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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

Rylands v Fletcher Redux: Rubis Bahamas Ltd v Russell

open access: yesThe Modern Law Review, EarlyView.
The decision of the Judicial Committee of the Privy Council in Rubis Bahamas Ltd v Russell is the most significant development in the law of Rylands v Fletcher for decades. Rejecting the view that the rule is merely a sub‐species of private nuisance, the Committee reconstructed it as an independent rule of strict liability governing harm caused by ...
Marco Cappelletti
wiley   +1 more source

Consideration Without Economic Duress: Reframing the Analysis of Contractual Modifications

open access: yesThe Modern Law Review, EarlyView.
Prevailing approaches to the contractual enforceability of modifications revise or dispense with the requirement of consideration and invoke economic duress to rule out unfair, inequitable, or bad faith modifications. Enforceability turns effectively on the absence of economic duress. But economic duress is a doctrine of avoidance.
Peter Benson
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

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