Results 181 to 190 of about 125,586 (263)

Integration Through Rights: Towards an Associational Paradigm

open access: yesThe Modern Law Review, EarlyView.
Integration policies in the EU and the UK have over the past two decades increasingly emphasised duties and constraints for migrants. This article challenges the duty‐based model and proposes an alternative legal conception: ‘integration through rights’, with associational rights taking a central role.
Sarah Ganty, Clíodhna Murphy
wiley   +1 more source

X v The Lord Advocate: Challenges and Concerns for Vicarious Liability

open access: yesThe Modern Law Review, EarlyView.
In X v The Lord Advocate, the Supreme Court of the United Kingdom held that the Crown cannot be vicariously liable for torts committed by judges. This case note critically examines what could be viewed as two significant doctrinal shifts that were introduced by this ruling.
Haim Abraham
wiley   +1 more source

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

Limiting the High Court's Inherent Jurisdiction over Children: Re X and Y (Adoption Order: Setting Aside)

open access: yesThe Modern Law Review, EarlyView.
The Supreme Court in Re X and Y (Adoption Order: Setting Aside) confirms that there is no power under the High Court's inherent jurisdiction to set aside a properly made adoption order, even if the child's welfare would be better served by un‐doing the adoption.
Rob George
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

Section 35 of the Scotland Act 1998 and Executive Control of Devolved Legislation

open access: yesThe Modern Law Review, EarlyView.
This article examines the first use of section 35 of the Scotland Act 1998, which prevented the Gender Recognition Reform (Scotland) Bill from receiving Royal Assent. It argues that the 2023 Order is constitutionally significant because it operationalised a previously unused form of executive control over devolved legislation.
Darryn Nyatanga
wiley   +1 more source

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