Bringing together reflections from different members of the Centre for European and Public Law at the University of Bristol Law School, this collection focuses on the legacy of Conservative rule. Phil Syrpis questions how long the question of the UK’s relationship with the EU can be left to one side. Emily Hancox considers the various mechanisms adopted to deal with the legacies of EU law in the UK in the light of broader constitutional trends. Robert Greally reflects on the balance between the ‘politics of power’ and the ‘politics of support’ in the Conservative Party’s constitutional statecraft since 2010.
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Widely in legal education, research, and practice, and across different areas of legal jurisdiction, law is a discipline that is characterised by its sharp division into sub-disciplines. With this division comes super-specialisation. That specialisation has the effect of inviting in-depth focus on discrete areas of law and regulation, without claims to expertise or application across the whole. At the same time, though, there are some basic legal concepts and phenomena that span the different ways that we might carve up the legal system. One, of course, is the concept of law itself. And there is a diversity of others, such as rights, duties, enforceability, and burdens of proof. A significant concept on that list is the public interest: a consequential aspect of law and regulation in practice and legal analysis. (more…)
by Dr Michael Naughton, Reader in Sociology and Law (University of Bristol Law School and School of Sociology, Politics and International Studies (SPAIS))
This article asks if Mr Bates vs the Post Office is reviving a wider public concern for alleged innocent victims of wrongful convictions that was lost with the setting up of the CCRC?
Introduction
I remember Gerry Conlon once saying to me that he was glad that he was wrongly convicted in England rather than his native Northern Ireland. His reasoning was that it was so common for Catholics to be wrongly convicted in Northern Ireland during the so called ‘Troubles’ that those who were wrongly convicted were unlikely to even challenge their convictions because they didn’t have any confidence or faith in the system to overturn them. By contrast, Gerry continued, British people had such faith in their criminal justice system that when they found out through stories in the mainstream media, newspapers, television, radio, that innocent victims had been wrongful convicted they were so outraged that they bombarded their MPs and demanded that those convictions were overturned. (more…)
by Professor John Coggon, University of Bristol Law School
The Tobacco and Vapes Bill’s introduction to, and now passage through, Parliament has reignited debates on fundamentals of political authority and public health ethics; debates about the meaning and reach of fundamental freedoms, the scope and limits of the state’s protective functions, and ultimately the boundaries of legitimate government intervention. Amongst its provisions, particular interest has been sparked by the bill’s creation of an offence of selling tobacco products, herbal smoking products, and cigarette papers to persons born on or after 1st January, 2009, and the buying of such products for such persons. Questions have been raised about the coherence and justifiability of these measures. Limitations defined by reference to a fixed birth date rather than a specified age (say a ban regarding persons under 18) are not unprecedented. But they are extraordinary. However, both the extraordinariness here, and its moral significance, have been overstated. In this blog, I give background critical context, and then explain seven sorts of reasons why the bill’s approach is less remarkable than may be thought—and with that, rather harder to challenge. (more…)
by Professor Foluke Adebisi, University of Bristol Law School
In 2021, I, Suhraiya Jivraj and Ntina Tzouvala undertook a project to curate pedagogical perspectives on teaching legacies of empire in law schools across different continents. The result was an edited collection with a specific focus on post- and decolonial thought as well as on anti-racist methods in pedagogy. Decolonisation, Anti-Racism, and Legal Pedagogy: Strategies, Successes, and Challenges. Taylor & Francis, 2023.
With contributions from diverse jurisdictions, including India, South Africa, Australia, and Canada, the volume aims to critically examine the ways that decolonisation and anti-racism can be innovated in legal pedagogy. We hoped to demonstrate how teaching can be modified and adapted to address long-standing colonial and racial injustice in the curriculum. For more on our initial vision for the volume, see the original call for papers. (more…)
by Yana Simutina, Visiting Professor, University of Bristol Law School
(Photo: UNDP in Ukraine/Internews)
The digitalisaton and emergence of the gig economy has led to significant changes in employment and labour relations around the world. As businesses seek more flexible and cost-effective solutions for hiring workers, policymakers are considering adapting the regulatory framework to the challenges of new forms work. Ukraine, a country undergoing economic and social transformation, has experienced growth in the digital sector over the last decade (especially before the full-scale Russian invasion). Against this background, a new legal framework for IT companies is called Diia.City was launched in 2021 by adopting the Law on Stimulating the Development of the Digital Economy in Ukraine (LSDDE). The LSDDE introduced new legal concepts such as the ‘gig contract’, which is not legally defined or applied in other jurisdictions or EU law. In any case, the use of the term ‘gig’ is associated with digital platforms and fragmented activities carried out outside the framework of traditional forms of employment, with irregular or additional income without labour protection. Given that the ‘gig contract’ category has a rather negative connotation from a labour law perspective, several questions arise. First, what are the potential benefits and challenges of this employment model? Secondly, in a broader context, are gig contracts a sustainable solution to the challenges of employment relations in the digital economy, or do they further blur the boundaries between civil and labour law? (more…)
By Dr Colin Nolden, University of Bristol Law School
With carbon emissions of around 25tCO2 per capita (global average around 4.5tCO2eq per capita) and energy demand of around 150MWh per capita (global average around 20MWh per capita), both among the 5 highest in the world, the UAE is on a per capita basis one of the largest contributors to climate change. And the host of COP28, the 28th Conference of the Parties, the main decision-making body of the UNFCCC. This makes uncomfortable reading, especially given the lack of progress in tackling human-made climate change. Then again, it probably does not matter where COPs are held as it is the agreements which countries commit to, and their success in fulfilling these commitments, which ultimately count. The number of fossil fuel business representatives makes equally uncomfortable reading. But maybe the number of fossil fuel lobbyists is a sign that they are taking COPs more seriously and rightly recognize strong action on climate change as a challenge to business as usual. Their desire to have their voices heard is testament to their recognition of the importance of the UNFCCC’s process and progress on climate policy more generally. (more…)
by Dr Alice Venn, University of Bristol Law School
COP28 represented a crucial juncture for international climate law in permitting some initial conclusions to be drawn surrounding the efficacy of the innovative mixed regulatory approach adopted in the Paris Agreement. The legally binding nature of the Paris Agreement provisions have previously been the subject of debate in climate law and policy literature, both in terms of the language of the provisions, many of which are not worded to create clear and concrete obligations for the States Parties, and for the use of soft law to accommodate a more inclusive approach to global climate mitigation. We saw a marked shift away from the Kyoto Protocol model of legally binding targets for greenhouse gas emissions reductions applying only to Annex 1 developed States Parties and backed by an enforcement branch, to a soft law bottom-up system of Nationally Determined Contributions (NDCs) to emissions reductions which includes developing states and permits self-determined action in line with national capabilities. This system was crucially backed by the Paris Agreement Transparency Framework in Article 13, by the Implementation and Compliance Committee in Article 15, and by a system of 5-yearly global stocktakes from 2023 onwards in Article 14 to create accountability and measure progress in line with the overarching goals of the Agreement to keep global warming to well below 2°C above pre-industrial levels, with an ambition for 1.5°C. (more…)
