United Kingdom: HIV-positive asylum seeker denied judicial review of removal decision

The High Court of Justice had dismissed an application for a judicial review of a decision by immigration officials not to grant the applicant leave to remain in the UK on the basis of her HIV status. In December 2002, the Court of Appeal denied the applicant permission to appeal the High Court's decision, reasoning that an appeal under section 65 of the Immigration and Asylum Act, already initiated, would be more appropriate and advantageous.     

United Kingdom: denying children's milk allowance to HIV-positive mother seeking asylum is discriminatory

In July 2002, the High Court of Justice found that, in denying the milk allowance, the Home Office had failed to realize the real risk that the mother might breastfeed her daughter and that the daughter might be infected with HIV. The Court also ruled that the Home Office's action was discriminatory under Article 14 of the European Convention on Human Rights and Fundamental Freedoms.     

HIV-positive person who did not disclose status convicted of attempted aggravated assault

On 18 September 2003, the Supreme Court of Canada released its unanimous decision in Williams. This is the first case on the issue of criminal liability for HIV exposure decided by the court since its 1998 decision in the Cuerrier case. Williams raised the issue of whether persons with HIV who have unprotected sexual intercourse without disclosing their status to a sexual partner who might already have been infected with the virus, can be convicted of aggravated assault or attempted aggravated assault. The Supreme Court decided that only a charge of attempted aggravated assault could stand. The decision is also significant because the Supreme Court's comments on two ancillary issues may lead to a significant extension of the criminal law related to HIV transmission or exposure.     

United Kingdom Military Law: Autonomy, Civilianisation, Juridification

This paper argues that military law has undergone a long-term process of change. Previously an autonomous legal system with little civilian input at the administrative, judicial and policy-making levels, military law became subject to a consensual policy of civilianisation from the early 1960s, reflected primarily in the adoption of civilian criminal law norms by the military justice system. More recently there has emerged the juridification of significant areas of military relations in respect to discipline and certain other terms of service which hitherto have not been subject to externally imposed legal regulation. Explanations for the shifts from autonomy, through civilianisation, and then to juridification, ranging from political and social developments to new human rights and equal opportunities discourses, are offered for such changes.     

英国:纠结的监管媒体话题

监管媒体?眼下,这在英国可真是令人纠结的话题。2013年3月18日,英国议会就如何监管媒体举行听证会。最终,首相卡梅伦宣布:保守党、自由民主党和工党达成妥协。卡梅伦力促采取自我管理的方式,希望直接通过修改皇家宪章的捷径建立一个媒体监督机构。反对党工党和保守党盟友自由民主党则希望通过立法确立新的管理框架,并同意建立新机构来监管媒体。新监管机构可以采取以下措施:责成媒体在头版对虚     

Reforming the United Kingdom Constitution: Law,Convention, Soft Law

The Governance of Britain Green Paper continues the programme of constitutional reform begun in 1997, and appears to reinforce the juridification of the UK's constitution. Nevertheless, several key reforms will be implemented not by legislation, but by creating new conventions. This article argues that such ‘declared’ conventions are best understood as a form of constitutional ‘soft law’, which attempt to influence constitutional behaviour rather than generating binding norms. Applying a regulatory analysis, it then argues that the case for a soft, rather than hard law approach to constitutional reform is weaker than its widespread use in the UK suggests. Finally, the article challenges the thesis that the political constitution is being replaced by a legal constitution, arguing that the government's attitude to constitutional reform still exhibits basic characteristics of political constitutionalism. Moreover, there is more to contemporary constitutional developments than a bipolar contest between political and legal constitutionalism.     

Unconscionability of E-contracts: A Comparative Study of India,the United Kingdom,and the United States

Liverpool Law Review - Adhesion contracts have a strong likelihood of being unconscionable. The laws and principles are further complicated by the introduction of electronic contracts, specifically...     

发达国家灾难治理基本经验及其启示:以英国、美国、日本为例

发达国家,尤其是英美日在灾难治理方面起步较早,积累了丰富的经验,主要体现在:灾难治理的组织机构日渐完备;灾难治理的运作机制更加协同;灾难治理的法律体系日益完善;灾难治理的资金保障更加有力;灾难治理的信息披露更加透明;灾难治理的参与主体逐渐多元;灾难治理的端口逐渐前移;灾难治理的教训得以及时总结。深入分析并总结这些国家灾难治理举措,目的在于从中找出于我国可资借鉴之处,提升我国政府灾难治理的水平和能力。     

Inching toward incrementalism: federalism, devolution, and health policy in the United States and the United Kingdom

In the United States, the recently enacted Patient Protection and Affordable Care Act of 2010 envisions a significant increase in federal oversight over the nation's health care system. At the same time, however, the legislation requires the states to play key roles in every aspect of the reform agenda (such as expanding Medicaid programs, creating insurance exchanges, and working with providers on delivery system reforms). The complicated intergovernmental partnerships that govern the nation's fragmented and decentralized system are likely to continue, albeit with greater federal oversight and control. But what about intergovernmental relations in the United Kingdom? What impact did the formal devolution of power in 1999 to Scotland, Wales, and Northern Ireland have on health policy in those nations, and in the United Kingdom more generally? Has devolution begun a political process in which health policy in the United Kingdom will, over time, become increasingly decentralized and fragmented, or will this "state of unions" retain its long-standing reputation as perhaps the most centralized of the European nations? In this article, we explore the federalist and intergovernmental implications of recent reforms in the United States and the United Kingdom, and we put forward the argument that political fragmentation (long-standing in the United States and just emerging in the United Kingdom) produces new intergovernmental partnerships that, in turn, produce incremental growth in overall government involvement in the health care arena. This is the impact of what can be called catalytic federalism.     

Priority-setting processes for medicines: the United Kingdom, Australia and New Zealand

The agencies involved in the assessment and prioritisation of medicines for public subsidy purposes in Australia, England and Wales, and New Zealand are compared in terms of their processes; ultimate decision-maker and political involvement in decisions; price-setting processes; decision criteria and inclusion of economic assessment of cost-effectiveness; provision for the rule of rescue and separate treatment of potentially life-saving medicines and cancer drugs; levels of access; extent of consumer participation in processes and decisions; and provision for appeal from decisions. All countries face the key challenge of expanding access to important new treatments, while maintaining cost-effectiveness as a key criterion for public funding and safeguarding the affordability and sustainability of their programs into the future. New Zealand's model may have led to a greater focus on cost-containment and overall affordability than those of the other two agencies. Despite controversial decisions that have led on occasion to disappointment and challenge, the Australian and New Zealand agencies have survived and appear to have managed to date to maintain public and political support. By contrast, the United Kingdom's National Institute for Healthcare and Clinical Excellence is facing major changes to its role that could see it become more of an advisory organisation.     

HIV testing: progress in Hungary, problems in Russia

Voluntary anonymous HIV testing is about to become the norm in Hungary. Mandatory HIV testing, however, is widespread in Russia, contrary to the federal law on HIV prevention.     

UK: Welsh court reduces sentence, cites HIV status

A Welsh appeal court has reduced the sentence handed down to an offender because of his HIV status, despite his lengthy criminal record. The court reduced the sentence from five to three-and-a-half years' imprisonment.     

EEOC guidance on psychiatric disabilities: many problems, few workable solutions

The EEOC recently issued "Enforcement Guidance" on psychiatric disabilities under the Americans with Disabilities Act. Although the Guidance provides clarification of a few issues involving mental disabilities under the ADA, in most respects the Guidance is problematic. For example, the Guidance suggests that the inability to get along with a supervisor or coworkers may constitute a disability under the ADA, that an employer may have to "accommodate" a disabled employee's misconduct, that an employer cannot require an employee to follow doctor's orders as a condition of employment, and that an employer may be obligated to modify work rules and procedures to accommodate a mentally disabled employee but is prohibited from explaining to coworkers why it is making such modifications. As the EEOC's Guidance exceeds or conflicts with the ADA in some respects and is largely unworkable in many respects, it remains to be seen how many courts will actually follow it.