26th October 2018
The Beatles Duo: Applying Precedent to a Human Rights and Judicial Review Claim
A recent leaked letter by Sajid Javid MP to the American Attorney General demonstrated Javid is not seeking assurance the US will not use the death penalty on the Isis 'Beatles duo'. This move has been called ‘unprincipled, incompetent, and almost certainly unlawful.’
11:00, 18th September 2018
How the Home Office Misused Anti-Terror Legislation Against Skilled Migrants
Paragraph 322(5) of the Immigration Rules provides the Home Office with a broad power to refuse immigration applications. One of the grounds of refusal is 'undesirable conduct'; recently, the Home Office has misused this ground to target skilled migrants who make minor tax mistakes.
11:00, 17th August 2018
The Treatment of Negligent Doctors: Reflections on the Dr Bawa-Garba Case
The case of a junior doctor stripped of her medical licence following the death of a six-year-old triggered mass outcry among medical professionals. In their view, it showed the current law's failure to appreciate how systemic issues in the NHS can lead to human error. Should the law be reformed?
11:00, 24th July 2018
Enhancing Privacy and Data Protection: The GDPR and the Road Ahead
The previous legislation responsible for governing data protection had problems. It is therefore welcome that the GDPR enhances the protection over individuals’ privacy rights: it is a significant step in the right direction, filling in gaps previously left to the courts to cover.
11:00, 5th June 2018
Taming the Dragon: Keeping Welsh Law Accessible in the Devolution Age
Changes to the devolution arrangement have highlighted an increasing problem for Welsh lawyers: the inaccessibility of Welsh law. As Supreme Court justice Lord Lloyd-Jones explained in a recent speech, there are several ways to resolve this issue. His proposal is preferable, but still has flaws.
11:00, 15th May 2018
Proposed Changes to Organ Donation Miss the Heart of the Issue
A Private Members' Bill proposing changes to organ donation has recently passed its second reading in Parliament. However, the proposed soft opt-out scheme is the incorrect route to take; instead, attention should be given to changing societal attitudes towards organ donation.
11:00, 3rd April 2018
A Christian Marginalisation Narrative? Religious Symbols in the Workplace
Several decisions concerning attempts by Christian employees to manifest their religion at work have prompted concerns of a 'Christian marginalisation narrative' in discrimination law. However, such concerns are unfounded: they stem from attaching undue significance to isolated cases.
12:00, 23rd March 2018
Love v United States of America: A Victory for Justice?
The High Court's decision to block the extradition of Lauri Love - an alleged computer hacker - to the USA has attracted significant media coverage: many have treated it as a referendum on a number of causes. Yet, in actual fact, the decision is far narrower than such coverage has made out.
19:00, 11th February 2018
Inked: Should Doctors Honour a Patient's DNR Tattoo?
The case of an unidentified patient in a Miami hospital has sparked debate upon medical lawyers and practitioners about how doctors should treat 'Do Not Resuscitate' tattoos. In the USA, the doctors showed a willingness to honour the tattoo; would and should English doctors follow suit?
12:00, 5th January 2018
A Study of Damaging Discourse: Regulating Female Genital Cutting
A polarised discourse on the subject of Female Genital Cutting that has tended to focus upon the writers themselves rather than their arguments has impacted upon the development of effective and coherent regulation of the practice. This leaves contradictions in the law that need to be resolved.
12:00, 12th December 2017
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