New article: Is there a Conservative Counter-Terrorism?

The latest issue of the King’s Law Journal is a special reflection on ‘civil liberties under Conservative-led governments since 2010′. The papers within the issue cover a wide range of topics including human rights protection across what Colin Harvey calls the “fractured union” of the UK, to the European Social Charter discussed by Colm O’Cinnéide.

My colleague Lydia Morgan and I have a paper on counter-terrorism law and policy (“Is there a Conservative counter-terrorism?”), wanting to question whether there is something distinctive about the Conservative approach to counter-terrorism in the post-2010 era when compared with what came before it. In the paper we find that actually there is a remarkable level of substantive continuity between New Labour governments from 1997-2010 and the 2010+ approach in Conservative-Led governments. The Blair/Brown approach in turn is deeply informed by what preceded it, especially in Northern Ireland, so that in fact there is a fairly wide and deep consensus about some core commitments within UK counter-terrorism law. Those core commitments are: a focus on prevention, an embrace of surveillance, and a manifestation of human rights scepticism in the counter-terrorism context. Continue reading New article: Is there a Conservative Counter-Terrorism?

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New article: On public submissions to the Citizens’ Assembly

1-s2.0-S0277539518X0003X-cov150hMy latest paper, written with Mima Markicevic, has just been published in the Women’s Studies International Forum. The paper, entitled “Reforming abortion law in Ireland: Reflections on the public submissions to the Citizens’ Assembly“, builds on a hand coding of a sample of over 1,000 submissions to the Assembly on the 8th Amendment and considers the arguments made out therein, placing them against the backdrop of the Joint Oireachtas Committee and the eventual referendum campaign. Access is free through this link for the first 50 days of publication, and this extract from the introduction gives a good sense of the overall argument:

Following a detailed, hand-coded analysis of over 1000 of the submissions received we found that they attend primarily to ‘broad’ or ‘first principles’ arguments about abortion per se, and are only minimally concerned with technical (and technocratic) arguments about the future shape and nature of the legal regulation of abortion. Within the submissions themselves there is limited evidence that key arguments about harm, the impact of criminalization, and the requirements of international human rights law that were advanced by pro-repeal advocates achieved significant purchase, while the pro-retain submissions revealed a significant dependence on emerging arguments about disability and disability rights in anti-abortion activism. In contrast, arguments of constitutional design, of international human rights law, of legal certainty, of medical practice etc. dominated the official narrative that followed the Assembly, in particular the Joint Oireachtas Committee that was established especially to receive and consider the report of the Assembly and make recommendations to the parliament as a whole (Houses of the Oireachtas, 2017). In this paper we focus on the primary arguments made the submissions from the general public to the Citizens’ Assembly. We go on to consider the extent to which these arguments subsequently arose in the referendum campaign of 2018. Relying on a detailed exit poll from the referendum vote (RTE & Behaviour and Attitudes, 2018), we argue that the arguments made in these submissions continued to motivate voters on the day of the referendum itself, even where the elite and official discourses of the referendum campaign itself diverged somewhat from these. This analysis raises questions about the purpose of the Citizens’ Assembly per se and particularly about whether its primary impact was on official political narratives of abortion law reform in Ireland rather than on the everyday voter as she engaged with the issues.

 

Repealing the 8th: With new Postscript

9781447347514-405759-300x400In February Mairead Enright and I published Repealing the 8th: Reforming Irish Abortion Law with Policy Press. The book was finished on 15 November 2017 and, since then, there have been significant developments in the progress towards a referendum on the 8th Amendment including the publication of the JOC report, the Cabinet announcement that a referendum would be held, the publication of a Department of Health policy paper on the shape and form of future post-repeal legislation for access to abortion, a Supreme Court decision on the extent of foetal rights under the current constitutional arrangement, and the publication of the 36th Referendum on the Constitution Bill 2018. Happily, we have had an opportunity to update the book taking all of these developments into account with a new postscript as it went to its second printing run. The new, expanded version is now available to purchase online through Policy Press, in bookshops, and (free) on Open Access download here.

Can infringement proceedings ‘solve’ the ECtHR’s non-execution problem?

The final version of new article, written with Kanstantsin Dzehtsiarou, is now published in the International and Comparative Law Quarterly. The article, entitled (rather pessimistically) “Mission Impossible? Addressing Non-Execution through Infringement Proceedings in the European Court of Human Rights”, picks up on a recent proposal that Article 46(4) of the ECHR would be used to address non-execution. This allows the Committee of Ministers to refer a case back to the Court in the case of non-execution by the contracting state. In short, we argue that such an approach is misguided on three grounds: practicality, futility, and backlash. Fundamentally, we say, the proposed solution does not ‘fit’ the problem of non-execution properly understood. Continue reading Can infringement proceedings ‘solve’ the ECtHR’s non-execution problem?