Recent legal developments

Abstract

THE CASE of R (Pretty) v. Director of Public Prosecutions, gave the House of Lords the opportunity to comment on the issues surrounding the application of the European Convention on Human Rights to the crime of assisted suicide in the case of the terminally ill. A conservative approach was taken in relation to both this issue and indeed in relation to the possibilities of judicial control of the Law Officers of the Crown.     

The impact of TUPE on compulsory competitive tendering: Evidence from employers

The transposing of the 1977 Acquired Rights Directive into UK law has resulted in prolonged uncertainty regarding whether its protection of terms and conditions of employment extends to workers transferred under compulsory competitive tendering (CCT). In this paper we examine briefly the origins and scope of the directive and the development of relevant case law. We then report the results of a survey of employers confirming the existence of widespread confusion over the legal position of transferred employees. We also provide evidence that terms and conditions of employment are commonly being revised following CCT transfers. Concentrating upon the responses of contractors we show that any experience of litigation tends to lead to a less favourable assessment of the overall success of CCT. We conclude by examining both the causes and consequences of the continuing legal confusion associated with CCT transfers and consider the policy implications of our findings.     

From Communism to Capitalism? Russia's Agrarian Relations in the Twentieth Century and Beyond

The introduction to this collection discusses Russia's agrarian relations in a historical and contemporary context, placing questions of current economic development firmly within the political economy issues that were relevant in the early twentieth century in Russia. The analysis focuses on the question of peasant adaptation and resistance. The concept of resistance is discussed comparatively and as it pertains to contemporary Russia. Survey data from 800 households in five regions are used to explore rural adaptation according to economic strata. Specifically, data are presented on business income, total landholdings and total household income in order to address the issue of who adapted. Statistical analysis is presented to explore the relationship between household affluence and the use of social networks, and between household affluence and household satisfaction.