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LAW (807 journals)                  1 2 3 4 5 | Last

Showing 1 - 200 of 354 Journals sorted alphabetically
ABA Journal Magazine     Full-text available via subscription   (Followers: 24)
Acta Juridica     Full-text available via subscription   (Followers: 7)
Acta Politica     Hybrid Journal   (Followers: 15)
Acta Universitatis Danubius. Juridica     Open Access   (Followers: 1)
Actualidad Jurídica Ambiental     Open Access   (Followers: 1)
Adam Mickiewicz University Law Review     Open Access  
Adelaide Law Review     Full-text available via subscription   (Followers: 23)
Administrative Law Review     Open Access   (Followers: 44)
Aegean Review of the Law of the Sea and Maritime Law     Hybrid Journal   (Followers: 6)
African Journal of Legal Studies     Hybrid Journal   (Followers: 9)
African Journal on Conflict Resolution     Open Access   (Followers: 20)
Afrilex     Open Access   (Followers: 5)
Ahkam : Jurnal Hukum Islam     Open Access  
Ahkam : Jurnal Ilmu Syariah     Open Access  
Air and Space Law     Full-text available via subscription   (Followers: 20)
Akron Law Review     Open Access   (Followers: 4)
Al 'Adalah : Jurnal Hukum Islam     Open Access  
Al-Ahkam     Open Access   (Followers: 1)
Alaska Law Review     Open Access   (Followers: 8)
Albany Law Review     Free   (Followers: 6)
Alberta Law Review     Full-text available via subscription   (Followers: 14)
Alternative Law Journal     Hybrid Journal   (Followers: 9)
Alternatives : Global, Local, Political     Hybrid Journal   (Followers: 12)
Amazon's Research and Environmental Law     Open Access   (Followers: 4)
American Journal of Comparative Law     Full-text available via subscription   (Followers: 57)
American Journal of Jurisprudence     Hybrid Journal   (Followers: 19)
American Journal of Law & Medicine     Full-text available via subscription   (Followers: 11)
American Journal of Legal History     Full-text available via subscription   (Followers: 8)
American Journal of Trial Advocacy     Full-text available via subscription   (Followers: 7)
American University Law Review     Open Access   (Followers: 11)
American University National Security Law Brief     Open Access   (Followers: 8)
Amicus Curiae     Open Access   (Followers: 6)
Amsterdam Law Forum     Open Access   (Followers: 8)
Anales de la Cátedra Francisco Suárez     Open Access  
Annales Canonici     Open Access   (Followers: 1)
Annales de droit     Open Access  
Annals of the Faculty of Law in Belgrade - Belgrade Law Review     Open Access  
Anuario da Facultade de Dereito da Universidade da Coruña     Open Access  
Anuario de Psicología Jurídica     Open Access   (Followers: 1)
ANZSLA Commentator, The     Full-text available via subscription   (Followers: 4)
Appeal : Review of Current Law and Law Reform     Open Access   (Followers: 1)
Arbitration Law Monthly     Full-text available via subscription   (Followers: 3)
Arbitration Law Reports and Review     Hybrid Journal   (Followers: 14)
Arctic Review on Law and Politics     Open Access   (Followers: 1)
Arena Hukum     Open Access  
Argumenta Journal Law     Open Access   (Followers: 1)
Arizona Law Review     Open Access   (Followers: 5)
Arizona State Law Journal     Free   (Followers: 3)
Arkansas Law Review     Free   (Followers: 6)
Ars Aequi Maandblad     Full-text available via subscription   (Followers: 3)
Art + Law     Full-text available via subscription   (Followers: 12)
Article 40     Open Access   (Followers: 2)
Artificial Intelligence and Law     Hybrid Journal   (Followers: 11)
ASAS : Jurnal Hukum dan Ekonomi Islam     Open Access  
Asia-Pacific Journal of Ocean Law and Policy     Hybrid Journal  
Asian American Law Journal     Open Access   (Followers: 3)
Asian Journal of Law and Society     Hybrid Journal   (Followers: 7)
Asian Journal of Legal Education     Full-text available via subscription   (Followers: 4)
Asian Pacific American Law Journal     Open Access   (Followers: 3)
AStA Wirtschafts- und Sozialstatistisches Archiv     Hybrid Journal   (Followers: 5)
Asy-Syir'ah : Jurnal Ilmu Syari'ah dan Hukum     Open Access  
Australasian Law Management Journal     Full-text available via subscription   (Followers: 7)
Australian and New Zealand Sports Law Journal     Full-text available via subscription   (Followers: 9)
Australian Feminist Law Journal     Hybrid Journal   (Followers: 11)
Australian Indigenous Law Review     Full-text available via subscription   (Followers: 22)
Australian Journal of Legal History     Full-text available via subscription   (Followers: 15)
Ave Maria Law Review     Free   (Followers: 3)
Badamai Law Journal     Open Access   (Followers: 2)
Ballot     Open Access  
Baltic Journal of Law & Politics     Open Access   (Followers: 6)
Bar News: The Journal of the NSW Bar Association     Full-text available via subscription   (Followers: 6)
Behavioral Sciences & the Law     Hybrid Journal   (Followers: 27)
Beijing Law Review     Open Access   (Followers: 5)
Berkeley Journal of Entertainment and Sports Law     Open Access   (Followers: 6)
Berkeley Technology Law Journal     Free   (Followers: 13)
Bioethics Research Notes     Full-text available via subscription   (Followers: 14)
Boletín de la Asociación Internacional de Derecho Cooperativo     Open Access  
Bond Law Review     Open Access   (Followers: 18)
Boston College Environmental Affairs Law Review     Open Access   (Followers: 7)
Boston College Journal of Law & Social Justice     Open Access   (Followers: 11)
Boston College Law Review     Open Access   (Followers: 16)
Boston University Law Review     Free   (Followers: 11)
BRICS Law Journal     Open Access   (Followers: 1)
Brigham Young University Journal of Public Law     Open Access   (Followers: 8)
Brigham Young University Law Review     Full-text available via subscription   (Followers: 7)
British Journal of American Legal Studies     Open Access   (Followers: 1)
Brooklyn Law Review     Open Access   (Followers: 4)
Bulletin of Legal Medicine     Open Access  
Bulletin of Medieval Canon Law     Full-text available via subscription   (Followers: 3)
Business and Human Rights Journal     Full-text available via subscription   (Followers: 3)
C@hiers du CRHIDI     Open Access  
Cadernos de Dereito Actual     Open Access   (Followers: 1)
Cadernos de Informação Jurídica     Open Access  
Cadernos do Programa de Pós-Graduação em Direito - PPGDir./UFRGS     Open Access   (Followers: 1)
Cadernos Ibero-Americanos de Direito Sanitário     Open Access  
Cahiers Droit, Sciences & Technologies     Open Access  
California Law Review     Open Access   (Followers: 20)
California Lawyer     Free  
California Western Law Review     Open Access   (Followers: 3)
Cambridge Law Journal     Hybrid Journal   (Followers: 169)
Campbell Law Review     Open Access   (Followers: 4)
Campus Legal Advisor     Hybrid Journal   (Followers: 2)
Canadian Journal of Law & Jurisprudence     Full-text available via subscription   (Followers: 10)
Canadian Journal of Law and Society     Hybrid Journal   (Followers: 20)
Case Western Reserve Law Review     Open Access   (Followers: 2)
Časopis pro právní vědu a praxi     Open Access  
Catalyst : A Social Justice Forum     Open Access   (Followers: 9)
Catholic University Law Review     Open Access   (Followers: 3)
Chicago-Kent Law Review     Full-text available via subscription   (Followers: 4)
Chicana/o-Latina/o Law Review     Open Access   (Followers: 2)
China : An International Journal     Full-text available via subscription   (Followers: 18)
China-EU Law Journal     Hybrid Journal   (Followers: 6)
Chinese Journal of Comparative Law     Hybrid Journal   (Followers: 4)
Chinese Law & Government     Full-text available via subscription   (Followers: 9)
Cleveland State Law Review     Free   (Followers: 2)
College Athletics and The Law     Hybrid Journal   (Followers: 1)
Colombia Forense     Open Access  
Columbia Journal of Environmental Law     Free   (Followers: 10)
Columbia Journal of Law and Social Problems     Full-text available via subscription   (Followers: 16)
Columbia Law Review (Sidebar)     Open Access   (Followers: 19)
Commercial Law Quarterly: The Journal of the Commercial Law Association of Australia     Full-text available via subscription   (Followers: 5)
Comparative Law Review     Open Access   (Followers: 39)
Comparative Legal History     Full-text available via subscription   (Followers: 7)
Comparative Legilinguistics     Open Access  
Con-texto     Open Access  
Conflict Resolution Quarterly     Hybrid Journal   (Followers: 42)
Conflict Trends     Full-text available via subscription   (Followers: 13)
Cornell Law Review     Open Access   (Followers: 12)
Criterio Jurídico     Open Access  
Critical Analysis of Law : An International & Interdisciplinary Law Review     Open Access   (Followers: 6)
Cuadernos de Historia del Derecho     Open Access   (Followers: 7)
Cuestiones Juridicas     Open Access   (Followers: 2)
Current Legal Problems     Hybrid Journal   (Followers: 29)
Danube     Open Access   (Followers: 2)
De Jure     Open Access   (Followers: 1)
De Rebus     Full-text available via subscription   (Followers: 1)
Deakin Law Review     Full-text available via subscription   (Followers: 15)
Debater a Europa     Open Access  
Defense Counsel Journal     Full-text available via subscription   (Followers: 1)
Democrazia e diritto     Full-text available via subscription   (Followers: 2)
Denning Law Journal     Full-text available via subscription   (Followers: 6)
DePaul Journal of Women, Gender and the Law     Open Access   (Followers: 3)
DePaul Law Review     Open Access   (Followers: 3)
Der Staat     Full-text available via subscription   (Followers: 14)
Derecho Animal. Forum of Animal Law Studies     Open Access  
Derecho PUCP     Open Access   (Followers: 4)
Derecho y Ciencias Sociales     Open Access   (Followers: 3)
Derechos en Acción     Open Access  
Deusto Journal of Human Rights     Open Access  
Dicle Üniversitesi Hukuk Fakültesi Dergisi     Open Access  
Die Verwaltung     Full-text available via subscription   (Followers: 10)
Dikaion     Open Access   (Followers: 1)
Dike     Open Access  
Diké : Revista Jurídica     Open Access  
Direito e Desenvolvimento     Open Access   (Followers: 1)
Direito e Liberdade     Open Access  
Diritto penale contemporaneo     Free   (Followers: 2)
Diritto, immigrazione e cittadinanza     Open Access   (Followers: 4)
Dixi     Open Access  
Doxa : Cuadernos de Filosofía del Derecho     Open Access  
Droit et Cultures     Open Access   (Followers: 7)
Droit et Médecine Bucco-Dentaire     Full-text available via subscription   (Followers: 1)
Droit, Déontologie & Soin     Full-text available via subscription   (Followers: 2)
Drug Science, Policy and Law     Full-text available via subscription  
Duke Environmental Law & Policy Forum     Open Access   (Followers: 5)
Duke Forum for Law & Social Change     Open Access   (Followers: 5)
Duke Journal of Gender Law & Policy     Open Access   (Followers: 16)
Duke Law & Technology Review     Open Access   (Followers: 10)
Duke Law Journal     Open Access   (Followers: 26)
DULR Online     Open Access   (Followers: 1)
East Asia Law Review     Open Access   (Followers: 2)
ECI Interdisciplinary Journal for Legal and Social Policy     Open Access   (Followers: 2)
Economics and Law     Open Access   (Followers: 1)
Edinburgh Law Review     Hybrid Journal   (Followers: 19)
Education and the Law     Hybrid Journal   (Followers: 13)
El Cotidiano     Open Access   (Followers: 1)
Election Law Journal     Hybrid Journal   (Followers: 25)
Energy Law Journal     Full-text available via subscription   (Followers: 5)
Environmental Justice     Hybrid Journal   (Followers: 9)
Environmental Law Review     Full-text available via subscription   (Followers: 23)
Environmental Policy and Law     Hybrid Journal   (Followers: 13)
ERA-Forum     Hybrid Journal   (Followers: 5)
Erasmus Law Review     Open Access  
Erciyes Üniversitesi Hukuk Fakültesi Dergisi     Open Access  
Espaço Jurídico : Journal of Law     Open Access   (Followers: 1)
ESR Review : Economic and Social Rights in South Africa     Open Access   (Followers: 3)
Ethnopolitics     Hybrid Journal   (Followers: 3)
Ethos: Official Publication of the Law Society of the Australian Capital Territory     Full-text available via subscription   (Followers: 5)
EU Agrarian Law     Open Access   (Followers: 4)
Europaisches Journal fur Minderheitenfragen     Hybrid Journal   (Followers: 2)
European Energy and Environmental Law Review     Full-text available via subscription   (Followers: 13)
European Journal for Education Law and Policy     Hybrid Journal   (Followers: 9)
European Journal of Comparative Law and Governance     Hybrid Journal   (Followers: 9)
European Journal of Law and Technology     Open Access   (Followers: 18)
European Journal of Psychology Applied to Legal Context     Open Access   (Followers: 6)
European Law Journal     Hybrid Journal   (Followers: 168)
European Public Law     Full-text available via subscription   (Followers: 37)
European Review of Contract Law     Hybrid Journal   (Followers: 25)
European Review of Private Law     Full-text available via subscription   (Followers: 33)
European Yearbook of Minority Issues Online     Hybrid Journal   (Followers: 5)

        1 2 3 4 5 | Last

Journal Cover
Current Legal Problems
Number of Followers: 29  
  Hybrid Journal Hybrid journal (It can contain Open Access articles)
ISSN (Print) 0070-1998 - ISSN (Online) 2044-8422
Published by Oxford University Press Homepage  [396 journals]
  • For Helen Reece, in memoriam
    • Authors: King J; Mitchell P, Trapp K.
      Pages: 1 - 1
      Abstract: The publication of this volume of Current Legal Problems is tinged with sadness. Late last year, Helen Reece, an alumna and former lecturer in the Faculty of Laws at UCL, passed away from cancer at the age of 48. She was a brilliant and original legal scholar, whose groundbreaking work in tort, family law, and legal theory included a famous contribution to this journal: ‘The Paramountcy Principle: Consensus or Contract'’ (1996) 49 CLP 267. As well as her outstanding scholarship, she was a very popular and much-loved colleague at UCL, at Birkbeck, and at the London School of Economics, where she became an Associate Professor (Reader) in 2009. Helen was also a member of the Editorial Board of Current Legal Problems for a number of years. She was a regular attendee to the lectures and a prompt, generous, and rigorous reviewer of submitted pieces. The Current Legal Problems editors, both past and present, gratefully acknowledge her contribution to the journal.
      PubDate: Thu, 14 Dec 2017 00:00:00 GMT
      DOI: 10.1093/clp/cux012
      Issue No: Vol. 70, No. 1 (2017)
  • Taking Flight—Domestic Violence and Child Abduction
    • Authors: Hale B.
      Pages: 3 - 16
      Abstract: This article reflects on both the current operation and potential future application of the 1980 Hague Convention on the Civil Aspects of International Child Abduction. In particular, it explores the significance of the ‘grave risk’ exception contained in Article 13(1)(b) for cases of alleged domestic violence. The deliberations of an international working group (of which the author is a member) tasked with developing a Guide to Good Practice on the interpretation and application of Article 13(1)(b) highlight some of the profound difficulties in finding a way forward on this important issue.
      PubDate: Sun, 13 Aug 2017 00:00:00 GMT
      DOI: 10.1093/clp/cux001
      Issue No: Vol. 70, No. 1 (2017)
  • Massively Discretionary Trusts
    • Authors: Smith L.
      Pages: 17 - 54
      Abstract: Trust drafting practices have changed dramatically in recent decades. A range of considerations has led to an increase in the dispositive discretions held by trustees. In some cases, the trustees’ dispositive discretions effectively govern the whole trust structure, leading to what the author calls a ‘massively discretionary trust’. These trusts create a series of legal risks. These include the possibility that the trust property is held on resulting trust from the moment of the trust’s constitution and the possibility that the beneficiaries can collapse the trust and take the trust property. Some drafting techniques may be based on a misunderstanding of the law; some may invite litigation; and the governing legal principles, as understood by some drafters, may be subject to revision and refinement by the courts. This article will examine some of these possibilities using concrete examples.
      PubDate: Thu, 14 Dec 2017 00:00:00 GMT
      DOI: 10.1093/clp/cuw014
      Issue No: Vol. 70, No. 1 (2017)
  • Illegality after Patel v Mirza
    • Authors: Burrows A.
      Pages: 55 - 71
      Abstract: English law on illegality in private law (eg illegal contracts) has long been regarded as both difficult and unsatisfactory. In 2016, the Supreme Court, sitting as a panel of nine, looked at the area again in Patel v Mirza. Here £620,000 had been paid for the defendant to bet on share prices using inside information (which, if carried out, would constitute the crime of insider dealing). The agreement was not carried out because the information was not forthcoming. Was the claimant entitled to repayment of that money' In answering that question, a majority of the Supreme Court set out a controversial new approach to this area of the law, which was vigorously rejected by the minority judges. This lecture examines the reasoning in the case and asks whether Patel v Mirza constitutes a triumph or a tragedy for the law of illegality.
      PubDate: Sat, 28 Oct 2017 00:00:00 GMT
      DOI: 10.1093/clp/cux008
      Issue No: Vol. 70, No. 1 (2017)
  • Patient No Longer' What Next in Healthcare Law'
    • Authors: Montgomery J.
      Pages: 73 - 109
      Abstract: A series of Supreme Court decisions since 2013 have revisited the fundamental principles of healthcare and medical law established during the 1980s in which the Bolam test became pre-eminent. These decisions represent a watershed and suggest that a reorientation is underway, in which the law is reducing the significance of the status of patients in favour of greater recognition of the human rights of health service users as citizens. Aintree (2013) suggests that respect for professional expertise probably remains intact, but its scope is expressly limited by Montgomery (2015). That case purports to bring the law’s understanding of patients into the modern era, although a close examination reveals that the analysis is deeply flawed. The Supreme Court Justices have shown an intent to give greater scope for human rights arguments, although the basis for this, as yet, lacks a clear rationale or coherence. Montgomery claims to be a radical departure from the previous orthodoxy and suggests a need to revisit many earlier cases. The human rights turn not only alters the doctrines that underpin the law affecting healthcare, but also provides a basis for the courts to assert jurisdiction. While the European Court of Human Rights has developed jurisprudence that defers to a margin of appreciation for democratic legislatures, Nicklinson (2014) shows the UK Supreme Court asserting its authority over Parliament and may indicate that the boundaries of healthcare law are being redrawn. A v N CCG (2017) seems to continue some features of the traditional approach, but R (A & B) v Sec State for Health (2017) confirms Article 8 of the ECHR as a limiting factor, while Doogan (2014) seems to limit its scope in healthcare law (in favour of being able to balance human rights issues through employment law). Together, these developments may represent a profound shift in the constitution of healthcare law.
      PubDate: Sat, 07 Oct 2017 00:00:00 GMT
      DOI: 10.1093/clp/cux006
      Issue No: Vol. 70, No. 1 (2017)
  • Hospitality, Tolerance, and Exclusion in Legal Form: Private International
           Law and the Politics of Difference
    • Authors: Muir Watt H.
      Pages: 111 - 147
      Abstract: In the context of the increasingly polarized political debate in the Western world, it is striking that many claims are made in the name of the law about the possible or necessary level of social acceptance of foreign-ness11. Law—usually in its constitutional variety—is invoked to justify various forms of closure, protectionism and differentiation between the home-grown and the foreign, in the name of community values, tradition, culture, or sovereignty. The rise of identity politics, linked to fear that rising levels of immigration threaten national cultural integrity, means that, most frequently, such claims tend to be framed in the terms of intolerance or exclusion rather than in those of tolerance, or indeed hospitality. In this respect, one salient feature about these contemporary political controversies—which are echoed most topically today in debates over Brexit, immigration control, President Trump’s ‘travel ban’ or the status of migrants—is the extent to which they focus on the supposed requirements of the law in relation to the defence of identity and the acceptance of otherness. While such debates tend to focus on the foreigner (alien, immigrant), they also concern institutions, practices, life-styles (or Lebensform), convictions, worldviews, and foreign law.
      PubDate: Thu, 14 Sep 2017 00:00:00 GMT
      DOI: 10.1093/clp/cux004
      Issue No: Vol. 70, No. 1 (2017)
  • Has Montgomery Administered the Last Rites to Therapeutic Privilege' A
           Diagnosis and a Prognosis
    • Authors: Mulheron R.
      Pages: 149 - 188
      Abstract: Therapeutic privilege excuses a medical practitioner from having to disclose the material risks associated with medical treatment which the law would otherwise require, because it is reasonably considered that such disclosure would harm the patient's health. Where successful, therapeutic privilege is a complete defence. However, it has suffered from an almost complete lack of judicial delineation in English law to date, and must rank as one of the most ‘obscure’ defences in this jurisdiction. The 2015 Supreme Court decision in Montgomery v Lanarkshire Health Board (Scotland) endorses the existence of therapeutic privilege, but does very little to clarify its scope or elements. Hence, the purposes of this article are three-fold. First, having canvassed its US origins, the article outlines the rare circumstances in which therapeutic privilege has applied in English law. Secondly, the author proposes three elements, and an analytical framework, for the defence, drawing upon a comparative analysis of English, Australian, and US jurisprudence. Thirdly, some policy difficulties with the defence are addressed, again from a comparative perspective.
      PubDate: Thu, 31 Aug 2017 00:00:00 GMT
      DOI: 10.1093/clp/cux002
      Issue No: Vol. 70, No. 1 (2017)
  • The Past, Present, and Future of Resulting Trusts
    • Authors: Mee J.
      Pages: 189 - 225
      Abstract: This article considers the nature and future of resulting trusts, and offers a critique of the Birks/Chambers theory of resulting trusts. It argues that the current law cannot be explained, as the Birks/Chambers theory suggests, on the basis of the reversal of unjust enrichment. Instead, the law of resulting trusts is based on an old fiction whereby the owner of property is regarded as holding a beneficial interest which may be retained when the legal ownership has been transferred to another person. Unfortunately, this ‘retention’ idea does not provide a doctrinally satisfying justification for the current law. A logical response would be to discard those aspects of the law of resulting trusts that depend on the retention idea and, therefore, to dispense with presumed resulting trusts. The article argues that, in fact, in English law the purchase-money resulting trust has already been made irrelevant by the common intention constructive trust. However, the article argues for the continued recognition of gap-filling (i.e. ‘automatic’) resulting trusts on the basis that an alternative justification can be identified for such trusts.
      PubDate: Thu, 31 Aug 2017 00:00:00 GMT
      DOI: 10.1093/clp/cux003
      Issue No: Vol. 70, No. 1 (2017)
  • Mutual Recognition: Promise and Denial, from Sapiens to Brexit
    • Authors: Nicolaidis K.
      Pages: 227 - 266
      Abstract: This contribution argues that the European crisis in general and Brexit in particular, can be seen to reflect the partial loss of the ethos of a principle that has been at the heart of the EU, namely mutual recognition. While familiar to legal scholars as a norm governing the integration of markets and the management of conflicts of law, the essay seeks to show how this principle bears on our current European predicament as a philosophical concept and a form of governance between states before dwelling on the intricacies of mutual recognition in the EU single market. Because recognition is sought, obtained or denied in all social spheres, every discipline has its own complex variation on this simple theme requiring to connect legal theory with anthropology, philosophy, history, sociology and international relations. The essay spans all these fields through eight takes (mutual Recognition shunned, invented, enshrined, constitutionalised, managed, ‘on trial’, lost, and for grabs) which can also be interpreted as different time horizons (from Sapiens to Brexit through Westphalia). Each take provides a variation on what is referred to as “mutual recognition paradox”, eg how to increase mutual engagement and mutual deference at the very same time.
      PubDate: Thu, 14 Dec 2017 00:00:00 GMT
      DOI: 10.1093/clp/cux009
      Issue No: Vol. 70, No. 1 (2017)
  • Administrative Discretion, Administrative Rule-making, and Judicial Review
    • Authors: McHarg A.
      Pages: 267 - 303
      Abstract: The starting point for legal analysis of UK administrative rule-making remains the presumption that discretion must be retained, as expressed in the no-fettering rule. Nevertheless, judicial attitudes have changed substantially since the landmark case of British Oxygen Co Ltd v Minister of Technology. Whereas the no-fettering rule historically deprived administrative rule-making of any significant legal status or effect, the permissive approach ushered in by British Oxygen Co paved the way for increasing judicial regulation of administrative rules, culminating in the contemporary position in which adopting rules or policies may sometimes be mandatory. Despite these changes, the law in this area remains unsatisfactory. While the no-fettering rule continues to frame and shape judicial intervention, it exists in considerable tension with newer legal doctrines and its scope and functions appear to have altered. Moreover, judicial regulation of administrative rule-making is still patchy and incomplete, and its conceptual basis is often unclear. This article therefore proposes a fundamental reconceptualisation of judicial control of administrative rule-making, which draws a sharper distinction between whether administrative actors should seek to structure their discretion through rules and how administrative rules should be regulated if adopted. On the former question, it advocates abandoning the no-fettering rule in favour of residual, rationality-based control over the degree of structuring which is appropriate in particular contexts. However, it recommends extending and systematising judicial control over administrative rules which have been adopted, employing a functional analysis to generate regulatory standards.
      PubDate: Thu, 14 Dec 2017 00:00:00 GMT
      DOI: 10.1093/clp/cux011
      Issue No: Vol. 70, No. 1 (2017)
  • Changing Values and Growing Expectations: The Evolution of Capacity Law
    • Authors: Donnelly M.
      Pages: 305 - 336
      Abstract: Legal responses to impaired capacity reflect different (and sometimes competing) values, with ongoing tension between empowerment and protection norms. These tensions are both inevitable and desirable; without them capacity law would be one-dimensional and conceptually inadequate. However, while normative underpinnings are important, concern with what law should be doing must not be allowed to distract from analysis of what law is doing. To understand this, we need to evaluate capacity law as a ‘social fact’. This article attempts to do this, drawing on aspects of systems theory to trace the evolution of capacity law and analyse the circular dynamic whereby broader societal norms impact on developments within the legal system and law in turn impacts on developments outside of the legal system. It identifies points of ‘perturbation’ between the legal system and the systems in law’s environment and argues that ongoing observation and strategic responsiveness are essential if capacity law in the future is to be able to sustain and advance the normative progress which has been made in the past.
      PubDate: Mon, 23 Oct 2017 00:00:00 GMT
      DOI: 10.1093/clp/cux007
      Issue No: Vol. 70, No. 1 (2017)
  • The EU and its Sovereign Debt Programmes: The Challenges of Liminal
    • Authors: Kilpatrick C.
      Pages: 337 - 363
      Abstract: This analysis focuses on the challenges the EU sovereign debt programmes raise for our understanding of legality in the EU by developing in particular the idea of liminal legality. Liminal legality, in the sense I develop it here, concerns legal issues awaiting legal location within one or more legal orders. I consider how long, and through which kinds of practices, do EU institutions allow unresolved legal spaces in the sovereign debt programmes to endure or re-emerge. This entails assessing the various EU judicial pathways through which sovereign debt programmes have been challenged. By stressing the temporal dimensions of liminal legality and the importance of viewing law as a practical enterprise, my analysis suggests that a narrowly doctrinal approach to recent cases such as Ledra Advertising, Mallis, and Florescu does not capture the problematic dimensions of legality in the EU sovereign debt programmes.
      PubDate: Thu, 14 Dec 2017 00:00:00 GMT
      DOI: 10.1093/clp/cux010
      Issue No: Vol. 70, No. 1 (2017)
  • Foucault’s Pendulum: Text, Context and Good Faith in Contract Law
    • Authors: McMeel G.
      Pages: 365 - 397
      Abstract: Recent developments in the construction of contracts have favoured a more literal approach to contractual language, and been hostile to the implication of words to fill perceived gaps in professionally drawn contracts. At the same time there has been renewed interest in the role of good faith in contract law. Until very recently the two topics had not been linked in the case law. The retreat towards literalism, or more kindly textualism, evidences a philosophy of contracting which is diametrically opposed to one which embraces objective standards of good faith and fair dealing. The two strands of development are analysed and the likely future direction of travel considered from a perspective which embraces a more contextual and common sense approach to contract law.
      PubDate: Tue, 12 Sep 2017 00:00:00 GMT
      DOI: 10.1093/clp/cux005
      Issue No: Vol. 70, No. 1 (2017)
School of Mathematical and Computer Sciences
Heriot-Watt University
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