The measures taken in response to the coronavirus pandemic have been among the most restrictive in contemporary history, and have raised concerns from the perspective of democracy, human rights, and the rule of law. Building on a study of the legal measures taken in response to pandemic in 74 countries, this article considers the central question of the use of power during an emergency: is it better or worse for democracy and the rule of law to declare an emergency or, instead, to rely on ordinary powers and legislative frameworks? The article then considers whether the use of powers (ordinary or emergency) in response to the pandemic emergency has ultimately been a cause, or catalyst of, further democratic deconsolidation. It concludes on a note of optimism: an emerging best practice of governmental response reliant on public trust bolstered by rationalized and transparent decision-making and the capacity to adapt, change and reform measures and policies. |
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Journal | European Journal of Law Reform, Issue 4 2020 |
Keywords | coronavirus, emergency law, emergency powers, autocratization, democratic deconsolidation, state of emergency, rule of law, transparency, accountability, legislative scrutiny |
Authors | Joelle Grogan |
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The Windrush ScandalA Review of Citizenship, Belonging and Justice in the United Kingdom |
Journal | European Journal of Law Reform, Issue 3 2020 |
Keywords | Windrush generation, statelessness, right to nationality, genocide, apologetic UK Human Rights Act Preamble |
Authors | Namitasha Goring, Beverley Beckford and Simone Bowman |
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This article points out that the UK Human Rights Act, 1998 does not have a clear provision guaranteeing a person’s right to a nationality. Instead, this right is buried in the European Court of Human Rights decisions of Smirnova v Russia, 2003 and Alpeyeva and Dzhalagoniya v. Russia, 2018. In these cases, the Court stretched the scope of Article 8 of the European Convention on Human Rights, 1953 on non-interference with private life by public authorities to extend to nationality. The humanitarian crisis arising from the Windrush Scandal was caused by the UK Government’s decision to destroy the Windrush Generation’s landing cards in the full knowledge that for many these slips of paper were the only evidence of their legitimate arrival in Britain between 1948 and 1971. |
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Law Reform Bills in the Parliament of the United Kingdom |
Journal | European Journal of Law Reform, Issue 2 2020 |
Keywords | law reform, consolidation, statute law, parliament, Law Commission |
Authors | Andrew Makower and Liam Laurence Smyth |
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The officials responsible for the procedures for scrutiny of proposed legislation in the UK Parliament and for the accuracy and integrity of legislative text describe how the UK Parliament scrutinizes consolidation and law reform bills and the government’s law reform programme, test the proposition that law reform is impeded by a shortage of parliamentary time, and survey ways in which Parliament could encourage and facilitate such legislation. |
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Parliamentary Follow-up of Law Commission BillsAn Irish Perspective |
Journal | European Journal of Law Reform, Issue 2 2020 |
Keywords | law reform, legislation, Ireland, drafting, parliament |
Authors | Ciarán Burke |
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This article seeks to present a brief outline of the various means through which the draft bills and recommendations drafted by the Law Reform Commission of Ireland and published in its reports are followed up by the Irish Parliament, the Oireachtas. The Commission’s position within the Irish legislative architecture is explained, as is the process through which bills become laws in Ireland. The Commission, it is noted, occupies an unusual role. Although there is no requirement for its publications to result in legislation, ultimately the lion’s share of its output is followed up on in the legislative process in one form or another, with its publications attracting the attention of both the government and opposition parties. The challenges and advantages presented by operating within a small jurisdiction are also outlined, while some thoughts are offered on the Commission’s future. |
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Reflections on the Rule of Law and Law Reform in the Arab Region |
Journal | European Journal of Law Reform, Issue 2 2020 |
Keywords | rule of law, law reform, colonialism, authoritarianism, international development |
Authors | Dr Sara Razai |
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This article offers some preliminary thoughts on the issue of international development actors in the promotion of law in the Arab region. Specifically, it reflects on the rule of law concept as a universalizing notion, touted by international organizations and governments alike as a panacea for social ills. The article discusses the act of intervention and the use and promotion of law to achieve a rule of law order in post-conflict or fragile states. It argues that the use and promotion of law by international development actors (and the donors that fund them) – a proxy for building the rule of law – is by no means new to the region. It has also been the central focus of authoritarian and colonial rulers alike. Although they are by no means similar, the three actors are strikingly similar in that they use and promote law under the aegis of building the rule of law, to the general detriment of the masses |
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Gender and LanguageA Public Law Perspective |
Journal | European Journal of Law Reform, Issue 1 2020 |
Keywords | gender language, drafting, language, coercion, linguistic policies |
Authors | Maria De Benedetto |
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The article adopts a public law perspective in order to focus on Gender-Fair Language (GFL) policies and drafting, by considering both language neutralization and language differentiation in some legal systems characterized by different languages. |
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Gender-Neutral DraftingA View from Wales |
Journal | European Journal of Law Reform, Issue 1 2020 |
Keywords | gender, legislation, English, Welsh, LGBTQIA+ |
Authors | Thomas Glyn Watkin |
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The gender classification of words in English is different from that in many other languages, including Welsh. The approach in Welsh is more closely aligned to that in languages such as French, Spanish or Italian, but there are also differences. The differences include the manner in which possessive pronouns and possessive adjectives are employed. These differences pose difficulties for bilingual drafting in English and Welsh. |
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Gender Neutrality in EU Legislative Drafting |
Journal | European Journal of Law Reform, Issue 1 2020 |
Keywords | legislative drafting, EU legislation, EU treaties, multilingualism, gender neutrality |
Authors | William Robinson |
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In the English-speaking world the issue of gender-neutral drafting in legislation has been a much discussed topic for many years, and there are few legislative drafting manuals in the English-speaking world that do not address the issue. |