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Does the Rule of Law Require the Separation of Powers?

open access: yesThe Modern Law Review, EarlyView.
The separation of powers is an enigmatic political ideal, particularly in the context of the modern administrative state, in which administrative officials routinely perform a combination of legislative, judicial, and executive functions. In this article we reexamine this ideal by interrogating Adrian Vermeule's provocative claim that the separation of
Dimitrios Kyritsis, Matthew Lewans
wiley   +1 more source

The Doctrine of State Necessity

open access: yesThe Modern Law Review, EarlyView.
This article examines the doctrine of state necessity as a distinct but relatively underexplored doctrine of constitutional law. Drawing on case law from a range of jurisdictions, it considers instances in which courts have accepted otherwise unconstitutional measures as lawful in order to preserve the operation of state institutions or protect ...
Athanasios Peftinas
wiley   +1 more source

The Embryo at the European Court of Human Rights

open access: yesThe Modern Law Review, EarlyView.
Having a child by in vitro fertilisation (IVF) entails the creation of in vitro embryos, their transfer to a woman's uterus, a successful pregnancy, and live birth. Under the European Convention on Human Rights, using IVF principally engages the right to respect for private and family life under Article 8(1). The approach of the European Court of Human
Rosamund Scott
wiley   +1 more source

Adversarialism in the Family Courts in Child Arrangements Cases in England and Wales

open access: yesThe Modern Law Review, EarlyView.
Most of the discussion of adversarialism has taken place in the context of criminal justice and it is often assumed that family courts are not adversarial, particularly in child arrangements cases where the stated focus is the future welfare of children.
Mandy Burton, Rosemary Hunter
wiley   +1 more source

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