Tag Archives: think piece

Regulatory defection in electricity markets

By Dr Colin Nolden, Vice Chancellor’s Fellow researching in Sustainable City Business Models (University of Bristol Law School).*

Graphic by Sarah Harman. Taken from energy.gov.

Electricity systems are undergoing rapid transformation. An increasing share of previously passive consumers is defecting energy demand and supply from the public electricity network (grid) as active ‘prosumers’ while technological and business model innovation is enabling demand-side resources to provide reliable and cost competitive alternatives to supply capacity.

Yet, centralised supply-focused market structures dominated by legacy infrastructures, technologies and supply chains associated with path-dependencies and technological lock-ins continue to dominate. Regulation has been designed around these existing supply-focused markets and structures rather than networks of the future capable of integrating and facilitating smart, flexible systems. Current systems and their regulatory frameworks are struggling to engage and integrate a range of technological, economic and social innovations promising consumer-oriented solutions to environmental problems. Continue reading

Why Read Kant’s Anthropology?

By Dr Basil Salman, Teaching Associate in Law (University of Bristol Law School).

When I was a graduate student, I became very interested in one of Immanuel Kant’s lesser-known works, his Anthropology from a Pragmatic Point of View. In this weird and wonderful book, which has received renewed attention in recent years, we see a very different side of Kant to the one we are used to. It is a Kant removed from the transcendental idealism of the Critique and the abstract principles of the Groundwork; and with the aim, not of explaining the basis of knowledge or morality, but of offering a practical guide to living. What we find in the Anthropology is a kind of applied ethics: a number of observations about human activity, coupled with guidance on how to live successful lives. We find advice on how to use the imagination, how to remain good-tempered, and even how to hold a good dinner-party.

One may well wonder why we should be concerned with a work like this. No doubt there are a number of reasons why I myself became attached to it (some of these strategic of course—the most obvious being that I wanted something new and interesting to write about for my dissertation!). But despite the fact that numerous passages from Kant’s Anthropology strike us as odd, undeveloped, and rather disconcerting today, I think there is a lot in it that recommends itself to us as legal scholars. Indeed, going back and revisiting my thinking from that time, I should like here to offer some reasons why I think legal philosophers should go ahead and read it.  Continue reading

One benefit, one payee – does Universal Credit encourage financial abuse?

By Ms Marilyn Howard, Researcher, Productive Margins Project (University of Bristol Law School). *

The Government’s flagship benefit reform, Universal Credit, could be sailing into choppy waters. Universal credit aims to simplify benefits and to make work pay. It does this through amalgamating different means-tested benefits and tax credits, paid for different purposes and potentially payable to a different member of a couple. Included in Universal Credit are payments previously paid separately for housing costs and for children (Child Tax Credit).

Because it is one benefit, only one partner in a couple is paid Universal Credit – even though a couple has to make a joint claim. As charities and women’s groups have pointed out, this concentrates power and resources in the hands of that one partner, which risks encouraging financial abuse. Also by lumping child payments in with other benefits, the advantage of a clearly-labelled payment for children, which was paid to the person responsible for a child, could be lost.

Continue reading

Strengthening the Capacity for Ethical Public Health

By Prof John Coggon, Professor of Law and Co-Director of the Centre for Health, Law, and Society (University of Bristol Law School).  Honorary Member of the Faculty of Public Health.*

© Rookuzz..

Public health is proudly an evidence-based field. But evidence without values cannot tell us what we should do.

We need public health ethics if we are to understand and explain, by reference to the classic definition of public health advanced by Winslow, what we, as a society, ought to do to assure the conditions in which people can enjoy good health and equitable prospects for health. Using the ‘organised efforts of society’ to protect and promote health and well-being is an ethical goal—indeed, as many of us would argue, it is an ethical imperative. And to be achieved, it requires law and policy. To evaluate when threats to health warrant a public health response, scientific analyses must be complemented by matters such as the balancing of values, an assessment of the relative merits of different possible interventions, an appreciation of the likely risks and impacts of intervening, and a sensitivity to political and cultural contexts and realities. Continue reading

Retained EU law in the EU (Withdrawal) Bill: A Reaction to the House of Lords Constitution Committee Report

By Prof Michael Ford QC, Professor of Law, and Prof Phil Syrpis, Professor of EU Law (University of Bristol Law School).*

On 29 January the House of Lords Constitution Committee delivered a withering assessment of the EU (Withdrawal) Bill, describing it as ‘fundamentally flawed from a constitutional perspective in multiple ways’. Alongside trenchant criticisms of the delegated powers in the Bill, and the effects for the devolution settlement, the Committee’s Report focuses on the definition and status of ‘retained EU law’.

The aim of this short post is to explore some of the implications of the Committee’s approach to this vexed question. If, as the Committee recommends, ‘retained EU law’ is defined narrowly, it will have the virtue of restricting the scope of the Henry VIII Henpowers in clause 7, which only apply  to operational problems and deficiencies in relation to ‘retained EU law’. But a narrow definition gives rise to problems elsewhere. ‘Retained EU law’ is also the definition used for the purpose of the continuing application of existing CJEU case law and retained general principles of EU law under clause 6. Questions as to the validity, meaning and effect of pre-Brexit UK law which is not ‘retained EU law’ are therefore excluded from these interpretative provisions. In the Bill as worded, it is not clear if this difficulty is resolved by the operation of the principle of supremacy of EU law referred to in clause 5, the meaning and effect of which is very opaque. The Committee recommends that the principle of the supremacy of EU law be abandoned altogether; but if its approach were to be followed, there would be no EU principles which would apply to any law currently in the field of EU law which is not ‘retained EU law’. The implications are assessed by reference to the Equality Act 2010 (EqA). Continue reading

Sanctuary Scholarships as a commitment and first step towards truly inclusive access to higher education

By Dr Katie Bales, Lecturer in Law (University of Bristol Law School).*

Sanctuary Scholarship rep and undergraduate student Stella Ogunlade presenting at a conference on the importance of sanctuary scholarships.

On 8 June 2016, the University of Bristol announced the launch of the ‘Sanctuary Scholarship scheme’ which provides access to higher education for forced migrants facing major barriers in accessing education. In doing so, Bristol joined a cohort of like-minded Universities seeking to provide space and sanctuary for those forced to flee their countries of origin. At present, for example, there are approximately 40 Universities in the UK offering scholarships to forced migrants.

This seemingly noble position is a necessary one as there are many obstacles facing forced migrants wishing to pursue University education – the most significant of which is that student loans are not available to: asylum seekers claiming refugee status; refused asylum seekers; or those with discretionary leave to remain in the UK. As the majority of these persons are also prohibited from working, University fees remove any possibility of their accessing higher education. Continue reading

Why the current DPP must be replaced with immediate effect and a royal commission on disclosure is urgently needed [with postscript]

By Dr Michael Naughton, Reader in Sociology and Law (University of Bristol Law School and  School of Sociology, Politics and International Studies (SPAIS)).

Last Thursday (18 January 2018), the Director of Public Prosecutors (DDP), Alison Saunders, made the remarkable statement on BBC Radio 4’s Today Programme that ‘no innocent people are in prison because of failures to disclose vital evidence, despite admitting there is a “systemic issue”.

Whatever her precise intentions, there is little doubt that the most senior prosecutor in England and Wales’s wilful refusal to acknowledge the reality of miscarriages of justice and that innocent people can be and are wrongly convicted and imprisoned only stoked the burgeoning crisis in the existing disclosure regime that governs alleged criminal investigations and prosecutions.

Variously described as ‘ill informed’, ‘complacent’ and ‘part of the current problem’, in this blog I critically evaluate the DPP’s statement in the context of her duties under the terms of the Code for Crown Prosecutors and the perennial problem of miscarriages of justice and wrongful imprisonment in England and Wales.

Moreover, in the context of a growing lack of confidence in the DPP and the disclosure regime in alleged criminal investigations and prosecutions, I will make the case that the DPP should be immediately replaced and for governmental intervention in the form of a royal commission to get to the heart of the apparent problems and devise solutions to fix a system that is clearly broken and in urgent need of repair. Continue reading

The Irish conundrum exposes the harsh realities of Brexit

By Prof Phil Syrpis, Professor of EU Law (University of Bristol Law School).

On Monday 4 December 2017, we reached what may prove to be a key staging post on the long, and winding, road which may or may not be leading us towards Brexit. Progress to phase 2 of the withdrawal negotiations, in which the UK and EU will be able to begin to discuss their future relationship, is, as stipulated by the EU and agreed by the UK Government, dependent on ‘sufficient progress’ in relation to the divorce bill, citizens’ rights, and Ireland. The clock towards March 2019 is ticking.

By Monday morning, it appeared that a methodology for calculating the divorce bill had been agreed, and that sufficient guarantees relating to the protection of citizens’ rights had been offered (though it should be noted that various difficult issues, including in relation to the future role of the CJEU, appear to have been left to phase 2). It was also reported that an agreement had been reached that there was ‘to be no divergence from those rules of the internal market and the customs union, which now or in the future, support North South cooperation and the future of the Good Friday Agreement’, a form of words which appears to have been agreed in Brussels, Dublin and London. Reading that, it is not clear whether the leaked agreement contemplated harmonisation between the EU (including Ireland) and Northern Ireland specifically; or between the EU (including Ireland) and the UK as a whole.

Enter the DUP. Arlene Foster made it clear that the DUP would not accept ‘any form of regulatory divergence which separates Northern Ireland economically or politically from the rest of the United Kingdom’. Suddenly, the deal was off. Had the UK been agreeing to a lack of divergence between Ireland and the UK as a whole, the DUP’s concern would not have resonated. It is only possible to conclude that, in order to allow the withdrawal negotiations to move forward, the UK Government was contemplating a regime in which divergence within the island of Ireland was to be managed, while the rest of the UK retained the freedom to distance itself more sharply from EU (including Irish) rules. A chorus of voices, from Scotland, Wales and London (and also, I believe, Grimsby), predictably rose to demand an equivalent right to similar special treatment, seeking to protect their own special relationships with the EU. We wait to see how the Government will react.

This short contribution aims to illustrate that there are now hard questions for the Government to confront. If Ireland is in the single market and customs union and Northern Ireland is not, there will need to be a border on the island of Ireland, and, as Anand Menon wrote yesterday, any increase in regulatory divergence in Ireland would impact significantly on people’s lives there (he references health care, agriculture, transport, and energy). If the island of Ireland is to remain in the single market and customs union (or, and I will come back to this shortly, be the subject of an equivalent arrangement ensuring continued regulatory alignment) and the rest of the UK is not, there will need to be a border across the Irish Sea. Continue reading

The Models of Parliamentary Sovereignty

By Mr Marc Johnson, Teaching Associate in Law (University of Bristol Law School).

By Mайкл Гиммельфарб (Mike Gimelfarb) – https://commons.wikimedia.org/w/index.php?curid=5049123

The concept of Parliamentary Sovereignty (also referred to as Parliamentary Supremacy and Legislative Supremacy) deals with several concurrent principles and this makes it a complicated concept to grasp in its entirety. Coupled with this, the media portrayal of this subject through the campaigns on the referendum on exiting the European Union often gave a disingenuous or incomplete view of the Sovereignty of Parliament and as such there are many misconceptions.

This blog piece will address those misconceptions by setting out the models of Parliamentary Sovereignty. These models attempt to explain the way which sovereignty operates, though it may not have escaped the reader’s attention by this blog’s conclusion that each model has positive and negative attributes. This blog offers some opinion on each model of sovereignty to incite further discussion and debate on the topic.  Continue reading

Transgender Rights in the United Kingdom and Ireland: Reviewing Gender Recognition Rules

By Mr Peter Dunne, Lecturer in Law (University of Bristol Law School).

In the coming months, the United Kingdom (UK) and Irish governments will (separately) review the legal processes by which transgender (trans) persons can have their preferred gender (currently referred to as the ‘acquired gender’ in UK law) formally recognised. Drawing upon my scholarship from recent years, in this post, I consider current movements for reform in the UK and Ireland, with a particular focus on trans minors (who are largely excluded from the UK and Irish frameworks) and non-binary individuals. I conclude this discussion, in the last section, by reviewing the question of ‘self-determination’, and asking if/how the UK can move beyond its current diagnosis-orientated recognition model. Continue reading

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