This chapter examines and challenges the dominant academic portrayal of Anglo-American corporate law as an aspect of private law, and argues for a re-characterisation of the subject that reflects the centrality of public regulation to its core dynamics. It first explores the purported...

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...

This paper review empirical studies examining the economic effects of laws governing the formation, financing and organisation of business firms with the aim of putting the UK experience in a comparative perspective. The literature identifies two models of legal support for manufacturing which...

Most directors and senior managers of UK companies would likely regard it as trite law that, in undertaking their managerial and/or control functions, they are accountable first and foremost to their employer firm's general body of shareholders. It follows that the interests of other corporate...

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...

The consequences of the Brexit vote will be felt throughout the legal systems, both in the UK and in the EU. The legal consequences of the Brexit decision and the process which will lead to the withdrawal of the UK, raises numerous questions many of which are in the process of being analysed,...

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...

For more than two decades, the European Union has been experimenting with forms of policy coordination as a means of seeking influence in domains of policy that more typically fall within the competence and political authority of its Member States. Across economic, employment and social...

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 my 2009 book Moral Realism as a Moral Doctrine, I argued that morality is objective in several distinct though overlapping senses, and I further maintained that questions about the objectivity of morality are substantive moral questions (albeit usually at high levels of abstraction). In the...