Blog

Food Deserts In Appalachia: A Socio-Economic Ill and Opportunities for Reform

Nicholas Stump - 15th November 2016

Food deserts constitute a public health phenomenon in which communities lack sufficient access to nutritious whole foods.  The U.S. Appalachian region currently faces a food desert crisis of problematic proportions: this crisis stems from neoliberalism’s dire legacy and a rapidly transitioning energy sector, which have left the region devastated. To combat food deserts, the Appalachian […]

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EU Rights as British Rights

Eirik Bjorge - 14th November 2016

According to a carefully argued contribution by Professor Finnis in the Miller debate, rights under the European Communities Act 1972 ‘are not “statutory rights enacted by Parliament”’; they are only ‘rights under the treaty law we call EU law, as it stands “from time to time”’. Finnis thus purports to have broken the chain of […]

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The Cyprus Problem and EU Law: Ships Passing in the Night?

Louis Karaolis - 11th November 2016

Stripped to its core, the Cyprus Problem pertains to the illegal invasion of the Republic of Cyprus by Turkish forces in 1974 and the displacement of 180,000 Greek Cypriots from their homes. The invasion was followed by the establishment of a Turkish-Pseudo State and the stationing of 43,000 Turkish troops.  To this day, 37 per […]

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Speech and Spies: Why Sri Lanka’s New Counterterrorism Law is a Terrible Idea

Gehan Gunatilleke - 9th November 2016

A year ago, Sri Lanka promised the world that it would repeal its current Prevention of Terrorism Act (PTA). In a historic co-sponsored resolution, it assured the UN Human Rights Council (UNHRC) that it would replace the PTA with counterterrorism legislation that complies with international best practices. The current PTA is described as ‘draconian’, and […]

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Women and Poverty: A Human Rights Perspective

Meghan Campbell - 8th November 2016

Despite a renewed global commitment to reduce extreme poverty and achieve gender equality, women throughout the world continue to disproportionately live in poverty. While the causes of women’s poverty are complex and inter-locking, the role of patriarchal cultural and social norms cannot be overstated. Due these deeply embedded gender norms, throughout the world women perform […]

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The Least Dangerous Branch: Whose Role is it to Protect Parliamentary Sovereignty? Miller and the Human Rights Implications of Brexit

Sandra Fredman - 7th November 2016

One of the extraordinary outcomes of the Brexit referendum has been the insistence that the Government is entitled to exercise its powers in relation to the Brexit process without involving Parliament. In a constitution whose central principle is Parliamentary sovereignty, such claims must be viewed with deep suspicion. Human rights are already precarious if left […]

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Miller: Winning Battles and Losing Wars

Paul Craig - 4th November 2016

The claimants in Miller won the first round of the legal battle, since the High Court concluded that Parliament’s approval had to be forthcoming before Article 50 could be triggered. The ruling will now be tested before the Supreme Court. I entirely endorse the idea that Parliament should have voice in this process, as I […]

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A First Take on Miller – with a Note on the Human Rights Perspective

Max Harris - 3rd November 2016

The High Court today handed down its decision in Miller v Secretary of State for Exiting the European Union.  As has now been widely reported, the High Court found that the Government could not use its prerogative powers to trigger a notification under Article 50 of the Lisbon Treaty to withdraw from the European Union.  […]

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Having Regard to the UN Convention on the Rights of the Child

John Eekelaar - 31st October 2016

The Third Report of the Joint Committee on Human Rights for the Session 2016-7 has recommended the inclusion of a clause in the Children and Social Work Bill which would oblige a public authority exercising its functions relating to safeguarding and the welfare of children to have due regard to the UN Convention on the […]

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Brexit: Foundational Constitutional and Interpretive Principles: II

Paul Craig - 28th October 2016

This should be read with the previous posting. They are both designed to reveal underlying issues of constitutional and interpretive principle that pertain to Brexit. The previous post considered constitutional principles that pertain to Parliament’s voice in the Brexit negotiations. This post addresses foundational principles that affect the interpretation of Article 50 TEU, the key […]

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