Author: Lianne Smith

Corporal Punishment of Children – the Evolutionary Approach of International Law

December 9, 2013

  I cannot write this article without paying a tribute to Nelson Mandela who I regard as an inspiring human rights advocate. May he rest in peace.     1. Introduction In the past centuries, it was acceptable for adults, predominantly women and slaves, to be corporally punished. This is no longer the case today.… More Corporal Punishment of Children – the Evolutionary Approach of International Law

Codification of the Constitution – A three-part series

December 6, 2013

We will be releasing a three-part series on the codification of the Constitution in the United Kingdom. The Constitution in the United Kingdom is one of few Constitutions that have yet to be codified. This is a controversial issue that had raised numerous debates both within legal academia and the in politics. As the debate… More Codification of the Constitution – A three-part series

Hirst v United Kingdom (No.2) : A Danger for Both the UK and Europe

December 2, 2013

a.  Introduction “No one should be under any doubt – prisoners are not getting the vote under this government.”.[i] There is little uncertainty concerning David Cameron’s stance on the controversial matter of prisoners’ voting rights. The debate is an ethical impasse, evoking strong responses from both sides of the argument. Consequently a wide range of… More Hirst v United Kingdom (No.2) : A Danger for Both the UK and Europe

Big brother’s big brothers: Tort law and privacy in the Internet age

June 16, 2013

The Internet is a looming challenge for the protection of privacy in England. Although judges have on numerous occasions paid lip service to a right to this human right,[1] English law does not provide for a general tort to privacy.[2] This essay examines, to what extent the three traditional legal torts (defamation, harassment, and trespass… More Big brother’s big brothers: Tort law and privacy in the Internet age

Re-reading David Kennedy’s ‘Turning to Market Democracy’ as a Critique of Ideology

May 15, 2013

Introduction What does an epochal event do to political and legal theory, and vice versa? None of the theories of international relations have predicted the end of the Cold War. For the very reason that the Cold War stood for a political and territorial separation on the basis of ideology, it was – at least… More Re-reading David Kennedy’s ‘Turning to Market Democracy’ as a Critique of Ideology

The shaky philosophical foundation of state subsidised cultural institutions

May 1, 2013

“We are our choices”, declared Jean-Paul Sartre. Attractive as that may seem, Joseph Raz would alter this aphorism to read: we are our choices if we have arrived at them autonomously – requiring minimum rationality, independence from coercion, and importantly, an adequate range of options to choose from.[1] Admittedly a mouthful, this redefinition is crucial… More The shaky philosophical foundation of state subsidised cultural institutions

Case Comment

April 19, 2013

  Case-Comment: Attorney-General v Jonathan Cape Ltd [1975] 3 All E.R. 484                                                                                                                                                                                      Jessica Parry   i.     Introduction This case is focused on the Crossman Diaries and whether the restraint of publication of this text is in the public interest on the grounds of preserving the doctrine of collective responsibility. The relevant parties to this… More Case Comment

Human Rights: Between Parliamentary Supremacy and the Rule of Law

April 16, 2013

Introduction: It was not all long ago, November 2012, that 56% of the British population supported the idea of the United Kingdom leaving the European Union.[1] As the Prime Minister, David Cameron, put it in his speech on the EU referendum, some “of this antipathy about Europe in general really relates of course to the… More Human Rights: Between Parliamentary Supremacy and the Rule of Law