Category Archives: Fundamental or Human Rights

Doug Rendleman, ‘The Defamation Injunction Meets the Prior Restraint Doctrine’

ABSTRACT This article maintains that, under defined circumstances, a judge should be able to grant an injunction that forbids the defendant’s proved defamation. It analyzes the common law of defamation, the constitutional prior restraint doctrine, the constitutional protection for defamation that stems from New York Times v Sullivan, and injunctions and their enforcement … (more) […]

Mariette Jones, ‘The Defamation Act 2013: a free speech retrospective’

INTRODUCTION One of, if not the main, reason for enacting the Defamation Act 2013 was the concern that the English common law of defamation was chilling free speech. Lord Lester, introducing his Defamation Bill, said the following: ‘Our law suffers from the twin vices of uncertainty and overbreadth. The litigation that it engenders is costly […]

‘Conference on Freedom of Expression and Copyright: Luxembourg, 7 November 2019’

“The right to freedom of expression is of paramount importance for a democratic society. When balanced with other fundamental rights, Article 10 of the European Convention of Human Rights affords Member States a wide margin of appreciation. This margin is traditionally exercised by the national legislatures. With the extensive harmonization of copyright through EU law, […]

Shelley Ross Saxer, ‘Shelley v Kraemer’s Fiftieth Anniversary: “A Time for Keeping; a Time for Throwing Away”?’

ABSTRACT In 1948, the United States Supreme Court in Shelley v Kraemer refused to evict two families from their homes by enforcing racially restrictive private covenants. The Shelley decision was long overdue in the battle against racial discrimination in this country. The Court held that enforcement of the private covenant violated the Equal Protection Clause […]

Eugenio Velasco Ibarra, ‘Lee v Ashers Baking Company Ltd and Others: The Inapplicability of Discrimination Law to an Illusory Conflict of Rights’

ABSTRACT Providers of customised goods and services do not directly discriminate against a customer when their refusal to fulfil an order is based on their objection to the message requested by the latter and not on any protected characteristics of the person. This is the conclusion reached by the Supreme Court of the United Kingdom […]

Dan Meagher, ‘Is There a Common Law “Right” to Freedom of Speech?’

ABSTRACT The recognition of political speech as a constitutional principle and the emergence of the principle of legality have driven the doctrinal evolution of freedom of speech at common law. The High Court now treats freedom of speech as something more than a residual liberty. Yet this doctrinal and taxonomic transformation is not complete. This […]

Gössl and Völzmann, ‘Legal Gender Beyond the Binary’

ABSTRACT The article explores the fundamental rights regarding a person’s status registration as neither male nor female and, thus, gender registrations ‘beyond the binary’. The authors analyse the fundamental rights of the individual as codified in the European Convention on Human Rights (ECHR) and examine ‘third options’ in jurisdictions and recent court decisions in Europe. […]

Gregory Alexander, ‘Property, Dignity, and Human Flourishing’

ABSTRACT The relationship between human dignity and human rights has become increasingly well-established in recent years. The Charter of Fundamental Rights of the European Union declares, for example, ‘Human dignity is inviolable. It must be respected and protected’. What is not so clear is the relationship between human dignity and human flourishing. For one thing, […]

Ramaekers and Akkermans, ‘European-Autonomous Property Rights: Does the EU Operate Its Own Numerus Clausus?’

ABSTRACT Property rights are at the core of property law. They are used to shape relationships between people and things. Their effect is generally against the world (erga omnes) and hence there are limitations on the number and content of those rights. The vast majority of legal systems within the EU operates a numerus clausus […]

‘Human Rights Violations in Global Supply Chains’ – special number of Journal of European Tort Law

Human Rights, Global Supply Chains, and the Role of Tort (Martin Spitzer) Liability for the Violation of Human Rights and Labour Standards in Global Supply Chains: A Common Law Perspective (David Cabrelli) The Law and Economics of Tort Liability for Human Rights Violations in Global Supply Chains (Mark Geistfeld) The Swiss Responsible Business Initiative and […]