Incendiary Speech Acts, Lawfare and Other Rhetorical Battles Against the Rule of Law

Photo by Chris Brignola Dr Carla Ferstman, Senior Lecturer in Law, University of Essex Introduction The rule of law is embedded in UK law since the Magna Carta. Its importance to the proper functioning of democracies has been affirmed by the Council of Europe’s Venice Commission and the United Nations, among others. As Lord Bingham … Continue reading Incendiary Speech Acts, Lawfare and Other Rhetorical Battles Against the Rule of Law

The War on Compensation: Troubling Signs for Civilian Casualties in the Gaza Strip

Photo by Timon Studler Dr. Haim Abraham, Lecturer in Law, University of Essex Follow Dr. Abraham on Twitter here The last round of belligerency between Hamas and Israel claimed a significant toll from civilians, with many arguing that some of the more devastating activities conducted by the IDF were in breach of the laws of … Continue reading The War on Compensation: Troubling Signs for Civilian Casualties in the Gaza Strip

Why Civil Claims are a Necessary Part of the Arsenal to Address Military Excesses

Photo by Diego González Carla Ferstman and Noora Arajärvi, University of Essex, published a report which assesses the UK Overseas Operations (Service Personnel and Veterans) Bill, which makes provision about legal proceedings and consideration of derogation from the European Convention on Human Rights in connection with operations of the armed forces outside the British Islands. The … Continue reading Why Civil Claims are a Necessary Part of the Arsenal to Address Military Excesses

The Coronavirus Act 2020 and Guidance Governing Social Relationships and Communication: An Orwellian Dystopia or a Protective Bubble?

Photo by Unsplash On 10 September 2020, Dr Samantha Davey, Lecturer in Law at the University of Essex, presented her paper entitled ‘The Coronavirus Act 2020 and Guidance Governing Social Relationships and Communication: An Orwellian Dystopia or a Protective Bubble?’ at the digital conference ‘Are Emergency Measures in Response to COVID-19 a Threat to Democracy? … Continue reading The Coronavirus Act 2020 and Guidance Governing Social Relationships and Communication: An Orwellian Dystopia or a Protective Bubble?

National Courts and the Enforcement of EU Law: The Pivotal Role of National Courts in the EU Legal Order

Image by David Mark Prof. Theodore Konstadinides, Professor of Law, University of Essex and Dr. Anastasia Karatzia, Lecturer in Law, University of Essex Prof. Theodore Konstadinides and Dr. Anastasia Karatzia acted as the UK national rapporteurs for the Fédération Internationale Pour Le Droit Européen (FIDE) Congress 2020, one of the most significant conferences on EU … Continue reading National Courts and the Enforcement of EU Law: The Pivotal Role of National Courts in the EU Legal Order

Delayed Publication of Coronavirus Regulations and Legal Certainty – Concerns and Protections

Liverpool Street Station, London; photo by Ben Garratt Lee Marsons, PhD Candidate and Graduate Teaching Assistant, School of Law, University of Essex As part of my compilation of resources on Covid-19 for the UK Administrative Justice Institute (UKAJI), I have been paying close attention to the publication of delegated legislation throughout this crisis. My main sources for … Continue reading Delayed Publication of Coronavirus Regulations and Legal Certainty – Concerns and Protections

The New Corporate Insolvency and Governance Act 2020 – An Extraordinary Act for Extraordinary Times? A Quick Look at the Act’s Time-Restricted Measures

Image by Elliot Alderson Dr. Eugenio Vaccari, Lecturer in Law, University of Essex I. The Corporate Insolvency and Governance Act 2020 On 25 June 2020, the Corporate Insolvency and Governance Act 2020 (‘the Act’) completed its progress in the Parliament and received Royal Assent. The Act has unanimously been hailed by the insolvency community as … Continue reading The New Corporate Insolvency and Governance Act 2020 – An Extraordinary Act for Extraordinary Times? A Quick Look at the Act’s Time-Restricted Measures

The German Constitutional Court’s Decision on PSPP: Between Mental Gymnastics and Common Sense

The Federal Constitutional Court Professor Theodore Konstadinides, School of Law, University of Essex The 5th of May 2020 will be remembered as a strange day for EU law and German constitutionalism. The German Constitutional Court upheld the constitutional complaints by several groups of individuals against the European Central Bank’s Public Sector Purchase Programme (PSPP). As explained in yesterday’s … Continue reading The German Constitutional Court’s Decision on PSPP: Between Mental Gymnastics and Common Sense

Weimar-on-Danube: on the Hungarian Enabling Act, the European Response, and the Future of the Union

Image by Hans Hansen Dr. Tom Flynn, Lecturer in Law, University of Essex The current pandemic is testing political, legal, and social systems in significant ways. Europe has faced, among other things, strains regarding the notion of solidarity within the Union, questions as to the ability of economic and financial systems to co-ordinate responses, and … Continue reading Weimar-on-Danube: on the Hungarian Enabling Act, the European Response, and the Future of the Union

Haim Abraham’s paper on Parenting, Surrogacy and the State cited by the Supreme Court of Israel

The Israel Supreme Court recently cited a paper written by Haim Abraham, Lecturer in Law at the University of Essex. The paper titled 'Parenting, Surrogacy, and the State' demonstrates that Israel’s legislation, and regulation of assisted reproduction treatments, systematically discriminates individuals and same-sex couples based on sexual orientation, family status, or gender. By surveying the … Continue reading Haim Abraham’s paper on Parenting, Surrogacy and the State cited by the Supreme Court of Israel