Posts

Image
Posted by LLT

Is private sector competition a feasible solution in resolving the challenges of imprisonment?

Image
Posted by LLT

Is the decision in Keck (C-267/91) now merely a distraction in analysing the Court of Justice’s approach to the single market?

Image
Posted by LLT

Discuss whether the principle of subsidiarity under Article 5(3) TEU and the recent case law of the Court of Justice of the EU on the law of citizenship fuel a constructive and necessary debate on how some of the EU’s objectives might be achieved at a lower cost for Member States’ autonomy.

Image
Posted by LLT

The rules on horizontal direct effect of directives have been criticized for leading to situations of unfairness and uncertainty. To what extent is the decision of the Court of Justice of the EU in Bauer (C-569/ 16) an improvement? Critically assess the decision by reference to the Court’s earlier case law.

Image
Posted by LLT

'The [Human Rights Act 1998] is in many ways an astonishing Act. It introduces vague [C]onvention rights ... into our law. It requires other statutes somehow to be read consistently with these vague rights, the working out of which requires domestic courts to make political judgments (about what is or is not proportionate, about what is justified in a free and democratic society) and implicates courts in political controversies about how rights should best be protected. In enacting the [Human Rights Act], Parliament was clearly willing to compromise existing constitutional principle to some extent.' (EKINS and GEE) To what extent do you consider these criticisms of the Human Rights Act 1998 to be warranted? [2019].