Liverpool Law Review
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Book Review “M. Nicolini, S. Bagni, Comparative Constitutional Justice, Eleven, 2021”
Liverpool Law Review - Tập 43 - Trang 123-127 - 2022
The Uncertainties in the Rule in Re Hasting-Bass
Liverpool Law Review - Tập 31 - Trang 259-272 - 2010
Writing extra-judicially, Sir Robert Walker once commented that ‘the decision in Re Hastings-Bass must be seen in its judicial context. It cannot be regarded as giving a “carte blanche” excuse to every body of trustees who have made a mistake. The law on the issue now stands in a state of some uncertainty’ (Walker, The limits of the principle in Re Hastings-Bass, P.C.B 226, 2002). There is no doub......
Are Verdicts Credible? Is it Time to Consider the Truth About Lies?
Liverpool Law Review - Tập 33 - Trang 159-170 - 2012
One of the greatest challenges to any Court is to determine the truth in the face of often conflicting evidence. In both the Civil and Criminal Courts, cases stand or fall on what the trier of fact determines is true. In civil cases, this is often a Judge sitting alone, whereas in criminal matters the tribunal of fact is usually a jury. The standard of proof required in criminal cases is “beyond r......
Plausibility to Human Vulnerability or Both: Shifting Provisional Measures Standards in Human Rights Cases Before the International Court of Justice
Liverpool Law Review - - Trang 1-19 - 2024
The International Court of Justice (ICJ) has the power to indicate provisional measures to preserve the rights of the States. States resorting to provisional measures as a first line of defence has recently increased exponentially. One of the requirements for rendering provisional measure is ‘plausibility’, which got its inception courtesy the separate opinion of Judge Abraham in the Pulp Mills ca......
The Perversions of History: Constitutionalism and Revolution in Burke’s Reflections
Liverpool Law Review - Tập 31 - Trang 207-232 - 2010
Edmund Burke’s Reflections on the Revolution in France is one of the defining texts in the history of English constitutional thought. It is conservative in its overt defence of England’s ancient constitution, and in particular the twin bulwarks of Church and Crown. In more immediate terms, it was written against those who appeared to sympathise with the principles of the French revolution, men suc......
Equal Pay and the Equality Act 2010: An Accidental Paradox in Need of Change?
Liverpool Law Review - - Trang 1-19 - 2023
The approach in the United Kingdom to sex-based equal pay has for a long time been distinct from general sex discrimination and from equal pay based on other protected characteristics. This dichotomy allows for a greater focus on sex-based equal pay, in a distinct statutory regime, but also risks creating unnecessary, unintended and detrimental distinctions. This article outlines the different leg......
End-of-Life Decisions in Albania: The Call for an Ethical Revision
Liverpool Law Review - Tập 41 - Trang 315-330 - 2020
While in Western European countries, the end-of-life decisions have become a matter of public policy, this paper provides a detailed analysis of end-of-life decisions in Albania by focusing on instructional medical directives. The manuscript investigates the Albanian legal system, the documents published by the National Ethics Committee and the National Committee of Health, as the two main advisor......
Asian Sexuality or Singapore Exceptionalism?
Liverpool Law Review - Tập 33 - Trang 11-26 - 2012
Is there such a thing as “Asian sexuality”? Do Asians approach sex in particular ways that are uniquely cultural? Some “Eastern” sex manuals published in English cover the “tao” and tantric philosophies of sex, highlighting the pleasures of Asian styles. Yet, any discourse on “Asian sexuality” must be an orientalist one that pits the West versus the East (Asian). In Singapore, there is an official......
Canadian education: The legal position of religion
Liverpool Law Review - Tập 20 - Trang 137-156 - 1998
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