bluuebunny/crossref_metadata_2025 huggingface dataset:
Elisabeta Dano and Florin Dano v Jobcenter Leipzig (Case C-333/13), EU:C:2014:2358, [2014] ECR I-2358, 11 November 2014
Authors: O'Meara Noreen
Published: September 2022

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Elisabeta Dano and Florin Dano v Jobcenter Leipzig (Case C-333/13), EU:C:2014:2358, [2014] ECR I-2358, 11 November 2014. The document also includes supporting commentary from author Noreen O’Meara.
Jobcenter Berlin Neukölln v Nazifa Alimanovic and others (Case C-67/14), EU:C:2015:597, 15 September 2015
Authors: O'Meara Noreen
Published: September 2022

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Jobcenter Berlin Neukölln v Nazifa Alimanovic and others (Case C-67/14), EU:C:2015:597, 15 September 2015. The document also includes supporting commentary from author Noreen O’Meara.
Tjebbes and others v Minister van Buitenlandse Zaken (Case C-221/17), EU:C:2019:189, 12 March 2019
Authors: O'Meara Noreen
Published: September 2022

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tjebbes and others v Minister van Buitenlandse Zaken (Case C-221/17), EU:C:2010:104, [2010] ECR I-1449, 12 March 2019. The document also includes supporting commentary from author Noreen O’Meara.
R.O. (Case C-327/18 PPU), EU:C:2018:733, 19 September 2018
Authors: O'Meara Noreen
Published: September 2022

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R.O. (Case C-327/18 PPU), EU:C:2018:733, 19 September 2018. The document also includes supporting commentary from author Noreen O’Meara.
Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223, Court of Appeal
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223, Court of Appeal. This case note considers the concept of unreasonableness as articulated in Wednesbury and reflects on its relationship to that of proportionality. The document also includes supporting commentary and questions from author Thomas Webb.
Attorney General for New South Wales v Trethowan [1932] AC 526, Privy Council
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney General for New South Wales v Trethowan [1932] AC 526, before the Privy Council. This case concerned whether provisions enacted by an earlier legislature could bind the legislative choices of future legislatures. It should be noted that this case relates to a dominion legislature. The document also includes supporting commentary and questions from author Thomas Webb.
British Railways Board v Pickin [1974] AC 765, House of Lords
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in British Railways Board v Pickin [1974] AC 765, House of Lords. The case concerned the unwillingness of the courts to look behind the process by which statutes were enacted by Parliament. The case note explores the wider implications of this position in the context of debate between orthodox and alternative conceptions of parliamentary sovereignty, and the notion of constitutional statutes. The document also includes supporting commentary and questions from author Thomas Webb.
Case of Proclamations [1610] 77 ER 1352, 12 Co Rep 74, King’s Bench
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Case of Proclamations [1610] 77 ER 1352 12 Co Rep 74, King’s Bench. This classic public law case concerned whether the King could rule by proclamation, or whether he was required to rule through Parliament. It provides one of the core foundations of the law limiting the scope of the royal prerogative today. The document also includes supporting commentary and questions from author Thomas Webb.
Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374, House of Lords (also known as the GCHQ case)
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374, House of Lords (also known as the GCHQ case). This case note discusses both the ‘new nomenclature’ (Lord Roskill at 415) of judicial review established by Lord Diplock, and the House of Lords’ conclusion that prerogative powers are, in principle, reviewable by the courts. There is also discussion of the deployment of national security arguments to avoid review. The document also includes supporting commentary and questions from author Thomas Webb.
Donoghue v Poplar Housing and Regeneration Community Association Limited and another [2001] EWCA Civ 595, Court of Appeal
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Donoghue v Poplar Housing and Regeneration Community Association Limited and another [2001] EWCA Civ 595, Court of Appeal. This case concerned whether Poplar Housing was a public body for the purposes of s. 6(3)(b) of the Human Rights Act 1998 (HRA). Public bodies are required to act in accordance with the HRA. The document also includes supporting commentary and questions from author Thomas Webb.
Entick v Carrington [1765] 95 ER 807, King’s Bench
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Entick v Carrington [1765] 95 ER 807, King’s Bench. This case concerned the legality of a warrant issued by one of the King’s Secretaries of State, the Earl of Halifax, which purported to authorize four of the King’s messengers to search for and take Entick’s papers and property. The case is a seminal judgment on the rule of law, the powers of government, and the nature of the legal system. The document also includes supporting commentary and questions from author Thomas Webb.
Imperial Tobacco Ltd v The Lord Advocate (Scotland) [2012] UKSC 61, Supreme Court
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Imperial Tobacco Ltd v The Lord Advocate (Scotland) [2012] UKSC 61, Supreme Court. This case concerned the devolved legislative competence of the Scottish Parliament, the powers reserved to the Westminster Parliament under the Scotland Act 1998, and how these provisions should be interpreted. The statutory interpretation of constitutional legislation is also considered. The document also includes supporting commentary and questions from author Thomas Webb.
Ireland v United Kingdom (1979-80) 2 EHRR 25, European Court of Human Rights
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Ireland v United Kingdom (1979-80) 2 EHRR 25, European Court of Human Rights. This case concerned whether interrogation techniques employed by the United Kingdom in Northern Ireland between 1971 and 1975 amounted to torture or inhuman or degrading treatment, contrary to Article 3 of the European Convention on Human Rights. More generally, the case note considers the differences between absolute, limited, and qualified rights. The case predates the passage of the Human Rights Act 1998. The document also includes supporting commentary and questions from author Thomas Webb.
Jackson v HM Attorney General [2005] UKHL 56, House of Lords
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Jackson v HM Attorney General [2005] UKHL 56, House of Lords. This case concerned the interpretation of the Parliament Acts 1911 and 1949 and the implications of this interpretation for the relationship between the Houses of Parliament. The case also contained important obiter from the House of Lords on the nature of parliamentary sovereignty. The document also includes supporting commentary and questions from author Thomas Webb.
R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No. 2) [2000] 1 AC 119, House of Lords
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No. 2) [2000] 1 AC 119, House of Lords. This case considered what types of interest, in addition to pecuniary interests, should require a judge to recuse themselves from sitting on a case. The document also includes supporting commentary and questions from author Thomas Webb.
R v Inland Revenue Commissioners, ex parte National Federation of the Self Employed and Small Businesses Ltd [1982] AC 617, House of Lords (also known as Fleet Street Casuals)
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Inland Revenue Commissioners, ex parte National Federation of the Self Employed and Small Businesses Ltd [1982] AC 617, House of Lords (also known as the Fleet Street Casuals case). This case concerns when and how an assessment of an applicant’s standing (or interest, locus standi) should be made for the purposes of determining whether they may bring a judicial review. Lord Diplock’s judgment provided a liberal approach to the assessment of standing as compared with the approaches offered by his fellow judges. The document also includes supporting commentary and questions from author Thomas Webb.
R v Inspectorate of Pollution, ex parte Greenpeace Ltd (No. 2) [1994] 2 CMLR 548, High Court (Queen’s Bench Division)
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Inspectorate of Pollution, ex parte Greenpeace Ltd (No. 2) [1994] 2 CMLR 548, High Court (Queen’s Bench Division). This case concerned whether organizations could demonstrate a sufficient interest for the purposes of bringing a judicial review on the basis of their expert knowledge and the public interest in bringing an application for review. The document also includes supporting commentary and questions from author Thomas Webb.
R v Lord Chancellor, ex parte Witham [1998] QB 575, Queen’s Bench Divisional Court
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Lord Chancellor, ex parte Witham [1998] QB 575, High Court (Queen’s Bench Division). This case concerns the constitutionality of fees payable to access court processes where the applicant’s limited financial means render them unable to pay those fees. More generally it concerns the capacity of the common law to provide rights protections, notwithstanding the Human Rights Act 1998. The document also includes supporting commentary and questions from author Thomas Webb.
R v Secretary of State for the Home Department, ex parte Brind [1991] UKHL 4, House of Lords
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for the Home Department, ex parte Brind [1991] UKHL 4, House of Lords. The case considered whether the Secretary of State could restrict the editorial decisions of broadcasters as regards the way in which messages from spokespersons for proscribed organizations were broadcast. The United Kingdom was a signatory to the European Convention on Human Rights (ECHR) when the case was heard, but the case also predates the passage of the Human Rights Act 1998. There is discussion of the legal position of the ECHR under the common law in the United Kingdom, and the concept of proportionality in United Kingdom’s domestic jurisprudence. The document also includes supporting commentary and questions from author Thomas Webb.
R v Secretary of State for the Home Department, ex parte Simms [1999] UKHL 33, in the House of Lords
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Secretary of State for the Home Department, ex parte Simms [1999] UKHL 33, House of Lords. The case considered whether the Secretary of State, and prison governors, could restrict prisoners’ access to journalists investigating alleged miscarriages of justice. In addition to the European Convention on Human Rights (ECHR) Article 10 issues this raises, Lord Hoffmann also in obiter dicta discussed the relationship between the Human Rights Act 1998, parliamentary sovereignty, and the concept of legality. The document also includes supporting commentary and questions from author Thomas Webb.
R (on the application of Begum (By her litigation friend, Rahman)) v Headteacher, Governors of Denbigh High School [2006] UKHL 15, House of Lords
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Begum (By her litigation friend, Rahman)) v Headteacher, Governors of Denbigh High School [2006] UKHL 15, House of Lords. This case concerned whether a school unlawfully limited a pupil’s right to manifest her religious beliefs through religious dress. The case note explores how a balance is struck between competing qualified rights, and so also contains discussion of the concept of proportionality. The document also includes supporting commentary and questions from author Thomas Webb.
R (on the application of Cart) v The Upper Tribunal [2011] UKSC 28, Supreme Court
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Cart) v The Upper Tribunal [2011] UKSC 28, Supreme Court. This case examined the circumstances under which the Upper Tribunal would be subject to judicial review. It also considers implications of the government’s proposals in response to the Independent Review of Administrative Law (IRAL) (2021) in the Judicial Review and Courts Bill 2021–22, in terms of the impact on judicial reviews under the process established by Cart. There is also some discussion of ouster clauses. The document also includes supporting commentary and questions from author Thomas Webb.
R (on the application of Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840, Court of Appeal (Civil Division)
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840, Court of Appeal (Civil Division). This case considers the legality of the ‘Fast Track Rules’ which operated in asylum application cases, and the extent to which the courts can intervene in, and suspend, processes in major areas of government policy. There is also discussion of the relative roles of the courts and government in contentious areas of public policy. The document also includes supporting commentary and questions from author Thomas Webb.
R (on the application of HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3, Supreme Court (also known as R (on the application of Buckinghamshire CC))
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case note summarizes the facts and decision in R (on the application of HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3, Supreme Court (also known as R (on the application of Buckinghamshire CC)). This case note is concerned primarily with the distinction between ordinary and constitutional statutes, and what happens where two constitutional statutes are in conflict. The document also includes supporting commentary and questions from author Thomas Webb.
R (on the application of Nicklinson) v Ministry of Justice [2014] UKSC 38, Supreme Court
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Nicklinson) v Ministry of Justice [2014] UKSC 38, Supreme Court. The case concerned assisted dying, specifically whether s. 2 of the Suicide Act 1961 was incompatible with the Human Rights Act 1998 (Nicklinson and Lambs’ cases), and whether the prosecution guidance on assisting someone to commit suicide issued by the Director of Public Prosecutions was sufficiently clear (Martin’s case). However, the primary focus of this case note is on the justices’ discussion of the respective competences of Parliament and the courts to resolve the legal issues in this area. The document also includes supporting commentary and questions from author Thomas Webb.
R (on the application of Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22, Supreme Court
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22, Supreme Court. This case revisited the legality of ouster clauses discussed in Anisminic ([1969] 2 AC 147) in the context of the reviewability of decisions made by the Investigatory Powers Tribunal. The note also discusses the implications of the Independent Review of Administrative Law (IRAL) (2021) and the government’s response to the review, as regards ouster clauses. The document also includes supporting commentary and questions from author Thomas Webb.
Reference by the Attorney General and the Advocate General for Scotland—United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill and European Charter of Local Self-Government (Incorporation) (Scotland) Bill [2021] UKSC 42, Supreme Court (also referred to as the Incorporation References Case)
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Reference by the Attorney General and the Advocate General for Scotland—United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill and European Charter of Local Self-Government (Incorporation) (Scotland) Bill [2021] UKSC 42, Supreme Court. On its face, this case (also known as the Incorporate References case) concerns the two Bills of the Scottish Parliament which sought to incorporate two international treaties into Scots law. More significantly, this case—alongside the Continuity Bill Reference case—speaks to the nature of the devolution settlement, its democratic credentials, and the relationship between the UK Supreme Court, the devolved institutions, and the Westminster Parliament. The document also includes supporting commentary and questions from the author, Thomas Webb.
Re Resolution to Amend the Constitution of Canada [1981] 1 SCR 753, also known as the Patriation Reference, Supreme Court of Canada
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Resolution to Amend the Constitution of Canada [1981] 1 SCR 753, also known as the Patriation Reference, Supreme Court of Canada. This case considers the identification of constitutional conventions using the Jennings test, and the legal enforceability of conventions. The document also includes supporting commentary and questions from author Thomas Webb.
The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill—A Reference by the Attorney General and the Advocate General for Scotland [2018] UKSC 64, Supreme Court (also known as Continuity Bill Reference)
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill—A Reference by the Attorney General and the Advocate General for Scotland [2018] UKSC 64, Supreme Court. This case is concerned with the competencies of the Scottish Parliament, and the nature of devolution in the UK more generally. The document also includes supporting commentary and questions from author Thomas Webb.
Tyrer v United Kingdom (1979-80) 2 EHRR 1, European Court of Human Rights
Authors: Webb Thomas E.
Published: September 2022

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Tyrer v United Kingdom (1979-80) 2 EHRR 1, European Court of Human Rights. The substantive issue in this case concerned whether state-inflicted corporal punishment was a breach of Article 3 of the European Convention on Human Rights. In ruling on the issue, the Court also established an interpretive doctrine—the Convention as a ‘living instrument’—which is the focus of this case note. The document also includes supporting commentary and questions from author Thomas Webb.
2. The Provision of Healthcare Services: The NHS, Resource Allocation, and Public Health
Authors: Jackson Emily
Published: September 2022

This chapter examines the provision of health care services. It first considers the way in which NHS services are commissioned. Secondly, it covers the issue of resource allocation, including the special issues raised by rationing in a pandemic. It examines different rationing strategies, and considers the role of the National Institute of Health and Care Excellence, and the use of judicial review to challenge funding decisions. Finally, it examines public health law, and role of the state in encouraging healthy behaviour and addressing health inequalities.
11. The Regulation of Medicines
Authors: Jackson Emily
Published: September 2022

This chapter examines the regulation of medicines. It covers the importance of establishing safety and efficacy before licensing, and afterwards as well, through pharmacovigilance mechanisms. European harmonization of medicines regulation means that Brexit has had a significant impact on how medicines are licensed for use in the UK. It also looks at liability for defective medicines, and the strict liability regime under the Consumer Protection Act.
14. Abortion
Authors: Jackson Emily
Published: September 2022

This chapter examines the law on abortion, beginning with debates over the moral legitimacy of abortion. It then examines the current legal position, and considers how the Abortion Act 1967, as amended, works in practice, as well as considering the prospects for law reform. Finally, the chapter looks briefly at the regulation of abortion in Northern Ireland, Ireland, and the United States.
1. Introduction
Authors: Smith Rhona K. M.
Published: September 2022

This introductory chapter introduces the book, which is on modern international human rights law. It also introduces key concepts in public international law to ensure those not familiar with that discipline understand sufficiently the relevant concepts in order to work successfully with international human rights. This chapter also outlines the structure of the book.
2. Historical background
Authors: Smith Rhona K. M.
Published: September 2022

This chapter provides an historical sketch of international human rights. It considers some of the divergent views as to the origins of human rights. The chapter traces relevant developments including the emergence of the law of aliens; diplomatic laws; the laws of war; the prohibition on slavery; recognition of minority rights; the establishment of the International Labour Organization; and human rights protection after the Second World War. Such incidences of international cooperation and agreements predate, but have influenced, elements of modern international human rights laws. Indeed, some of these historical agreements, such as the prohibition on slavery and minority rights, form part of contemporary human rights.
3. The United Nations
Authors: Smith Rhona K. M.
Published: September 2022

This chapter examines the work of the United Nations (UN) in the area of human rights. It discusses the evolution of human rights under the auspices of the UN as well as some of the early influences on human rights. The influence of the Nuremberg trials, the abolition of slavery, and the protection of vulnerable groups on the development of human rights protection law are discussed. Relevant institutions and bodies working under the auspices of the United Nations are also discussed. The chapter explains the functions and responsibilities of these bodies and highlights the financial and personnel constraints that negatively affect the performance of their duties.
4. The International Bill of Human Rights
Authors: Smith Rhona K. M.
Published: September 2022

This chapter analyses the history and principles of the International Bill of Human Rights, which is the ethical and legal basis for all the human rights work of the United Nations. The Bill consists of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, two Optional Protocols annexed thereto, and the International Covenant on Economic, Social, and Cultural Rights and Protocol. The chapter also assesses whether the Bill of Human Rights has lived up to the expectations of the original proponents.
13. The right to life
Authors: Smith Rhona K. M.
Published: September 2022

This chapter examines African, American, European, and international jurisprudence on the right to life. It discusses the positive obligation incumbent on States to protect life; the permissible deprivation of life (the death penalty, death caused by national security forces, and death during armed conflict); and the issue of genocide. The chapter concludes that the right to life is of paramount importance in international human rights law. International law covers not only the straightforward human rights aspects, but also extends to the prevention and punishment of the crime of genocide.
14. The right to liberty of person
Authors: Smith Rhona K. M.
Published: September 2022

This chapter examines international human rights laws on the right to liberty. It first considers slavery, the most serious threat to an individual’s right to liberty, and then discusses the application of the general rights of liberty and security of person, including the detention of individuals. For many people, liberty is regarded as one of the central tenets of personal freedom; hence slavery and practices analogous to slavery are viewed as morally repugnant and usually legally indefensible. Nevertheless, there are circumstances in which States can restrict liberty, for legitimate purposes, without infringing human rights. This has been demonstrated during the COVID-19 pandemic.
17. Freedom from torture; cruel, inhuman, and degrading treatment or punishment
Authors: Smith Rhona K. M.
Published: September 2022

This chapter examines the prohibition of torture and similar forms of punishment by international human rights law. Regional and international human rights bodies have developed specific instruments and monitoring systems designed to combat such practices. The chapter argues that exhaustive definitions of the components of the prohibition on torture would not help in abolishing the practice; there is a real risk that such a list would encourage ever more innovative and horrific examples of inhumanity.
18. The right to self-determination
Authors: Smith Rhona K. M.
Published: September 2022

This chapter examines the right to self-determination in international human rights law. It traces the origins of this right and considers issues characterizing the current debate on the future of self-determination. The chapter suggests that while self-determination is acceptable for divesting States of colonial powers, problems can arise when groups that are not the sole occupants of a State territory choose to exercise self-determination. The right to self-determination may sit uneasily with respect for territorial integrity of States. Various forms of modern self-determination, including partial or full autonomy within States are emerging.
9. Immunities
Authors: Hernández Gleider
Published: September 2022

This chapter explores the concept of immunities. Immunity from jurisdiction describes the doctrines developed in domestic courts over time to avoid infringements on State sovereignty whenever possible. Generally speaking, immunities seek to prevent foreign courts from exercising jurisdiction regarding the conduct of another State, its agents, officials, or diplomatic representatives, as well as from adjudicating on inter-State disputes without their consent. Due in part to the historical conflation of State and sovereign that defined the scope of immunity, several mechanisms have been developed that allow various categories of officials of States to invoke immunity in the courts of another State. Often an exemption from local jurisdiction exists in relation to mundane violations such as driving offences or administrative matters. However, exemption from jurisdiction has important policy implications if the act in question constitutes an international crime.
15. The law of armed conflict
Authors: Hernández Gleider
Published: September 2022

This chapter assesses the law of armed conflict. The right to resort to armed force, known as ‘jus ad bellum’, is a body of law that addresses the permissibility of entering into war in the first place. Despite the restrictions imposed by this body of law, it is clear that international law does not fully forbid the use of force, and instances of armed disputes between and within States continue to exist. Consequently, a second, older body of law exists called ‘jus in bello’, or the law of armed conflict, which has sought to restrain, or at least to regulate, the actual conduct of hostilities. The basic imperative of this body of law has been to restrict warfare in order to account for humanitarian principles by prohibiting certain types of weapons, or protecting certain categories of persons, such as wounded combatants, prisoners of war, or the civilian population.
18. The law of the sea
Authors: Hernández Gleider
Published: September 2022

This chapter explores the law of the sea. The ‘law of the sea’ is a blanket term, describing the law relating to all bodies of water, irrespective of whether they are subject to the jurisdiction of a State. Naturally, the seas are tremendously important globally; the seas are a crucial means of communication and trade, allowing for the transport of persons and goods around the world. The seas and their subsoil are also a valuable economic resource. However, the law of the sea is also important for its significant contributions to public international law. The law of the sea governs a series of overlapping sovereign interests and projections of jurisdiction. The basic concept is that the sea is divided into two broad categories: territorial sea and high seas. The exact line between these two has been at the heart of more than four centuries of legal developments and disputes.
19. The protection of the environment
Authors: Hernández Gleider
Published: September 2022

This chapter studies the development of international environmental law. A significant proportion of international environmental law obligations is contained in treaties, which often provide for institutional mechanisms or procedural obligations for their implementation. There exists a dense network of treaty obligations relating to environmental protection, and to specific sectors such as climate change, the conservation of endangered species, or the handling of toxic materials. Indeed, though customary international law knows of no general legal obligation to protect and preserve the environment, certain customary rules nevertheless have been found in specific treaties, case law, and occasionally even soft law instruments. The most significant such rule is the principles of prevention, often taking the form of the ‘good neighbour’ principle. States are required to exercise due diligence in preventing their territory from being used in such a way so as to cause significant damage to the environment of another state.
14. Specific and agreed remedies
Authors: Chen-Wishart Mindy
Published: September 2022

Courts are very willing to award orders compelling the defendant to pay the agreed price, but much less willing to compel non-monetary performance (specific performance or injunctions). Contract law also controls the remedies agreed by the parties. This chapter discusses: (1) the extent to which contract law grants specific enforcement of different types of contracts; (2) the reasons for denying a claim for specific enforcement; (3) when contract law will refuse to enforce the remedy agreed by the parties, especially agreed payments; and (4) the normative considerations in answering points (1) to (3).
6. How Precedent Operates: Ratio Decidendi and Obiter Dictum
Authors: Holland James , Webb Julian
Published: September 2022

The aim of this chapter is to emphasise that legal analysis is not just a question of comparing facts or using a set of balancing scales to see if the facts weigh about the same. The situation is often much more complicated than that. This chapter discusses the following: the development of case law and why cases may be distinguished as well as applied on the material facts; defining ratio decidendi; perception and ratio; ratio and interpretation; obiter dictum; how precedents develop; answering legal questions on precedent; material facts; what can happen to a case; the postal rule cases; and the ‘uncertainty principle’ of cases.
7. Making Sense of Statutes
Authors: Holland James , Webb Julian
Published: September 2022

This chapter focuses on a topic rarely covered in academic texts: why statutes have a particular form and how to read and apply that statutory language (the next chapter deals with specific points of interpretation of statutes). The chapter discusses the techniques and problems of analysing the structure of statutes. It describes how statutes are set out, what particular catch phrases mean, and how to make sense of the opaque language often used. It covers drafting styles and practices; the problems of drafting statutes in English law, comprehensibility, and awareness of how the courts are likely to interpret them; examples of drafting practices and how to approach them; techniques for amending earlier statutes, either wholesale or in section and other key points on drafting.
8. Interpreting Statutes
Authors: Holland James , Webb Julian
Published: September 2022

This chapter discusses statutory interpretation: the language used in a statute, the application of the language to the facts, or both. It covers the so-called rules of interpretation: the literal rule, the golden rule, the purposive rule, and the mischief rule, and why we still refer to them; examples of the ‘rules’ in action and the reality of their application; secondary aids to construction; the use of Hansard; how judges choose to explain the construction they have placed on the statute; interpretation and the Human Rights Act 1998; interpreting secondary legislation; and an example of how to analyse a case on statutory interpretation.
1. The historical origins of the trust
Authors: Penner J E
Published: September 2022

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter traces the historical roots of the trust. The law of trusts is the offspring of a certain English legal creature known as ‘equity’. Equity arose out of the administrative power of the medieval Chancellor, who was at the time the King’s most powerful minister. The nature of equity’s jurisdiction and its ability to provide remedies unavailable at common law, the relationship between equity and the common law and the ‘fusion’ of law and equity, and equity’s creation of the use, and then the trust, are discussed.
3. Trusts and powers
Authors: Penner J E
Published: September 2022

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter explores the features of express trusts, with a focus on powers. The discussions cover fixed trusts, discretionary trusts, and powers of appointment; the variety of interests under express trusts; the kinds of powers and duties under a trust; faulty exercises of powers; judicial control of the exercise of discretions; and limitations on the settlor’s ‘freedom of trust’.
4. Modern discretionary trusts
Authors: Penner J E
Published: September 2022

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter focuses on modern discretionary trusts (MDTs), in which property is typically distributed by way of powers of appointment, not by the trustees’ distributing property under fixed or discretionary trusts. It identifies common features of MDTs, including letters of wishes and protectors. Next, doctrinal developments which contributed to the development of the MDT are considered. Following that, the standing of objects to enforce the MDT and rights to information are examined. Finally, broader issues concerning how MDTs fit in with the broader law of trusts are taken in turn: MDTs and the law of charities; determining the ‘true intended beneficiaries’; Saunders v Vautier issues; the status of letters of wishes, and MDTs as ‘chameleon trusts’.
13. Breach of trust
Authors: Penner J E
Published: September 2022

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses breach of trust. Breach of trust, as a wrong in private law, must be distinguished from other wrongs such as breach of contract and breach of fiduciary duty. The rules and principles that govern a trustee’s liability for breach of trust are considered in detail, including with the trustee’s liability to account and the performance interest in a trust; falsification and surcharging; equitable compensation; and personal claims where the account is not falsified. Following that, related issues concerning breach of trust are considered, including the liability of trustees inter se; beneficiaries’ consent to a breach of trust; trustees’ relief from liability under the Trustee Act 1925; trustee exemption clauses and ouster of trustee duties; de facto trusteeship; and a trustee’s liability when breach is procured by a third party.
15. Third party liability for breach of trust and fiduciary obligations
Authors: Penner J E
Published: September 2022

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter considers third party liability for breach of trust and fiduciary obligation. It begins by considering third party liability for procuring a breach of trust, followed by third party liability for assisting a breach of trust, and the relevant remedies. Next, it considers remedies for knowing receipt and knowing dealing, the conditions of liability, and the relevant remedies. Finally, issues pertaining to limitation of actions are considered, as well as third party liability for breach of fiduciary obligation.
10. Product liability
Authors: Brennan Carol
Published: September 2022

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Manufacturers and producers are liable for personal injury or damage to property caused by a defective product. The claimant will not only recover in contract for personal injury and property damage caused by the defective product, but he will also be compensated for the cost of replacing the product itself. The Consumer Protection Act 1987 involves a strict liability regime for defective products on a variety of potential defendants. This chapter discusses the limitations of the tort system in providing compensation to a victim of harm caused by a defective product, and analyses the scope and limitations of the Consumer Protection Act 1987.
12. Nuisance
Authors: Brennan Carol
Published: September 2022

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Nuisance protects against ‘indirect’ interference with the claimant’s use and enjoyment of land. There are two categories of nuisance: public nuisance and private nuisance. Private nuisance refers to an unreasonable interference with the use or enjoyment of land. In order to sue in private nuisance, the claimant must have an interest in the land affected. This chapter examines the elements of liability in private and public nuisance and discusses the differences between them.. It also looks at the relationship between nuisance and fault-based liability and evaluates the human rights dimension to the law of nuisance.
15. Defences to defamation
Authors: Brennan Carol
Published: September 2022

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Defences to defamation protect freedom of speech in English law. Some of the defences are ‘absolute’ while others are ‘qualified’. Absolute defence means that regardless of how careless the defendant has been in publishing the statement or whether he has been motivated by malice, he is completely protected. Qualified defence applies to a wider range of situations, but fails if the claimant can show that the statement was made ‘maliciously’. This chapter looks at the amendments to the existing defences to defamation contained in the Defamation Act 2013, and the introduction of new defences to protect operators of websites that host user-generated content are also examined.
Criminal Law Directions
Authors: Monaghan Nicola
Published: September 2022

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. Criminal Law Directions is written with an emphasis on explaining the key topics of Criminal Law courses with clarity. The book starts by offering an introduction to criminal law. It also looks at the issues of actus reus and mens rea. It goes on to consider topics such as strict liability; murder and voluntary manslaughter; involuntary manslaughter; non-fatal offences against the person; and sexual offences. It moves on to look at theft and other offences against property, including robbery, burglary, blackmail, handling, and criminal damage. Fraud and drugs offences are then examined and general and specific defences are explored. Finally the book considers inchoate offences and accessorial liability.
2. Actus reus
Authors: Monaghan Nicola
Published: September 2022

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the actus reus elements of a criminal offence. The actus reus of an offence may involve an act or omission (conduct crimes); certain consequences being caused (result crimes); or the existence of surrounding circumstances (‘state of affairs’ crimes); it must be voluntarily performed. There is generally no liability for an omission to act. There are five exceptions: special relationship, voluntary assumption of responsibility, supervening fault, contractual duty or public office, and statutory duty. Where the defendant is charged with a ‘result’ crime, the prosecution must prove causation. An intervening event will break the chain of causation and the actus reus will not be established.
3. Mens rea
Authors: Monaghan Nicola
Published: September 2022

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the mens rea elements of a criminal offence. There are two types of intention: direct and oblique. A person directly intends a consequence that he desires. Where he instead merely appreciates that it is virtually certain to occur, a jury may find he intended the consequence. This is oblique intent. Subjective recklessness requires two questions to be asked: (a) did D foresee the possibility of the consequence occurring; and (b) was it unreasonable to take the risk? The actus reus and mens rea must coincide in time for the defendant to be guilty. The continuing act or ‘single transaction’ theories might be employed to establish coincidence.
4. Strict liability
Authors: Monaghan Nicola
Published: September 2022

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses a special form of criminal liability: strict liability (including absolute liability). A strict liability offence is an offence which does not require proof of a fault element (i.e., where the prosecution need not prove at least one mens rea element). An absolute liability offence does not require proof of any mens rea elements. This chapter also evaluates the arguments for and against strict liability and discusses regulatory offences.