This working paper is the precursor to a chapter I am writing for an edited collection on substantive judicial review. In this working paper, I argue against the two dominant schools of thought in this area, according to which substantive review is either bifurcated (by reference to the...

In this paper, I argue that a proper understanding of the idea of deference is impossible unless an adequately structured approach to the doctrine of proportionality is adopted. I criticise judicial decisions which fail to adopt a structured approach to proportionality and demonstrate how...

Protocol 36 to the Lisbon Treaty gives the UK the right to opt out en bloc of all the police and criminal justice measures adopted under the Treaty of Maastricht ahead of the date when the Court of Justice of the EU at Luxembourg will acquire jurisdiction in relation to them. The government is...

This paper examines the Declaration on the Future of the European Court of Human Rights – the product of the High Level Conference of the Council of Europe's Committee of Ministers that was held in Brighton, UK, in April 2012. The paper considers the extent to which the Declaration is likely...

In this paper, I reflect on the ongoing debate concerning the protection of human rights in the UK. I attempt to situate that debate within its legal and political context by examining the underlying reasons that might explain why the Act has been the source of so much controversy. Against that...

Why are the civil remedies at common law which delivery up specific moveable property to another with greater right to possess so narrow in English law? Historically the equitable remedy of specific restoration returned property more easily than even the rule today; the common law remedy remains...

Drawing upon evidence from early-sixteenth-century Chancery pleadings, this paper aims to contribute to our understanding of the framing of the Statute of Uses 1536. It looks, not backwards from later unexecuted uses or trusts, but forwards from evidence of practice in creating uses in the...

“Offensive shareholder activism” involves buying up sizeable stakes in underperforming companies and agitating for changes predicted to increase shareholder returns. Though hedge funds are currently highly publicized practitioners of this corporate governance tactic, there has been no...

After a brief period during the financial crisis when countries appeared to be lurching towards economic nationalism, the international community has reaffirmed its commitment to open markets that are regulated in balanced ways that promote innovation while discouraging abuse. Hence, it remains...

An important tenet of a burgeoning 'law and finance' literature is that stock market development is contingent upon corporate law offering ample protection to shareholders. This paper addresses this claim, using as its departure point developments occurring in the United States between 1930 and...