Bristol Scholars – University of Bristol Law School Blog

Does UK government’s response to Afghan refugees belie its anti-refugee policies?

Posted on September 20, 2021September 15, 2021 by foluke.adebisi

by Kathryn Allinson, Lecturer in Law, University of Bristol

Afghans constitute the second largest refugee population in the world with 2.6 million Afghan refugees registered globally. After almost continuous armed conflict since 1978, many of these individuals are in a ‘protracted refugee situation’ having been in refugee camps for over 40 years without access to what the United Nations High Commissioner for Refugees (UNHCR) calls ‘durable solutions’ (resettlement, return or local integration – see UNHCR Global Trends Report 2018 p.22 and 27). However, the recent escalation in the crisis in Afghanistan has seen the numbers of people being displaced reaching over 330,000 since the start of this year, according to UNHCR. Numbers of newly displaced persons are expected to rise to 500,000 over the coming weeks. (more…)

Are there any gains to be had from the proposed new provider selection model for NHS commissioning?

Posted on August 23, 2021August 23, 2021 by foluke.adebisi

By Prof Albert Sanchez-Graells, Professor of Economic Law (University of Bristol Law School).

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).

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What are Britain’s Plans for Major Reform of Rail Services?

Posted on July 12, 2021July 8, 2021 by foluke.adebisi

by Tony 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…)

Hidden Law-makers: Uncovering ‘tiers of invisibility’ in the law on best interests

Posted on June 28, 2021June 24, 2021 by foluke.adebisi

by Suzanne Doyle Guilloud, Senior Research Associate, University of Bristol Law School

Since November 2018, BABEL (‘Balancing Best Interests in Healthcare Ethics and Law’), a joint Wellcome Trust funded project between the Centre for Ethics in Medicine (CEM) and the Centre for Health, Law, and Society (CHLS), has been researching the nature and purpose of the concept of ‘best interests’ as it applies to both adults and children deemed to lack decision-making capacity in healthcare matters in England and Wales. (more…)

The Convergence of Law, Race, and Development

Posted on June 7, 2021June 8, 2021 by foluke.adebisi

by Foluke Adebisi, University of Bristol Law School

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…)

The Views of the Human Rights Committee in A.S., D.I., O.I. and G.D. v Italy and the Right to Life at Sea

Posted on May 31, 2021May 28, 2021 by foluke.adebisi

by Professor Sir Malcolm Evans & Dr Sofia Galani (University of Bristol)

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…)

To Marry and to Burn: Punishing domestic treachery in medieval England

Posted on May 24, 2021May 19, 2021 by foluke.adebisi

By Gwen Seabourne, University of Bristol Law School

*Photo credit: Photo by Zachary Kadolph on Unsplash*

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…)

Resisting Rape as Revolutionary Praxis

Posted on May 17, 2021May 13, 2021 by foluke.adebisi

by Yvette Russell*, The Law School, University of Bristol

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.

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Modernising the Mental Health Act: Will more rights lead to less wrongs?

Posted on May 12, 2021May 10, 2021 by foluke.adebisi

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 21^st 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…)

Maintaining a Former Spouse: Villiers v Villiers and family law in England, Wales & Scotland

Posted on May 10, 2021May 7, 2021 by foluke.adebisi

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…)