One of the relatively recent developments in the post-Brexit review of UK public procurement law is the February 2021 proposal for the replacement of the current rules on the commissioning of healthcare services for the purposes of the English NHS (for background, you can watch here), with a new provider selection regime (‘the proposal’). This proposal forms part of the broader set of proposed reforms contained in the Health and Care Bill 2021-22 (on which the House of Commons Library has published a useful research briefing).
byTony Prosser, Professor of Public Law, University of Bristol Law School.
The UK Government has proposed major changes to the organisation of its rail services, which were privatised and split between a large number of different companies in the 1990s. The change will introduce a new ‘guiding mind’ in the form of a public body, Great British Railways, which will be responsible for managing the infrastructure and for commissioning passenger services. The services, however, will continue to be provided under contract by private companies. (more…)
In an entry in the Encyclopedia of Law and Development, Edward Elgar Publishing, 2021, I examine the nexus of the seemingly straightforward concepts of law, race, and development. The full text can be accessed here or through your local library or other institutional channels. [Alternatively, contact me.] This blog post briefly summarises my reflections on this convergence. In the encylopedia entry itself, I explore how a critical examination of the nexus between the three [i.e. law, race, and development] uncovers how they co-constitute each other, sometimes in negative ways. It is important, however, to begin any examination with an understanding that ‘race’ is not a legitimate scientific categorisation of humanity – it is neither neutral or objective. (more…)
On 22 April 2021, the University of Bristol Law School hosted a closed meeting on the findings of the Human Rights Committee in A.S., D.I., O.I. and G.D. v Italy. The hosts of the event, Professor Sir Malcolm Evans and Dr Sofia Galani, welcomed academic experts on international human rights law and the law of the sea from UK, European and Australian institutions who reflected on the findings of the Human Rights Committee (the Committee) and discussed the potential impact of its findings on the future of human rights protection at sea. The facts of the complaint, the views of the Committee as well as the dissenting opinions are of great interest and are well worth being read in full. Here, we will only summarise some key points with a view to highlighting the significance of the decision and providing some background into the discussions. (more…)
One of the less enthusiastic endorsements of marriage is to be found in the words of St Paul’s first letter to the Corinthians: ‘it is better to marry than to burn’. His point was that celibacy was the best way to live, but those too weak to resist the temptations of the flesh could take the second best option of monogamous marriage. Before the Protestant Reformation in England, there were those who followed what this passage portrayed as the higher path, dedicating themselves to a life of celibacy and the service of God in monasteries and convents, but for most people, the expectation was marriage. Marriage and fire were, however, not as distant, one from the other, as St Paul’s words would imply. (more…)
In this seminar I argue for the need to think resistance to rape as part of a much broader feminist decolonial revolutionary praxis. I approach feminist anti-rape praxis in view of the consistent failure of criminal justice but also with an eye on the political present, which is characterised by profound inequality, state violence and repression, and the outright breakdown of many aspects of the social contract. To fully comprehend what the harm of sexual violence means and why it happens, we need to insist on a critical continuity between the diagnostic aspect of feminist philosophical scholarship on rape and a theoretically robust strategy for resistance.
by Professor Judy Laing, University of Bristol Law School
The government published a White Paper in January 2021 outlining proposals to reform the Mental Health Act in England and Wales. The government has consulted on these proposals and the consultation period closed a few weeks ago on 21st April 2021. We now await further announcements on the government’s plans following this consultation process. I am currently engaged in a parliamentary academic fellowship, working with Lizzie Parkin (a University of Bristol alumna) in the House of Commons Library Social Policy section. The Library offers an impartial research and information service for MPs and their staff. Part of my role involves working on research briefings to inform Members of Parliament on business in the House of Commons. Mental health law reform will no doubt be debated in parliament in the coming months and I have developed a detailed research briefing on the proposals in the White Paper to assist parliamentarians with that process. (more…)
By the ‘Fair Shares’ Project Team: Emma Hitchings, Caroline Bryson, Gillian Douglas, Susan Purdon and Donna Crowe-Urbaniak
Fair Shares – Sorting out money and property on divorce is a new study, funded by the Nuffield Foundation, which will explore the arrangements couples reach relating to their finances and property when they divorce. Using a large-scale survey and in-depth interviews, it will examine what arrangements they make, how they arrive at them and how well they think they have met their expectations. The aim is to provide hard data for law reformers seeking to update the law, and insights for judges, practitioners and divorcing couples themselves on ‘what works’ best. (more…)
by Imogen Moore (University of Bristol, Law School) and Lee Price (University of West of England)
Multiple choice tests (MCTs) can get a bit of a bad rap, sometimes seen as little more than quizzes to test basic knowledge, with no real place in a respectable law programme. But the acceleration of changes to teaching and assessment in response to the pandemic should prompt further consideration of the role of MCTs in academic legal education. And such consideration is particularly timely with MCTs now a key element of assessment for professional legal qualification under the recently approved new Solicitors Qualifying Examination (SQE). (more…)