Outputs (672)

Good act, poor implementation: the report of the House of Lords Post-Legislative Scrutiny Committee on the Mental Capacity Act 2005 (2014)
Journal Article
Bartlett, P. (2014). Good act, poor implementation: the report of the House of Lords Post-Legislative Scrutiny Committee on the Mental Capacity Act 2005

The House of Lords Post-Legislative Scrutiny Committee on the Mental Capacity Act 2005 reported on 13 March 2014. This paper considers the findings and recommendations of the Committee, and in particular its two key recommendations – the establishme... Read More about Good act, poor implementation: the report of the House of Lords Post-Legislative Scrutiny Committee on the Mental Capacity Act 2005.

A twenty-five year project: an analysis of the Special Court for Sierra Leone’s Conditional Release Scheme (2014)
Journal Article
Mulgrew, R. (2014). A twenty-five year project: an analysis of the Special Court for Sierra Leone’s Conditional Release Scheme

Two steps backward and one step forward: the cautionary tale of Bank Mellat (No 1) (2014)
Journal Article
Sargeant, C. (2014). Two steps backward and one step forward: the cautionary tale of Bank Mellat (No 1). Cambridge Journal of International and Comparative Law, 3(1), 111-123. https://doi.org/10.7574/cjicl.03.01.184

This paper considers the recent decision of the UK Supreme Court in Bank Mellat (No 1). It argues that whilst the initial decision to enter into a CMP was unjustified, the conditions imposed on its use will ultimately mean that the legacy of the deci... Read More about Two steps backward and one step forward: the cautionary tale of Bank Mellat (No 1).

Holding non-state actors to account for constitutional economic and social rights violations: experiences and lessons from South Africa and Ireland (2014)
Journal Article
Nolan, A. (in press). Holding non-state actors to account for constitutional economic and social rights violations: experiences and lessons from South Africa and Ireland. International Journal of Constitutional Law, 12(1), https://doi.org/10.1093/icon/mot066

The horizontal application of human rights to non-state actors (NSA) is an evolving and contested legal area both comparatively and at the international level. In light of this, the article discusses mechanisms by which NSA who violate constitutional... Read More about Holding non-state actors to account for constitutional economic and social rights violations: experiences and lessons from South Africa and Ireland.

PACE, performance targets and legal protections (2014)
Journal Article
Kemp, V. (2014). PACE, performance targets and legal protections. Criminal Law Review, 2014(4),

Managerial influences in the criminal justice system have become increasingly dominant over recent years. There has also been a drift towards summary justice, with the police formally dealing with a significant proportion of cases out-of-court. In th... Read More about PACE, performance targets and legal protections.

Mainstreaming support for the ICC in the EU's policies (2014)
Report
Bekou, O., & Mistry, H. (2014). Mainstreaming support for the ICC in the EU's policies

The European Union and its Member States have been the staunchest supporters of the ICC system of international criminal justice in the last two decades. That system is now at a critical juncture. With a view to the future, it is necessary to examine... Read More about Mainstreaming support for the ICC in the EU's policies.

Taking wishes and feelings seriously: the views of people lacking capacity in Court of Protection decision-making (2014)
Journal Article
Munro, N. (2014). Taking wishes and feelings seriously: the views of people lacking capacity in Court of Protection decision-making. Journal of Social Welfare and Family Law, 36(1), 59-75. https://doi.org/10.1080/09649069.2014.886878

The Mental Capacity Act requires that where a person (P) lacks capacity to make a decision her wishes and feelings be taken into account when deciding what is in her best interests. This article considers how the Court of Protection evaluates evidenc... Read More about Taking wishes and feelings seriously: the views of people lacking capacity in Court of Protection decision-making.

The end of application of international humanitarian law (2014)
Journal Article
Milanovic, M. (2014). The end of application of international humanitarian law. International Review of the Red Cross, 96(893), https://doi.org/10.1017/S181638311500003X

This article provides a systematic overview of the rules governing the end of application of international humanitarian law, or the law of armed conflict. It articulates the general principle that unless there is a good reason of text, principle or p... Read More about The end of application of international humanitarian law.

Article 30: protection in the event of unjustified dismissal (2014)
Book Chapter
Kenner, J. (2014). Article 30: protection in the event of unjustified dismissal. In S. Peers, T. Hervey, J. Kenner, & A. Ward (Eds.), The EU Charter of Fundamental Rights: a commentary. Hart Publishing

Lone wolf terrorism in Norway (2014)
Journal Article
Appleton, C. (2014). Lone wolf terrorism in Norway. International Journal of Human Rights, 18(2), 127-142. https://doi.org/10.1080/13642987.2014.889390

Anders Behring Breivik’s massacre of 77 people on 22 July 2011 sheds light once again on the dangers and potential dangers posed by ‘lone wolf’ or lone operator terrorist acts. As demonstrated on 22 July, the lone wolf operational model presents a nu... Read More about Lone wolf terrorism in Norway.