Ian Leigh | Durham University (original) (raw)
Papers by Ian Leigh
University of Adelaide Press eBooks, Mar 11, 2015
Osgoode Hall Law Journal, 1996
Christianity and Constitutionalism
This chapter addresses the relationship between religious liberty and freedom of conscience, seek... more This chapter addresses the relationship between religious liberty and freedom of conscience, seeking to re-evaluate the Christian contribution in the light of current controversial conscience claims. It identifies two significant trends. The first and dominant one is for Christian writers to treat conscience as a matter of moral belief. This approach conceives freedom of religion in “Protestant” terms (i.e., as belief centered and genuinely personally held in order to be of any value) so that the right of freedom of conscience has a high degree of convergence with it. Although this approach has its origins in early Christian thought, the discussion focuses on the impact of seventeenth-century Christian writers on the foundations of liberal constitutionalism. The second approach, particularly associated with Thomism and natural law thinking, and reflected in modern Catholic law thought, stresses that conscience is a form of objective moral knowledge. Both strands contrast with modern...
Religious Freedom in the Liberal State, 2005
Although religious speech is treated legally as a liberty, in proselytising religions (Christiani... more Although religious speech is treated legally as a liberty, in proselytising religions (Christianity especially) bearing witness to one’s faith — speaking about it to others — is a religious duty, rather than a matter of choice. This chapter argues for equal protection of anti-religious speech and for religious speech generally. There are two situations where religious liberty could be said to conflict with free speech: the case of anti-religious speech and the position of dissenters within religious organisations. In the latter, the underlying issue is whether a religious organisation in a liberal state needs to internalise and mirror that society’s values, including free speech. This chapter argues that it need not where to do so would destroy another important value: freedom of association.
Religious Freedom in the Liberal State, 2005
This chapter examines some of the many difficult issues arising in the medico-legal area insofar ... more This chapter examines some of the many difficult issues arising in the medico-legal area insofar as they have a religious dimension or implicate the religious liberty of the persons seeking or refusing treatment. The law concerning medical treatment is discussed and the position of adults, adolescents or teenagers, and infants is examined. The chapter also looks at the underlying assumptions represented in the disputes between the law and certain religionists who spurn conventional medical treatment in favour of exclusive reliance upon prayer or other spiritual cures. A recent trilogy of cases involving the tragic deaths of children whose parents rejected conventional medicine for, in one case, alternative medicine, and, in the other two decisions, religious healing, is presented. The second example concerns the rights of parents to circumcise their male children, a traditional religious practice that is increasingly disfavoured by the medical profession. The discussion concludes wi...
Legal Studies, Aug 24, 2022
Revue de droit militaire et de droit de la guerre, Dec 1, 2006
Box No. 1: Norms and Standards for Democratic Oversight of Security and Intelligence Services as ... more Box No. 1: Norms and Standards for Democratic Oversight of Security and Intelligence Services as adopted by (selected) international organisations Organisation Norm/Standard Source UNDP Democratic civil control of the military, police and other security forces (report enumerates principles of democratic governance in the security sector) 'Calls on the national parliaments to: (1) Support plans for reforming intelligence systems, while defending parliamentary prerogatives with a view to more efficient and effective democratic scrutiny of intelligence gathering activities and of the use to which that information is put.' Resolution 113 (adopted unanimously and without amendment by the Assembly on 4 December 2002 [9 th sitting].
Oxford University Press eBooks, Oct 13, 2005
We are indebted to the British Academy and Association of Commonwealth Universities for their gen... more We are indebted to the British Academy and Association of Commonwealth Universities for their generosity in awarding us a research grant under their joint programme to support international collaboration. Ian Leigh is grateful for the support of the Arts and Humanities Research Board under its Research Leave scheme. We also acknowledge the support of our home institutions-the Law Schools at the Universities of Otago and Durham-who provided us with much encouragement (and hospitality during the visit of each co-author). We are grateful to the McGill Law Journal for permission to use material which originally appeared as an article in the (2004) 49 McGill Law Journal 635 and to Brill Academic Publishers for material which first appeared in (2002) 10 International Journal of Children's Rights 89. We have also drawn freely from material previously published in the form of articles, books and book chapters. We wish to acknowledge and sincerely thank the following for giving their permission to use this material: Ashgate Publishing (for P.
Ten years after the passing of the Human Rights Act 1998, it is timely to evaluate the Act's ... more Ten years after the passing of the Human Rights Act 1998, it is timely to evaluate the Act's effectiveness. The focus of Making Rights Real is on the extent to which the Act has delivered on the promise to 'bring rights home'. To that end the book considers how the judiciary, parliament and the executive have performed in the new roles that the Human Rights Act requires them to play and the courts' application of the Act in different legal spheres. This account cuts through the rhetoric and controversy surrounding the Act, generated by its champions and detractors alike, to reach a measured assessment. The true impact in public law, civil law, criminal law and on anti-terrorism legislation are each considered. Finally, the book discusses whether we are now nearer to a new constitutional settlement and to the promised new 'rights culture'.
PART I-THE HUMAN RIGHTS ACT IN CONSTITUTIONAL PERSPECTIVE PART II-DOMESTIC PROTECTIONS WITHIN A E... more PART I-THE HUMAN RIGHTS ACT IN CONSTITUTIONAL PERSPECTIVE PART II-DOMESTIC PROTECTIONS WITHIN A EUROPEAN FRAMEWORK PART III-A PERMANENT REVOLUTION IN LEGAL REASONING? PART IV-THE HUMAN RIGHTS ACT ON THE INTERNATIONAL PLANE PART V-AMENDMENT, REPEAL OR A BILL OF RIGHTS FOR THE UK?
Handbook of Intelligence Studies, 2007
... time in the oversight of security and intelligence services and avoids the risks of political... more ... time in the oversight of security and intelligence services and avoids the risks of political division and ... This is one way in which states that are signatories to the ECHR can meet their ... commended by the European Court of Human Rights as a means of satisfying Article 6 (the right ...
Praeger eBooks, Dec 1, 2010
Oxford University Press eBooks, Oct 13, 2005
This chapter examines how liberalism approaches questions of religion and the implications of tho... more This chapter examines how liberalism approaches questions of religion and the implications of those approaches for religious liberty. The nature and contours of liberalism are discussed based on the premise that liberalism is the principal philosophical foundation for law in modern liberal democracy. Contemporary notions of religious freedom then are ones that have been indubitably shaped by liberal attitudes to religion, faith communities, and the call of conscience. The discussion then shifts to the building blocks of liberal theory — personal autonomy, equality, a public-private divide, neutrality, and John Rawls’ concept of ‘public reason’ — and their implications in this context. Although widely (and intuitively) appealed to in political discourse, each of those concepts is problematic and their application to religious liberty is equally contestable. Liberal concepts of neutrality plainly underlie two of the justifications for religious liberty discussed — those of advancing civil peace and (in relation to autonomy) the equal treatment of different religions.
Law, Politics, and Local Democracy
This chapter presents an overview of the legal framework for decision-making through delegation t... more This chapter presents an overview of the legal framework for decision-making through delegation to committees and officers. It then considers the strains on this framework in the position of ‘backbench’ councillors and ‘hung’ councils, and from the introduction of a compulsory competitive tendering (CCT). It lastly considers the question of political leadership and current form of executive structures, including the introduction of cabinets and of directly elected mayors. It considers the argument that the roles of backbench councillors and the political elite should be strengthened by providing a clearer separation of them.
Law, Politics, and Local Democracy
This chapter reviews three strands of the government's democratic renewal programme: the ‘bes... more This chapter reviews three strands of the government's democratic renewal programme: the ‘best value’ regime to replace compulsory competitive tendering; the reform of executive structures, including the introduction of cabinets and directly elected mayors; and new powers for councils to become community leaders, working in partnership with other public, private, and voluntary bodies, both under a new power to promote community well-being and under the ‘Beacon’ council scheme. It examines the tensions between these initiatives and the extent to which they amount to a coherent vision for local democracy within the changing UK constitution.
... Law, Catholic University of America, Washington, DC, former prosecutor-general of the US Air ... more ... Law, Catholic University of America, Washington, DC, former prosecutor-general of the US Air Force; Ms. Paulyn Marrinan Quinn, SC, Ombudsman for the Irish Defence Forces; Captain KatjaRoeder, Equal Rights Advisor of the German Federal Armed Forces Association; Prof. ...
Revista General de Derecho Canónico y Derecho Eclesiástico del Estado - ISSN 1696-9669, Oct 1, 2021
University of Adelaide Press eBooks, Mar 11, 2015
Osgoode Hall Law Journal, 1996
Christianity and Constitutionalism
This chapter addresses the relationship between religious liberty and freedom of conscience, seek... more This chapter addresses the relationship between religious liberty and freedom of conscience, seeking to re-evaluate the Christian contribution in the light of current controversial conscience claims. It identifies two significant trends. The first and dominant one is for Christian writers to treat conscience as a matter of moral belief. This approach conceives freedom of religion in “Protestant” terms (i.e., as belief centered and genuinely personally held in order to be of any value) so that the right of freedom of conscience has a high degree of convergence with it. Although this approach has its origins in early Christian thought, the discussion focuses on the impact of seventeenth-century Christian writers on the foundations of liberal constitutionalism. The second approach, particularly associated with Thomism and natural law thinking, and reflected in modern Catholic law thought, stresses that conscience is a form of objective moral knowledge. Both strands contrast with modern...
Religious Freedom in the Liberal State, 2005
Although religious speech is treated legally as a liberty, in proselytising religions (Christiani... more Although religious speech is treated legally as a liberty, in proselytising religions (Christianity especially) bearing witness to one’s faith — speaking about it to others — is a religious duty, rather than a matter of choice. This chapter argues for equal protection of anti-religious speech and for religious speech generally. There are two situations where religious liberty could be said to conflict with free speech: the case of anti-religious speech and the position of dissenters within religious organisations. In the latter, the underlying issue is whether a religious organisation in a liberal state needs to internalise and mirror that society’s values, including free speech. This chapter argues that it need not where to do so would destroy another important value: freedom of association.
Religious Freedom in the Liberal State, 2005
This chapter examines some of the many difficult issues arising in the medico-legal area insofar ... more This chapter examines some of the many difficult issues arising in the medico-legal area insofar as they have a religious dimension or implicate the religious liberty of the persons seeking or refusing treatment. The law concerning medical treatment is discussed and the position of adults, adolescents or teenagers, and infants is examined. The chapter also looks at the underlying assumptions represented in the disputes between the law and certain religionists who spurn conventional medical treatment in favour of exclusive reliance upon prayer or other spiritual cures. A recent trilogy of cases involving the tragic deaths of children whose parents rejected conventional medicine for, in one case, alternative medicine, and, in the other two decisions, religious healing, is presented. The second example concerns the rights of parents to circumcise their male children, a traditional religious practice that is increasingly disfavoured by the medical profession. The discussion concludes wi...
Legal Studies, Aug 24, 2022
Revue de droit militaire et de droit de la guerre, Dec 1, 2006
Box No. 1: Norms and Standards for Democratic Oversight of Security and Intelligence Services as ... more Box No. 1: Norms and Standards for Democratic Oversight of Security and Intelligence Services as adopted by (selected) international organisations Organisation Norm/Standard Source UNDP Democratic civil control of the military, police and other security forces (report enumerates principles of democratic governance in the security sector) 'Calls on the national parliaments to: (1) Support plans for reforming intelligence systems, while defending parliamentary prerogatives with a view to more efficient and effective democratic scrutiny of intelligence gathering activities and of the use to which that information is put.' Resolution 113 (adopted unanimously and without amendment by the Assembly on 4 December 2002 [9 th sitting].
Oxford University Press eBooks, Oct 13, 2005
We are indebted to the British Academy and Association of Commonwealth Universities for their gen... more We are indebted to the British Academy and Association of Commonwealth Universities for their generosity in awarding us a research grant under their joint programme to support international collaboration. Ian Leigh is grateful for the support of the Arts and Humanities Research Board under its Research Leave scheme. We also acknowledge the support of our home institutions-the Law Schools at the Universities of Otago and Durham-who provided us with much encouragement (and hospitality during the visit of each co-author). We are grateful to the McGill Law Journal for permission to use material which originally appeared as an article in the (2004) 49 McGill Law Journal 635 and to Brill Academic Publishers for material which first appeared in (2002) 10 International Journal of Children's Rights 89. We have also drawn freely from material previously published in the form of articles, books and book chapters. We wish to acknowledge and sincerely thank the following for giving their permission to use this material: Ashgate Publishing (for P.
Ten years after the passing of the Human Rights Act 1998, it is timely to evaluate the Act's ... more Ten years after the passing of the Human Rights Act 1998, it is timely to evaluate the Act's effectiveness. The focus of Making Rights Real is on the extent to which the Act has delivered on the promise to 'bring rights home'. To that end the book considers how the judiciary, parliament and the executive have performed in the new roles that the Human Rights Act requires them to play and the courts' application of the Act in different legal spheres. This account cuts through the rhetoric and controversy surrounding the Act, generated by its champions and detractors alike, to reach a measured assessment. The true impact in public law, civil law, criminal law and on anti-terrorism legislation are each considered. Finally, the book discusses whether we are now nearer to a new constitutional settlement and to the promised new 'rights culture'.
PART I-THE HUMAN RIGHTS ACT IN CONSTITUTIONAL PERSPECTIVE PART II-DOMESTIC PROTECTIONS WITHIN A E... more PART I-THE HUMAN RIGHTS ACT IN CONSTITUTIONAL PERSPECTIVE PART II-DOMESTIC PROTECTIONS WITHIN A EUROPEAN FRAMEWORK PART III-A PERMANENT REVOLUTION IN LEGAL REASONING? PART IV-THE HUMAN RIGHTS ACT ON THE INTERNATIONAL PLANE PART V-AMENDMENT, REPEAL OR A BILL OF RIGHTS FOR THE UK?
Handbook of Intelligence Studies, 2007
... time in the oversight of security and intelligence services and avoids the risks of political... more ... time in the oversight of security and intelligence services and avoids the risks of political division and ... This is one way in which states that are signatories to the ECHR can meet their ... commended by the European Court of Human Rights as a means of satisfying Article 6 (the right ...
Praeger eBooks, Dec 1, 2010
Oxford University Press eBooks, Oct 13, 2005
This chapter examines how liberalism approaches questions of religion and the implications of tho... more This chapter examines how liberalism approaches questions of religion and the implications of those approaches for religious liberty. The nature and contours of liberalism are discussed based on the premise that liberalism is the principal philosophical foundation for law in modern liberal democracy. Contemporary notions of religious freedom then are ones that have been indubitably shaped by liberal attitudes to religion, faith communities, and the call of conscience. The discussion then shifts to the building blocks of liberal theory — personal autonomy, equality, a public-private divide, neutrality, and John Rawls’ concept of ‘public reason’ — and their implications in this context. Although widely (and intuitively) appealed to in political discourse, each of those concepts is problematic and their application to religious liberty is equally contestable. Liberal concepts of neutrality plainly underlie two of the justifications for religious liberty discussed — those of advancing civil peace and (in relation to autonomy) the equal treatment of different religions.
Law, Politics, and Local Democracy
This chapter presents an overview of the legal framework for decision-making through delegation t... more This chapter presents an overview of the legal framework for decision-making through delegation to committees and officers. It then considers the strains on this framework in the position of ‘backbench’ councillors and ‘hung’ councils, and from the introduction of a compulsory competitive tendering (CCT). It lastly considers the question of political leadership and current form of executive structures, including the introduction of cabinets and of directly elected mayors. It considers the argument that the roles of backbench councillors and the political elite should be strengthened by providing a clearer separation of them.
Law, Politics, and Local Democracy
This chapter reviews three strands of the government's democratic renewal programme: the ‘bes... more This chapter reviews three strands of the government's democratic renewal programme: the ‘best value’ regime to replace compulsory competitive tendering; the reform of executive structures, including the introduction of cabinets and directly elected mayors; and new powers for councils to become community leaders, working in partnership with other public, private, and voluntary bodies, both under a new power to promote community well-being and under the ‘Beacon’ council scheme. It examines the tensions between these initiatives and the extent to which they amount to a coherent vision for local democracy within the changing UK constitution.
... Law, Catholic University of America, Washington, DC, former prosecutor-general of the US Air ... more ... Law, Catholic University of America, Washington, DC, former prosecutor-general of the US Air Force; Ms. Paulyn Marrinan Quinn, SC, Ombudsman for the Irish Defence Forces; Captain KatjaRoeder, Equal Rights Advisor of the German Federal Armed Forces Association; Prof. ...
Revista General de Derecho Canónico y Derecho Eclesiástico del Estado - ISSN 1696-9669, Oct 1, 2021