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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
  • 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
  • Gove can roll his own smoking ban:
    R (Black) v Justice Secretary

    Carl Gardner
    March 8, 2016

    Carsten ten Brink | CreativeCommonsDoes the smoking ban in public places apply to prisons? No, the Court of Appeal has said, in a judgment today. The ruling […]

    Tags: government, health, interpretation, legislation
  • The Children Act, by Ian McEwan

    Carl Gardner
    September 6, 2014

    Detail from a photograph by Brian | CreativeCommonsFiona Maye is sixty – and a judge in the Family Division of the High Court. […]

    Tags: book review, children, family, health
  • The Irish abortion bill

    Carl Gardner
    July 12, 2013

    Last night the Dáil Éireann, the lower house of the Irish Parliament, passed the Protection of Life During Pregnancy Bill. Here’s the text, which must now be considered by the Seanad. If voted through there, it will come into law […]

    Tags: health, human rights
  • US Supreme Court upholds the Affordable Care Act

    Carl Gardner
    June 28, 2012

    The big news from America today of course is that the Supreme Court has upheld the constitutionality of President Obama’s main legislative achievement, the “Affordable Care Act” or as some critics call it “Obamacare”. At its heart is what’s called […]

    Tags: health, US constitution, US Supreme Court
  • Written constitutions: a warning from America

    Carl Gardner
    March 28, 2012

    The United States Supreme Court is currently hearing Department of Health and Human Services v Florida, in which President Obama’s Health Secretary Kathleen Sebelius is appealing the decision of a Federal Court of Appeals that the Patient Protection and […]

    Tags: constitution, health, legislation, US constitution, US Supreme Court
  • A pointless constitutional abuse

    Carl Gardner
    March 16, 2012

    By convention, the Queen grants Royal assent to legislation passed by the Lords and Commons. It’s only a constitutional convention that she does so: in other words, she does so because she herself, ministers, MPs and the public regard it […]

    Tags: constitution, health, house of lords, legislation, monarchy, parliament
  • The Department of Health’s legal response to 38 Degrees

    Carl Gardner
    September 6, 2011

    Guido Fawkes today drew attention to two responses by Conservative MPs to the legal opinion published by 38 Degrees about the Health and Social Care Bill – one by Stephen Phillips, and another by Guy Opperman.

    But the […]

    Tags: government, health, legislation, parliament, public law
  • EU law and the Health and Social Care Bill

    Carl Gardner
    September 1, 2011

    And now for something completely different.

    The Health and Social Care Bill is approaching report stage in the House of Commons, and the campaign group 38 Degrees has obtained legal advice about it from Stephen Cragg and Rebecca Haynes.

    Tags: competition, eu law, government, health, parliament, procurement
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