Earlier this month I was pleased to participate in the KCL transnational law colloquium, where I presented some work on hybridity, counter-terrorism and human rights including and beyond law. After the colloquium I was interviewed on some of the themes that my presentation raised, and that interview is now available (audio file only) on the KCL YouTube stream here.
Author: fdelondras
Genest Memorial Lecture, Osgoode Hall, January 7
I am delighted to be going to Osgoode Hall Law School in Toronto next month to deliver the Genest Memorial Lecture and a number of seminars, as well as to meet and work with some graduate researchers there and colleagues on the Faculty. My Genest Lecture, the poster for which is attached, will take place at 12:30 on January 7th and is entitled ‘Counter-Terrorism, Transnationalism, and Human Rights’. The abstract is below and the poster for the lecture is attached here.
Much of contemporary terrorism uses the products of globalisation in recruitment, financing and other operations. The transnationalism of terrorism, together with the cross-border connectedness of people, capital, communication infrastructure and politics, have combined so that states now act in concert on a wide variety of issues, one of which is counter-terrorism. In this lecture, Professor de Londras outlines institutional, multi- and bi-lateral forms of transnational counter-terrorism, arguing that ‘external actors’ are deeply involved in directing counter-terrorism. This has serious implications for constitutonalism and human rights, raising questions as to accountability, autonomy, legitimacy and the effective protection of human rights.
New article on Irish abortion law (Enright & de Londras)
Update I have now attached pre-print version of the article to this post.
My latest article, co-authored with Màiréad Enright (Kent), has just been published. Part of a special issue of the Medico-Legal Journal of Ireland to reflect on the first year of the Protection of Life During Pregnancy Act 2013, the conclusion of the paper presents a summarised version of the argument thus:
The cases of Miss Y and Savita Halappanavar demonstrate that the Eighth Amendment has been reduced, over the years, to a catalogue of anomalies, unexplained readings, missed opportunities and speculative silences. Although the constitutional text might be applied in a manner that more appropriately recognises women’s autonomy as well as their rights to health, bodily integrity and privacy, this would require a fundamental shift in the interpretation of Art.40.3.3°, led either by the judiciary or the Oireachtas. This is a highly unlikely prospect owing to a likely reluctance by the judiciary to engage in such activism in the field of abortion jurisprudence, given the political fallout from the X case, probable political resistance to grasping the nettle of abortion law reform and cross-party disagreement on the appropriate legal regime in Ireland. In this sort of instance, constitutional reform by means of a referendum is clearly required. The shape of such reform might be decided following a period of consultation, perhaps by means of a specially-convened constitutional convention. However, before that can happen, we must agree, in principle, that the status quo is unsustainable. The cases of Miss Y and Savita Halappanavar, which frame this article, bring the hardship caused by the Eighth Amendment into stark relief.
The full citation is Mairead Enright & Fiona de Londras, “‘Empty Without and Empty Within’: the Unworkability of the Eighth Amendment after Savita Halappanavar & Miss Y” (2014) 20 Medico-Legal Journal of Ireland 85
New Book: Critical Debates on Counter-Terrorism Judicial Review
I am delighted that my new book, co-edited with Fergal F. Davis (UNSW), has now been published by Cambridge University Press. The book, entitled Critical Debates on Counter-Terrorism Judicial Review, features an excellent collection of international scholars who bring their own unique perspectives to the debates about the role and nature of judicial review of counter-terrorist measures, as well as alternatives to judicial oversight (such as enhanced political oversight, enquiries and independent reviewers). This is reflected in the table of contents:
Introduction
Counter-terrorist judicial review: beyond dichotomies, Fergal F. Davis and Fiona de Londras
Part I. Judging Counter-Terrorist Judicial Review
1. Counter-terrorist judicial review as regulatory constitutionalism, Fiona de Londras
2. Counter-terrorism judicial review by a traditionally weak judiciary, Jens Elo Rytter
3. When good cases go bad: unintended consequences of rights-friendly judgments, David Jenkins
4. The rhetoric and reality of judicial review of counter-terrorism actions: the United States experience, Jules Lobel
Part II. Beyond Counter-Terrorist Judicial Review
5. Emergency law as administrative law, Mark Tushnet
6. The politics of counter-terrorism judicial review: creating effective parliamentary scrutiny, Fergal F. Davis
7. Independent reviewers as alternative: an empirical study from Australia and the UK, Jessie Blackbourn
8. Public inquiries as an attempt to fill accountability gaps left by judicial and legislative review, Kent Roach
Part III. Counter-Terrorist Judicial Review in the Political Constitution
9. Rebalancing the unbalanced constitution: juridification and national security in the United Kingdom, Roger Masterman
10. Running business as usual: deference in counter-terrorist rights review, Cora Chan
10. Deference and dialogue in the real-world counter-terror context, Gavin Phillipson
Part IV. Internationalised Counter-Terrorist Judicial Review
11. Counter-terrorism law and judicial review: the challenge for the Court of Justice of the European Union, Cian C. Murphy
12. Post 9/11 UK counter-terrorism cases in the European Court of Human Rights: a ‘dialogic’ approach to rights’ protection or appeasement of national authorities?, Helen Fenwick
13. Accountability for counter-terrorism: challenges and potential in the role of the courts, Helen Duffy.
The book emerged from a workshop generously funded by the British Academy/Leverhulme Trust small grants scheme, and can now be ordered directly from CUP. You can also read the substantive introductory chapter written by myself and Fergal for free through my SSRN page, and my chapter on the Durham repository.
Professor Fiona de Londras 