John stanton | City, University of London (original) (raw)

Papers by John stanton

Public Law, 2020

This chapter examines the rights contained within Article 10 of the European Convention on Human ... more This chapter examines the rights contained within Article 10 of the European Convention on Human Rights (freedom of expression), Article 11 (freedom of association and assembly), Article 5 (the right to liberty), and Article 8 (the right to a private and family life). It considers the domestic application of these rights as well as the various cases in which they have been raised. In doing this, the chapter explores the balance that must be struck between certain rights on the one hand and competing interests and needs on the other. With this in mind, it focuses on two areas: first, the freedoms of association and assembly, balanced against the need to ensure public order; and secondly, the freedom of liberty and right to a fair trial, against the need to ensure that the police can carry out their functions and responsibilities appropriately.

Public Law provides an interesting approach to constitutional and administrative law. Topics incl... more Public Law provides an interesting approach to constitutional and administrative law. Topics include: the UK Constitution; the institutions of government and the separation of powers; the rule of law; parliamentary sovereignty; the European Union; and Brexit. It also looks at the Crown and the royal prerogative; central government; Parliament; and devolution and local government. Next it presents a number of judicial reviews in the following: illegality, irrationality and proportionality, and procedural impropriety. Finally, it considers administrative justice, the European Convention on Human Rights and the Human Rights Act, and human rights in the UK.

Public Law, 2018

One of the most fundamental aspects of any constitution are the provisions and measures that prot... more One of the most fundamental aspects of any constitution are the provisions and measures that protect the rights and freedoms of individuals. In the UK, rights protection is markedly different to that in America, in chief because there is no entrenched Bill of Rights. Rights protection is dominated by the European Convention on Human Rights (ECHR), incorporated by the Human Rights Act 1998, which sets out a number of positive rights that are actionable in the UK courts This chapter discusses the ways in which these rights are protected in the UK Constitution. It discusses the courts' historic civil liberties approach and common law protection of rights, before then examining the development, incorporation, and application of the ECHR. The chapter also explores the way in which the various sections of the Human Rights Act 1998 work to ensure appropriate enforcement and protection of rights in UK law.

Environmental Law Review, 2014

Bringing into force crucial aspects of the Coalition's ‘Big Society’, the Localism Act 2011 i... more Bringing into force crucial aspects of the Coalition's ‘Big Society’, the Localism Act 2011 introduces changes to neighbourhood planning through which it seeks to decentralise power to the lowest possible level and afford local communities the opportunities to take the initiative with regards to developing local areas in line with local needs and issues. This article examines the neighbourhood planning provisions of the Act and considers the extent to which they achieve their aims and realise the objectives of the Big Society. It argues that, whilst seeking to decentralise power and empower communities to lead forward local development, the Act leaves a great deal of autonomy in the hands of central government and local authorities, meaning that the communities themselves are constrained by higher authority; it fails also to tackle sufficiently, issues relating to citizen and community engagement.

This review article offers a discussion of Judicial Cosmopolitanism: The Foreign Law in Contempor... more This review article offers a discussion of Judicial Cosmopolitanism: The Foreign Law in Contemporary Constitutional Systems and explores the contribution the book makes to an ever growing corner of comparative constitutional law. It starts by placing scholarship focusing on judicial use of foreign law within the broader field, marking out Ferrari’s contribution as comprehensive. It then explains, in detail, some of the trends that can be identified from Ferrari’s text, embarking on a discussion of the varying ways in which jurisdictions across the world make use of foreign law.

This paper examines the recent trend in English local government to introduce directly-elected ma... more This paper examines the recent trend in English local government to introduce directly-elected mayors. This is a relatively recent emergence, with the creation of the position of London Mayor in 2000 seeing the first such position. In the years following, however, the UK Government has made numerous attempts to introduce the model more widely across the country with little success. Despite the Government’s case for the model, there is little popular democratic support and referendums have generally seen the model rejected. New reforms, though, in 2016 see the introduction of directly elected mayors at the Combined Authority level, these being introduced without referendums. This article examines the development of the model in England and offers an analysis.

The Constitution of Malta makes express provision for its own supremacy, clarifying the predomina... more The Constitution of Malta makes express provision for its own supremacy, clarifying the predominance of the codified document over the internal constitutional arrangements in the context of post-imperial government. This provision, though, presents legal and practical problems, particularly in view of the weak entrenchment the Constitution is afforded. This claim to supremacy is fragile and, in many respects, is dependent upon continued parliamentary recognition. What is more, in assessing the constitutional validity of legislation, the Constitutional Court has not regarded findings of invalidity as having effect beyond the scope of that particular case, leaving it to Parliament to determine whether constitutionally invalid laws should be repealed (or not). This article explores solutions to these problems, arguing for firmer constitutional entrenchment, a refined process for amendment and a more authoritative power for the Constitutional Court to declare unconstitutional Acts void.

Environmental Law Review, 2012

Sustainable development has, in recent times, come to feature prominently on the government agend... more Sustainable development has, in recent times, come to feature prominently on the government agenda, particularly in respect of local communities. In line with this, the New Deal for Communities programme was established to work towards the regeneration of some of the most deprived neighbourhoods in England. Now that the scheme has reached its conclusion, this article evaluates the extent to which it met with the government's policies for ‘building sustainable communities' as set out in the Strategies on Sustainable Development 1999 and 2005.

Legal Studies, 2018

Recent governments have introduced a plethora of reforms seeking to decentralise power to local g... more Recent governments have introduced a plethora of reforms seeking to decentralise power to local government in England. Invariably, however, these have fallen short of stated objectives, leaving councils at the mercy of central supervision and with insufficient local autonomy. This paper explores the reasons underpinning this concern. It identifies a top-down approach to localism and considers the culture of centralism that persists as a consequence. It then discusses how a bottom-up approach might be achieved, exploring how political and legal mechanisms can protect councils from centralised interference in the future.

Public Law, 2014

makes fundamental changes to the powers and arrangements of local authorities. 1 Amongst these is... more makes fundamental changes to the powers and arrangements of local authorities. 1 Amongst these is the introduction of a general power of competence replacing the well-being power, in the Local Government Act 2000 (LGA 2000). This analysis explores the nature of this new power and the extent to which it serves local authorities more effectively than its predecessor. Whilst we focus chiefly on the wording of the relevant provisions and the manner in which they have been interpreted, this analysis acknowledges that wider issues, not for discussion here, have and can impact on the use of these powers. 2

Legal Studies, 2010

Groups of companies operating in several jurisdictions (multinational enterprise groups or MEGs) ... more Groups of companies operating in several jurisdictions (multinational enterprise groups or MEGs) have been around for a long time, although the process referred to as 'globalisation' since the 1990s has certainly swelled their number further. Like other companies and groups of companies, a number of MEGs have suffered financial distress or have even become insolvent. By and large, however, the insolvency laws of the major economies have little to say about MEGs, despite the work towards harmonisation by UNCITRAL and other bodies. This is where Irit Mevorach's book comes in. It is both timely and topical, as the Court of Appeal's recent judgment in Stanford International Bank shows. 1 The book's nine chapters, following the brief introduction, 2 are grouped in three parts: 'The context of insolvency within multinational enterprise groups-the phenomenon and key problems'; 3 'Guiding objectives and typical scenarios'; 4 and 'The quest for appropriate solutions for insolvency within multinational enterprise groups'. 5 In the introduction, the author sets out her method of 'considering approaches across jurisdictions to reveal common grounds' without '[focusing] on a particular legal system'. 6 She looks at specific legal systems, namely those of the USA, the UK and the EC Insolvency Regulation 1346/2000. While most of the literature cited is American, other legal systems receive at least a cursory glance. More would be unrealistic to expect if a book of such scope is to retain a manageable size. If one were to regret anything about the author's approach, it would be her reliance on secondary (English language) sources throughout, including when the book touches on legal systems whose language is not English. This limitation occasionally entails heavily outdated references to, for example, German and French law. 7 In the end, however, this does not matter much: the questions for which the author develops solutions would not have been markedly different, had more detail been added about one or other legal system. The author's policy suggestions are inspired primarily by the work of UNCITRAL, in some of which the author is involved herself. Chapter 1 on 'The phenomenon of the multinational enterprise group' gives a short sketch of the rise of the MEG as a key player in world business. Crucially for the development of the author's argument, she distinguishes between 'equity-based hierarchical multinational corporate groups', on the one hand, ie those operating across

Public Law, 2020

This chapter examines the rights contained within Article 10 of the European Convention on Human ... more This chapter examines the rights contained within Article 10 of the European Convention on Human Rights (freedom of expression), Article 11 (freedom of association and assembly), Article 5 (the right to liberty), and Article 8 (the right to a private and family life). It considers the domestic application of these rights as well as the various cases in which they have been raised. In doing this, the chapter explores the balance that must be struck between certain rights on the one hand and competing interests and needs on the other. With this in mind, it focuses on two areas: first, the freedoms of association and assembly, balanced against the need to ensure public order; and secondly, the freedom of liberty and right to a fair trial, against the need to ensure that the police can carry out their functions and responsibilities appropriately.

Public Law provides an interesting approach to constitutional and administrative law. Topics incl... more Public Law provides an interesting approach to constitutional and administrative law. Topics include: the UK Constitution; the institutions of government and the separation of powers; the rule of law; parliamentary sovereignty; the European Union; and Brexit. It also looks at the Crown and the royal prerogative; central government; Parliament; and devolution and local government. Next it presents a number of judicial reviews in the following: illegality, irrationality and proportionality, and procedural impropriety. Finally, it considers administrative justice, the European Convention on Human Rights and the Human Rights Act, and human rights in the UK.

Public Law, 2018

One of the most fundamental aspects of any constitution are the provisions and measures that prot... more One of the most fundamental aspects of any constitution are the provisions and measures that protect the rights and freedoms of individuals. In the UK, rights protection is markedly different to that in America, in chief because there is no entrenched Bill of Rights. Rights protection is dominated by the European Convention on Human Rights (ECHR), incorporated by the Human Rights Act 1998, which sets out a number of positive rights that are actionable in the UK courts This chapter discusses the ways in which these rights are protected in the UK Constitution. It discusses the courts' historic civil liberties approach and common law protection of rights, before then examining the development, incorporation, and application of the ECHR. The chapter also explores the way in which the various sections of the Human Rights Act 1998 work to ensure appropriate enforcement and protection of rights in UK law.

Environmental Law Review, 2014

Bringing into force crucial aspects of the Coalition's ‘Big Society’, the Localism Act 2011 i... more Bringing into force crucial aspects of the Coalition's ‘Big Society’, the Localism Act 2011 introduces changes to neighbourhood planning through which it seeks to decentralise power to the lowest possible level and afford local communities the opportunities to take the initiative with regards to developing local areas in line with local needs and issues. This article examines the neighbourhood planning provisions of the Act and considers the extent to which they achieve their aims and realise the objectives of the Big Society. It argues that, whilst seeking to decentralise power and empower communities to lead forward local development, the Act leaves a great deal of autonomy in the hands of central government and local authorities, meaning that the communities themselves are constrained by higher authority; it fails also to tackle sufficiently, issues relating to citizen and community engagement.

This review article offers a discussion of Judicial Cosmopolitanism: The Foreign Law in Contempor... more This review article offers a discussion of Judicial Cosmopolitanism: The Foreign Law in Contemporary Constitutional Systems and explores the contribution the book makes to an ever growing corner of comparative constitutional law. It starts by placing scholarship focusing on judicial use of foreign law within the broader field, marking out Ferrari’s contribution as comprehensive. It then explains, in detail, some of the trends that can be identified from Ferrari’s text, embarking on a discussion of the varying ways in which jurisdictions across the world make use of foreign law.

This paper examines the recent trend in English local government to introduce directly-elected ma... more This paper examines the recent trend in English local government to introduce directly-elected mayors. This is a relatively recent emergence, with the creation of the position of London Mayor in 2000 seeing the first such position. In the years following, however, the UK Government has made numerous attempts to introduce the model more widely across the country with little success. Despite the Government’s case for the model, there is little popular democratic support and referendums have generally seen the model rejected. New reforms, though, in 2016 see the introduction of directly elected mayors at the Combined Authority level, these being introduced without referendums. This article examines the development of the model in England and offers an analysis.

The Constitution of Malta makes express provision for its own supremacy, clarifying the predomina... more The Constitution of Malta makes express provision for its own supremacy, clarifying the predominance of the codified document over the internal constitutional arrangements in the context of post-imperial government. This provision, though, presents legal and practical problems, particularly in view of the weak entrenchment the Constitution is afforded. This claim to supremacy is fragile and, in many respects, is dependent upon continued parliamentary recognition. What is more, in assessing the constitutional validity of legislation, the Constitutional Court has not regarded findings of invalidity as having effect beyond the scope of that particular case, leaving it to Parliament to determine whether constitutionally invalid laws should be repealed (or not). This article explores solutions to these problems, arguing for firmer constitutional entrenchment, a refined process for amendment and a more authoritative power for the Constitutional Court to declare unconstitutional Acts void.

Environmental Law Review, 2012

Sustainable development has, in recent times, come to feature prominently on the government agend... more Sustainable development has, in recent times, come to feature prominently on the government agenda, particularly in respect of local communities. In line with this, the New Deal for Communities programme was established to work towards the regeneration of some of the most deprived neighbourhoods in England. Now that the scheme has reached its conclusion, this article evaluates the extent to which it met with the government's policies for ‘building sustainable communities' as set out in the Strategies on Sustainable Development 1999 and 2005.

Legal Studies, 2018

Recent governments have introduced a plethora of reforms seeking to decentralise power to local g... more Recent governments have introduced a plethora of reforms seeking to decentralise power to local government in England. Invariably, however, these have fallen short of stated objectives, leaving councils at the mercy of central supervision and with insufficient local autonomy. This paper explores the reasons underpinning this concern. It identifies a top-down approach to localism and considers the culture of centralism that persists as a consequence. It then discusses how a bottom-up approach might be achieved, exploring how political and legal mechanisms can protect councils from centralised interference in the future.

Public Law, 2014

makes fundamental changes to the powers and arrangements of local authorities. 1 Amongst these is... more makes fundamental changes to the powers and arrangements of local authorities. 1 Amongst these is the introduction of a general power of competence replacing the well-being power, in the Local Government Act 2000 (LGA 2000). This analysis explores the nature of this new power and the extent to which it serves local authorities more effectively than its predecessor. Whilst we focus chiefly on the wording of the relevant provisions and the manner in which they have been interpreted, this analysis acknowledges that wider issues, not for discussion here, have and can impact on the use of these powers. 2

Legal Studies, 2010

Groups of companies operating in several jurisdictions (multinational enterprise groups or MEGs) ... more Groups of companies operating in several jurisdictions (multinational enterprise groups or MEGs) have been around for a long time, although the process referred to as 'globalisation' since the 1990s has certainly swelled their number further. Like other companies and groups of companies, a number of MEGs have suffered financial distress or have even become insolvent. By and large, however, the insolvency laws of the major economies have little to say about MEGs, despite the work towards harmonisation by UNCITRAL and other bodies. This is where Irit Mevorach's book comes in. It is both timely and topical, as the Court of Appeal's recent judgment in Stanford International Bank shows. 1 The book's nine chapters, following the brief introduction, 2 are grouped in three parts: 'The context of insolvency within multinational enterprise groups-the phenomenon and key problems'; 3 'Guiding objectives and typical scenarios'; 4 and 'The quest for appropriate solutions for insolvency within multinational enterprise groups'. 5 In the introduction, the author sets out her method of 'considering approaches across jurisdictions to reveal common grounds' without '[focusing] on a particular legal system'. 6 She looks at specific legal systems, namely those of the USA, the UK and the EC Insolvency Regulation 1346/2000. While most of the literature cited is American, other legal systems receive at least a cursory glance. More would be unrealistic to expect if a book of such scope is to retain a manageable size. If one were to regret anything about the author's approach, it would be her reliance on secondary (English language) sources throughout, including when the book touches on legal systems whose language is not English. This limitation occasionally entails heavily outdated references to, for example, German and French law. 7 In the end, however, this does not matter much: the questions for which the author develops solutions would not have been markedly different, had more detail been added about one or other legal system. The author's policy suggestions are inspired primarily by the work of UNCITRAL, in some of which the author is involved herself. Chapter 1 on 'The phenomenon of the multinational enterprise group' gives a short sketch of the rise of the MEG as a key player in world business. Crucially for the development of the author's argument, she distinguishes between 'equity-based hierarchical multinational corporate groups', on the one hand, ie those operating across