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  • Disproportion about proportion

    Carl Gardner
    May 17, 2023

    Steve Eason | CreativeCommons

    In my review of Adam Wagner’s Emergency State I talked about proportionality:

    Proportionality is a key concept in human rights law, and Wagner’s approach and my […]

    Tags: health, human rights, proportionality, protest
  • Retained EU law: shredding the shredder

    Carl Gardner
    April 28, 2023

    That video gives the impression, doesn’t it, that Rishi Sunak was going to “shred” retained EU law within a hundred days? That […]

    Tags: Brexit, eu law, government
  • Is a digital newspaper a newspaper? The “always speaking” principle

    Carl Gardner
    April 27, 2023

    Times print and digital editions

    A Supreme Court judgment recently held that a digital newspaper isn’t a newspaper. This was the case of News Corp v HMRC, in which the media giant […]

    Tags: eu law, interpretation
  • Emergency State by Adam Wagner: having and eating cake?

    Carl Gardner
    April 23, 2023

    detail from cover of Emergency State

    Adam Wagner has written a very interesting, highly readable and thought-provoking book about law and the pandemic, based on his professional experience in a number of important […]

    Tags: government, health, human rights, parliament
  • Letter from a Birmingham Jail

    Carl Gardner
    April 22, 2023

    I’m perhaps a few days late to commemorate the 60th anniversary of a great modern document—Dr Martin Luther King Jr.’s Letter from a Birmingham Jail, written in April 1963, but widely published […]

    Tags: human rights, natural law, rule of law, US
  • Laughing gas and the Psychoactive Substances Act

    Carl Gardner
    September 1, 2017

    It’s been reported that some prosecutions under the Psychoactive Substances Act 2016 have collapsed recently, at Southwark and Taunton Crown Courts. The Taunton case at least was about the section 7 offence of […]

    Tags: eu law, medicines
  • Will Brexit rights have direct effect? The Human Rights Act may show us the answer

    Carl Gardner
    August 23, 2017

    The government published its latest “future partnership paper” today on “Enforcement and dispute resolution”, and most of the attention it’s gathered—and the government’s spin—has been about its “dispute resolution” aspect. In other words, […]

    Tags: Brexit, eu law, government, human rights
  • The Suez file: the Attorney’s letter to the Prime Minister, November 13, 1956

    Carl Gardner
    January 3, 2017

    The final document from the Attorney General’s 1956 Suez file (reproduced with permission of the image library of the National Archives) is a letter dated November 13th 1956 from the Attorney General, Sir Reginald Manningham-Buller, to the Prime […]

    Tags: history, international, suez
  • The Suez file: correspondence between Sir Gerald Fitzmaurice and the Attorney General, November 6-7, 1956

    Carl Gardner
    January 2, 2017

    From the Attorney General’s 1956 Suez file I’m today reproducing (with permission of the image library of the National Archives) a letter dated November 6 1956 to the Attorney General, Sir Reginald Manningham-Buller, from the Foreign Office Legal […]

    Tags: history, international, suez
  • The Suez file: Lord McNair’s letter to Lord Kilmuir, November 4, 1956

    Carl Gardner
    January 1, 2017

    Today’s document from the Attorney General’s 1956 Suez file (reproduced with permission of the image library of the National Archives) is a letter dated November 4 1956 to the Lord Chancellor Lord Kilmuir, from Lord McNair.

    Lord McNair […]

    Tags: history, international, suez
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