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Journal articles on the topic 'Law – wales – history'

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Published: 26 July 2024

Last updated: 27 July 2024

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1

Ireland, Richard W. "A Legal History of Legal History in England and Wales." Acta Universitatis Lodziensis. Folia Iuridica 99 (June 30, 2022): 99–111. http://dx.doi.org/10.18778/0208-6069.99.07.

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This article explores the development of the study of legal history as a subject in the law schools of England and Wales. It outlines changes in university education more generally, and in legal scholarship in particular and how those changes impact the particular subject under study. Drawing on empirical studies and personal reflections relating to past experience it concludes by speculating on potential different outcomes, both positive and negative, which may emerge when the universities of England and Wales emerge from the uncertainty of the COVID-19 pandemic, during which the piece was written.

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2

Engelhardt, Hanns. "Norman Doe, The Law of the Church in Wales. University of Wales Press." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Kanonistische Abteilung 90, no. 1 (August 1, 2004): 613–16. http://dx.doi.org/10.7767/zrgka.2004.90.1.613.

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3

Symondson, Brian. "The Consolidated Index to Law Reports." Indexer: The International Journal of Indexing 18, no. 2 (October 1, 1992): 79–82. http://dx.doi.org/10.3828/indexer.1992.18.2.3.

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4

Cowley, F. G., and Huw Pryce. "Native Law and the Church in Medieval Wales." American Historical Review 99, no. 4 (October 1994): 1304. http://dx.doi.org/10.2307/2168816.

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5

Stevens, Matthew Frank, and Teresa Phipps. "Towards a Characterization of ‘Race Law’ in Medieval Wales." Journal of Legal History 41, no. 3 (September 1, 2020): 290–331. http://dx.doi.org/10.1080/01440365.2020.1839694.

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6

Parkin, Sally. "Witchcraft, women's honour and customary law in early modern Wales ∗." Social History 31, no. 3 (August 2006): 295–318. http://dx.doi.org/10.1080/03071020600746636.

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7

Kercher, Bruce. "Recovering and Reporting Australia's Early Colonial Case Law: The Macquarie Project." Law and History Review 18, no. 3 (2000): 659–66. http://dx.doi.org/10.2307/744073.

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When it was established in 1788, New South Wales became the most remote, and most peculiar, of the British empire's overseas colonies. The founding colony of what would eventually become Australia, it was established as a penal colony, a place to send the unwanted criminals of Britain and Ireland. Britain lost more than the majority of its North American possessions in the late eighteenth century. It also lost its principal repository for unwanted felons. New South Wales filled the gap.

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8

Seal, Lizzie, and Alexa Neale. "Racializing Mercy: Capital Punishment and Race in Twentieth-Century England and Wales." Law and History Review 38, no. 4 (November 2020): 883–910. http://dx.doi.org/10.1017/s0738248020000371.

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Fifty-seven men of color were sentenced to death by the courts of England and Wales in the twentieth century and were less likely to receive mercy than white contemporaries. Though shocking, the data is perhaps unsurprising considering institutional racism and unequal access to justice widely highlighted by criminologists since the 1970s. We find discourses of racial difference were frequently mobilized tactically in nineteenth- and twentieth-century England and Wales: to support arguments for mercy and attempt to save prisoners from the gallows. Scholars have identified historically and culturally contingent narratives traditionally deployed to speak to notions of lesser culpability. These mercy narratives reveal contemporary ideals and attitudes to gender or class. This article is original in identifying strategic mercy narratives told in twentieth-century England and Wales that called on contemporary tropes about defendants' race. The narratives and cases we explore suggest contemporary racism in the criminal justice system of England and Wales has a longer history than previously acknowledged.

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9

Gawalt, Gerard W., and Richard L. Abel. "The Legal Profession in England and Wales." American Journal of Legal History 33, no. 4 (October 1989): 403. http://dx.doi.org/10.2307/845303.

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10

Allen, Judith, and Paula J. Byrne. "Criminal Law and Colonial Subject: New South Wales, 1810-1830." American Historical Review 99, no. 5 (December 1994): 1744. http://dx.doi.org/10.2307/2168522.

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11

Smith, Joshua Byron. "Robin Chapman Stacey. Law and the Imagination in Medieval Wales." American Historical Review 125, no. 2 (April 1, 2020): 711–12. http://dx.doi.org/10.1093/ahr/rhz847.

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12

STEWART, JOHN, and STEVE KING. "Death in Llantrisant: Henry Williams and the New Poor Law in Wales." Rural History 15, no. 1 (March 17, 2004): 69–87. http://dx.doi.org/10.1017/s0956793303001092.

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This article first examines the recent historiography of the Poor Law, notes the dearth of historical writing on this topic with respect to Wales and then uses an incident which took place in the rural Welsh town of Llantrisant in the early 1840s which clearly exemplifies both particularly Welsh characteristics and those of the medical services of the New Poor Law. It is contended that further study of the welfare regime in nineteenth-century Wales is important for both Welsh history and for the broader historical understanding of the Poor Laws in rural areas.

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13

IRELAND, RICHARD W. "Law in action, law in books: the practicality of medieval theft law." Continuity and Change 17, no. 3 (December 2002): 309–31. http://dx.doi.org/10.1017/s0268416003004417.

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This article approaches the medieval law of theft from a ‘functional’ perspective. It seeks, that is, to consider the rules of law principally in relation to the social circumstances which give rise to them and upon which they, in turn, have an impact. Concentrating primarily upon material from England and Wales, the essay considers general issues of definition, jurisdiction and proof in the law of the middle ages before concentrating specifically upon the rules respecting theft. The ideas of manifest and non-manifest theft are explored in an attempt to discover why the law distinguished between them. Potential difficulties concerning the bringing of theft actions and the defences which might be offered to them are also examined and related to the practical world in which perpetrators and victims of theft found themselves. Finally, the possible tension between the satisfaction of the demands of the individual victim and the wider desire to maintain public order is investigated.

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14

Phillips, Jim, and David Neal. "The Rule of Law in a Penal Colony: Law and Power in Early New South Wales." American Journal of Legal History 37, no. 4 (October 1993): 501. http://dx.doi.org/10.2307/845810.

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15

Maher, Michael. "184 Years Not Out: a Brief history of the Library of the Law Society of England and Wales." Legal Information Management 16, no. 1 (March 2016): 40–43. http://dx.doi.org/10.1017/s1472669616000116.

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AbstractIn this article Michael Maher, Librarian of the Law Society of England and Wales, examines the history of the extensive library on Chancery Lane, the range of services it provides to help support its members (including their agents i.e. law librarians) and the future plans for the library.

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16

Crosby, Kevin. "Restricting the Juror Franchise in 1920s England and Wales." Law and History Review 37, no. 1 (February 2019): 163–207. http://dx.doi.org/10.1017/s0738248018000639.

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This article argues that the juror franchise became more restrictive in the years immediately after the Sex Disqualification (Removal) Act 1919 had broadened the jury franchise so as to include some women. It argues that the subsequent restrictions on the jury franchise have not standardly been discussed in the literature on the twentieth century jury because of the lengths taken at the time to present these reforms as merely technical in nature. Only six months after the 1919 Act was passed, a dispute broke out at the Western assize circuit regarding the practice–apparently sanctioned in the Juries Act 1825–of towns which “possessed” their own assizes summoning jurors according to custom, rather than statute. In practice, this meant that the ten “assize boroughs” had not always observed the property qualifications when summoning their jurors. The judiciary eventually prevailed over the Home Office and a series of local officials, ending the assize boroughs' ability to ignore the property qualifications (which kept a disproportionate number of women off the jury). This reform brought its own problems, however, and brought into focus the expense involved in following the burdensome rules for identifying jurors as set out in the 1825 Act. The solution–basing juror qualification on electoral registration–excluded from jury service conscientious objectors, foreigners, and women who satisfied the property qualification rules but lived elsewhere with a male relative.

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17

KING, STEVEN, and JOHN STEWART. "THE HISTORY OF THE POOR LAW IN WALES: UNDER–RESEARCHED, FULL OF POTENTIAL." Archives: The Journal of the British Records Association 26, no. 105 (October 2001): 134–48. http://dx.doi.org/10.3828/archives.2001.15.

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18

Williams, David V. "Application of the Wills Act 1837 to New Zealand: Untidy Legal History." Victoria University of Wellington Law Review 45, no. 4 (December 1, 2014): 637. http://dx.doi.org/10.26686/vuwlr.v45i4.4941.

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The decision of Acting Chief Justice Stephen in McLiver v Macky (1856) was that the Wills Act 1837 (UK) did not apply in New Zealand because New Zealand had been annexed to the British Empire as a dependency of New South Wales. This case and its consequences were discussed in my contribution to the Victoria University of Wellington Law Review special issue in 2010 relating to the New Zealand Law Foundation's "Lost Cases Project". It transpires that Stephen ACJ and counsel in the 1856 case were unaware of the Imperial Act Adoption Act 1839 (NSW) which applied the Wills Act 1837 (UK) to New South Wales from 1 January 1840. This article suggests that, based on the reasoning of the Judge, the 1856 decision would have been the same even if that 1839 Act had been explicitly considered. It would still have been necessary for the New Zealand Parliament to enact the English Laws Act 1858.

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19

Tangen, James, and Ravinderjit Kaur Briah. "The revolving door of reform." Probation Journal 65, no. 2 (April 9, 2018): 135–51. http://dx.doi.org/10.1177/0264550518768398.

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Reform of probation services in England and Wales has been a frequent feature of its history, though the pace of review, restructuring and modification has increased exponentially in the last 30 years. This paper provides a brief history of changes to the National Probation Service since its inception in the Criminal Justice and Court Services Act 2000 to the recent announcements of the merger of prison and probation services into a new agency, Her Majesty’s Prison and Probation Service. Commonalities are identified between the various programmes of reform instigated throughout the last 17 years, drawing on insights from Pollitt. The paper addresses the implications for the future of a public probation service in England and Wales after the National Offender Management Service (NOMS) ceased to exist in April 2017 and Her Majesty’s Prison and Probation Service was inaugurated.

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20

Elliott, Tracey, and Jennifer Fleetwood. "Law for ethnographers." Methodological Innovations 10, no. 1 (January 2017): 205979911772060. http://dx.doi.org/10.1177/2059799117720607.

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Despite a long history of ethnographic research on crime, ethnographers have shied away from examining the law as it relates to being present at, witnessing and recording illegal activity. However, knowledge of the law is an essential tool for researchers and the future of ethnographic research on crime. This article reviews the main relevant legal statutes in England and Wales and considers their relevance for contemporary ethnographic research. We report that researchers have no legal responsibility to report criminal activity (with some exceptions). The circumstances under which legal action could be taken to seize research data are specific and limited, and respondent’s privacy is subject to considerable legal protection. Our review gives considerable reason to be optimistic about the future of ethnographic research.

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21

Sturma, Michael, and David Neal. "The Rule of Law in a Penal Colony: Law and Power in Early New South Wales." American Historical Review 98, no. 4 (October 1993): 1307. http://dx.doi.org/10.2307/2166757.

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22

Kercher, Bruce. "Commerce and the Development of Contract Law in Early New South Wales." Law and History Review 9, no. 2 (1991): 269–325. http://dx.doi.org/10.2307/743650.

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The penal colony of New South Wales was founded in January, 1788, with a population of convicts, military people, and a few civil officers. The settlement displaced one of the oldest cultures on earth, as English law failed to recognize that the Aborigines had any right to the land they had occupied for 40,000 years. On their first night ashore the women convicts were greeted by mass debauchery that deserved to be recorded by Hogarth, all under a heavy thunderstorm.

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23

Williams, Alan W. "Colonial origins of land acquisition law in New South Wales and Queensland." Journal of Legal History 10, no. 3 (December 1989): 352–64. http://dx.doi.org/10.1080/01440368908530973.

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24

Cavell, Emma. "Widows, Native Law and the Long Shadow of England in Thirteenth-Century Wales*." English Historical Review 133, no. 565 (December 2018): 1387–419. http://dx.doi.org/10.1093/ehr/cey335.

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25

Probert, Rebecca, and Liam D’Arcy-Brown. "The Transportation of Bigamists in Early-Nineteenth-Century England and Wales." Journal of Legal History 40, no. 3 (September 2, 2019): 223–52. http://dx.doi.org/10.1080/01440365.2019.1666508.

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26

Neal, David. "Law and authority: The campaign for trial by jury in New South Wales∗." Journal of Legal History 8, no. 2 (September 1987): 107–28. http://dx.doi.org/10.1080/01440368708530893.

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27

Redmayne, Mike. "Myths, Relationships and Coincidences: The New Problems of Sexual History." International Journal of Evidence & Proof 7, no. 2 (March 2003): 75–101. http://dx.doi.org/10.1177/136571270300700201.

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This article reviews recent developments in the law governing the admissibility of sexual history evidence in England and Wales. After the decision of the House of Lords in R v A (No. 2), the law reflects a consensus that the complainant's sexual history with third parties is generally irrelevant to the issue of consent in rape trials. In the first part of this article, the justifications for this conclusion are questioned; it is suggested that the relevance of sexual history is a more complex issue than it is usually acknowledged to be. The second part of the article uses points made in the first to question the way in which concepts drawn from the law on similar fact evidence have been used as the admissibility framework for sexual history. Aspects of the decision in R v A are examined in detail.

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28

Karsten, Peter. "The CANZ Approach to Legal History." Law and History Review 21, no. 3 (2003): 615–20. http://dx.doi.org/10.2307/3595122.

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The first quality the reader may have noted about these two essays is that they both deal with the question of the legal rights of marriage partners to the economic fruits of one another's labor. But inasmuch as this was only one of several issues addressed by Bruce Kercher, I see it only as an interesting coincidence. Somewhat more noteworthy is the difference between their methodologies: Golder and Kirkby's engagingly crafted socio-legal analysis beautifully illustrates the “thick description” virtues of a case study of litigation, reform agitation and legislation, while Kercher gets us well beyond Alan Atkinson's pioneering study of his subject by carefully drawing evidence unavailable to Atkinson from some of the many cases that he and his research assistants have uncovered from manuscript and newspaper records over the past several years (decisions of the Supreme Courts of New South Wales and VanDieman's Land that are steadily becoming available to us all on two websites). Needless to say, both methodologies “work.”

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29

Taylor, Luke. "Speaking the Unspeakable: Buggery, Law, and Community Surveillance in New South Wales, 1788–1838." Law and History Review 38, no. 4 (February 14, 2020): 737–75. http://dx.doi.org/10.1017/s0738248019000774.

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This paper is an empirical and theoretical analysis of buggery charges brought against men in New South Wales in the period 1788—1838. Drawing on a previously unexamined archive, it shows that an irregular pattern of charges in the first forty years of colonization was displaced by a dramatic increase in buggery charges in the period 1828–1838, and a move towards charging accused persons capitally; that the genesis of most complaints was community, rather than official, surveillance; and that throughout the entire period witnesses were far from circumspect in their evidence of unspeakable acts. The paper then argues that the upswing in charges post-1828 was only partly related to the introduction of the Offences Against the Person Act 1828 and its lower evidentiary threshold for proof of buggery. More important, it suggests, was the acute moralism of NSW society in the 1820s and 1830s, generated in part by John Thomas Bigge's 1822 Report into the State of the Colony of New South Wales. The move towards capital charges, however, does appear to bear some relationship to the changes in the Offences Act. The final part of the paper connects social anxiety over buggery to the 1837–38 Molesworth Inquiry into Transportation and the eventual cessation of convict transportation to NSW in 1840.

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30

Dodd, Gwilym. "Law, Legislation, and Consent in the Plantagenet Empire: Wales and Ireland, 1272–1461." Journal of British Studies 56, no. 2 (March 31, 2017): 225–49. http://dx.doi.org/10.1017/jbr.2017.4.

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AbstractIn recent years, scholars have begun to look afresh at the dynamics of English “imperial” power in the late medieval period, but the extent to which the English dominions were subject to English law and legislation––and the questions of why and how these influences varied between the regions and over an extended period of time––have been considered less systematically and rarely comparatively. With its focus on Wales and Ireland, this article explores the synergies and the strains that shaped attitudes towards the authority of the late medieval English crown and that ultimately determined the extent of England's influence beyond its borders. The article shows that these attitudes were often fundamentally conflicted and contradictory. It highlights the difficulties of the English crown in seeking to balance the elitist agenda of its English subjects, on the one hand, with its desire to bring the Welsh and Irish more squarely within the orbit of the English state system, on the other hand. And it shows how the dominions veered between welcoming and resisting the interference of the English crown. The discussion emphasizes how interaction between the English crown and the people of its dominions was shaped above all by dialogue and negotiation.

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31

Murray, C. R. G., and Jonathan Evershed. "The Afterthought: Wales and the Operationalisation of Brexit." Edinburgh Law Review 28, no. 1 (January 2024): 86–95. http://dx.doi.org/10.3366/elr.2024.0874.

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32

Sellar, David. "Dafydd Jenkins, trans, and ed., The Law of Hywel: Law Texts from Medieval Wales. The Welsh Classics, vol. 2. Llaudysul, Wales: Gomer Press, 1986. Pp. xlvii, 425. $14.95 (ISBN: 0-86383-277-6)." Law and History Review 6, no. 1 (1988): 187–89. http://dx.doi.org/10.2307/743925.

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33

WATSON, KATHERINE D. "Women, violent crime and criminal justice in Georgian Wales." Continuity and Change 28, no. 2 (August 2013): 245–72. http://dx.doi.org/10.1017/s0268416013000246.

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This article examines encounters of women with the criminal justice system in Wales during the century before the Courts of Great Sessions were abolished in 1830. Drawing on evidence from cases of sexual assault and homicide, it argues that women who killed were rarely convicted or punished harshly. A gendered discretion of sorts also acted against rape victims, as trials never resulted in conviction. Using violence as a lens, the paper reveals a distinctively Welsh approach to criminal justice, and offers quantitative evidence on which further comparative studies of the history of law and crime in England and Wales may be based.

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34

Hamilton, Paula, and Paula Jane Byrne. "Criminal Law and Colonial Subject: New South Wales 1810-1830." Labour History, no. 68 (1995): 213. http://dx.doi.org/10.2307/27516369.

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35

Watkin, Thomas Glyn. "Consensus and the Constitution." Ecclesiastical Law Journal 3, no. 15 (July 1994): 232–39. http://dx.doi.org/10.1017/s0956618x00005846.

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Church in Wales voted by secret ballot – the first such ballot in the seventy-four year history of that Body – on the motion that the Bill to Enable Women to be Ordained as Priests be passed. The result of the vote was as follows:

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36

Muir, Angela Joy. "Midwifery and Maternity Care for Single Mothers in Eighteenth-Century Wales." Social History of Medicine 33, no. 2 (November 8, 2018): 394–416. http://dx.doi.org/10.1093/shm/hky092.

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Summary The history of childbirth in England has gained increasing momentum, but no studies have been carried out for Wales, and therefore the nature of childbirth in early modern Wales remains largely unknown. This article seeks to redress this imbalance in two ways: First, by examining Welsh parish, court and ecclesiastical records for evidence of those who attended parturient women. This evidence demonstrates that Welsh midwives were not a homogeneous group who shared a common status and experience, but were a diverse mix of practitioners drawn from a range of socioeconomic backgrounds. Secondly, by assessing the care these practitioners provided to some of the most marginalised in Welsh society: unmarried pregnant women. Parish resources were limited, and poor law provision often covered only what was considered absolutely necessary. Analysis of what was deemed essential for the safe delivery of illegitimate infants provides a revealing glimpse of to the ‘ceremony of childbirth’ in eighteenth-century Wales.

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37

Aronson, Mark. "Retreating to the History of Judicial Review?" Federal Law Review 47, no. 2 (March 22, 2019): 179–202. http://dx.doi.org/10.1177/0067205x19831811.

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Less than a decade ago, the High Court said, in effect, that State Supreme Courts have substantially the same entrenched jurisdiction to issue relief in the nature of the prerogative writs as the Constitution confers on the High Court. The New South Wales Court of Appeal reads this narrowly, holding that only three specific remedies are protected, together with the rules and limitations that existed at federation. If correct, we might see the emergence of two bodies of doctrine, the old law of remedies and the new law of ‘judicial review’ (a concept that emerged only after federation). In an unrelated case, six High Court judges implied a limited privative clause ousting non-jurisdictional certiorari. The seventh judge said that this was unnecessary, because in his view, that branch of certiorari conflicts with judicial review fundamentals, is historically misconceived, and should apply only where the reviewing court can try the matter afresh. This article reviews these developments, discusses their rationales and questions both the history and its importance.

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38

Williams, David V. "The Pre-History of the English Laws Act 1858: Mcliver v Macky (1856)." Victoria University of Wellington Law Review 41, no. 3 (November 6, 2010): 361. http://dx.doi.org/10.26686/vuwlr.v41i3.5225.

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The English Laws Act 1858 declared the reception date for the arrival of English law and statutes of general application in New Zealand to be 14 January 1840. This Act was passed because the New Zealand Supreme Court had decided the Wills Act 1837 (UK) did not apply in New Zealand. New Zealand was annexed to the British Empire as a dependency of New South Wales with a reception date in 1825 or 1828. The Supreme Court case that so decided was McLiver v Macky (1856). The New Zealand Law Foundation's 'Lost Cases Project' ascertained that this judgment was fully reported in an Auckland newspaper – The Southern Cross. This article examines the facts of the case and the reasoning of Acting Chief Justice Stephen as to the basis for British sovereignty in New Zealand and the application of English law to British subjects here.

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39

Kercher, Bruce, and J. F. Nagle. "Collins, the Courts & the Colony: Law and Society in Colonial New South Wales 1788-1796." American Journal of Legal History 42, no. 1 (January 1998): 106. http://dx.doi.org/10.2307/846032.

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40

Prunty, Jacinta. "Roman catholic nuns in england and wales 1800–1937, a social history." Women's Studies International Forum 26, no. 5 (September 2003): 503. http://dx.doi.org/10.1016/j.wsif.2003.08.010.

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41

Attwood, Bain. "Law, History and Power: The British Treatment of Aboriginal Rights in Land in New South Wales." Journal of Imperial and Commonwealth History 42, no. 1 (December 9, 2013): 171–92. http://dx.doi.org/10.1080/03086534.2013.868215.

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42

Deering, John, and Martina Feilzer. "Hollowing out probation? The roots of Transforming Rehabilitation." Probation Journal 66, no. 1 (December 28, 2018): 8–24. http://dx.doi.org/10.1177/0264550518820119.

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This article provides a critical perspective on the political and policy history of probation in England and Wales to develop a better understanding of how TR came to be. TR was only the latest act in a longstanding process of changing probation to fit ideological ‘flavours’, and we suggest that it is the hidden nature of probation work in combination with a lack of public legitimation work by probation institutions and probation staff that has placed probation in such a vulnerable position.

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43

Thane, Pat. "The Origins of the British Welfare State." Journal of Interdisciplinary History 50, no. 3 (November 2019): 427–33. http://dx.doi.org/10.1162/jinh_a_01448.

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George Boyer’s The Winding Road to the Welfare State, which traces the shift in Britain from the early nineteenth-century Poor Law to the post-1945 welfare state, is strongest and most useful in its analysis of the labor market in relation to poverty and insecurity and in its precise quantification of wages, poverty, insecurity, and public relief. It is much weaker when discussing how politics and public opinion shaped social policies; overlooking important areas of British state welfare, the book focuses upon unemployment and old-age policies. Nor is the book really about “Britain.” Most of the statistics and analyses refer to England and occasionally Wales. Scotland, with its different economic, administrative, and legal structures, though constitutionally in Britain, is barely mentioned. Notwithstanding Boyer’s contributions to the picture of how the British welfare state emerged, his version of Britain’s “winding road” falls short of the descriptions and analyses that many British publications have already provided within the past thirty years.

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44

Zigmond, A., and A. J. Holland. "Unethical Mental Health Law; History Repeats Itself." International Journal of Mental Health and Capacity Law, no. 3 (September 8, 2014): 50. http://dx.doi.org/10.19164/ijmhcl.v0i3.315.

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<p>The powers enshrined in mental health legislation go directly to fundamental principles central to any caring and democratic society. The tension and dilemma that exists is, on the one hand, the importance of respect for an individual’s right to make decision’s affecting his/her own life to, on the other, the recognition that there are people with mental disabilities that may be vulnerable to abuse and/or neglect and who throughout their lives or at particular times need care and/or treatment, which they may not seek or be able to consent to themselves. In any society it is through case law and statute that an attempt is made to resolve this tension and to ensure that individual rights are not infringed and that those who need care and treatment receive what is in their best interest. Thus a change in such legislation requires the most rigorous of examination and must be judged on the grounds that it a) does not infringe accepted principles such as those of the United Nations Declaration of Human Rights and the European Convention, b) is based on sound ethical principles and does not conflict with the established law of the country, and c) it is practicable and achieves the right balance with respect to the potential tension described above. As practising clinicians (one working in an acute psychiatric service the other in a district learning disability service) we are not in a position expertly to judge the first of these but we believe we can contribute to the second and the third. In this paper we consider specifically the reasons for, and the consequences that follow, the failure on the Government’s part to accept the central importance of decision-making capacity assessment in any new mental health legislation.</p><p>The Green Paper proposals for a new Mental Health Act for England and Wales have now been published. A broad definition of ‘mental disorder’ has been retained, a new system of tribunals is to be established and compulsory treatment in the community would become lawful. However, it rejects the recommendation of the expert committee chaired by Professor Richardson that the assessment of an individual’s decision-making capacity should be a determining factor in the use of compulsory detention. Given this, it does not address the relationship between this legislation and the proposed Mental Incapacity Act. The failure to recognise the central place of decision-making capacity in a modern Mental Health Act is, we believe, a serious omission as it is a reflection of a failure to acknowledge that the basic principle of autonomy is central to such legislation.</p>

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Petchey, Philip. "Legal Issues for Faith Schools in England and Wales." Ecclesiastical Law Journal 10, no. 2 (April 16, 2008): 174–90. http://dx.doi.org/10.1017/s0956618x08001178.

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Faith schools are controversial. There is nothing new about this. State funding for the schools of the established church was historically objectionable to those who dissented from that establishment. Funding for any religious school has always been objectionable to secularists, who have increased in number and influence as society has become increasingly secular. More recently, the Muslim, Hindu and other faiths of the ethnic minorities of England and Wales have begun to utilise provisions that came into being with the Christian churches in mind. This had led to objections from those who are critical of the multicultural approach which has evolved since the Second World War as a response to extensive immigration from the New Commonwealth. This paper examines whether any of the political criticism of faith schools might give rise to legal challenges, now that rights under the European Convention on Human Rights are directly enforceable. In order fully to appreciate the legal arguments, it is necessary to have some understanding of the background. Accordingly, this paper begins by summarising the history of the matter before outlining the current position. An examination of the main criticisms of faith schools follows, and the paper concludes with consideration of a variety of legal arguments.

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Golder, Hilary, and Diane Kirkby. "Mrs. Mayne and Her Boxing Kangaroo: A Married Woman Tests Her Property Rights in Colonial New South Wales." Law and History Review 21, no. 3 (2003): 585–606. http://dx.doi.org/10.2307/3595120.

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In 1891, in the Supreme Court of New South Wales, Mrs. Olivia Mayne brought an action for breach of contract against two brothers, theatrical entrepreneurs, James and Charles MacMahon. Mrs. Mayne claimed the MacMahon brothers owed her money for the hire of her property, a boxing kangaroo called “Fighting Jack.” The MacMahons contested her claim, hoping to avoid their obligation by disputing the legally binding nature of the agreement they had made with her. The argument became one about the contractual capacity of a married woman.

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Torrance, David, and Adam Evans. "The Territorial Select Committees, 40 Years On." Parliamentary Affairs 72, no. 4 (August 21, 2019): 860–78. http://dx.doi.org/10.1093/pa/gsz032.

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Abstract The territorial departmental select committees have largely escaped academic scrutiny since their establishment in 1979 (for Scotland and Wales) and 1994 (Northern Ireland). This article charts the history of territorial representation in Westminster, including the creation of grand committees for Scotland and Wales and a Northern Ireland Standing Committee, before explaining the forces that led to the creation of territorial departmental select committees. The article then explores the work of these committees after their formation, and explores how they have responded to the devolution dispensations in their respective nations. A key theme of this article is the influence of constitutional developments in Scotland, Wales and Northern Ireland on territorial committees at Westminster. Indeed, as this article highlights, the different timings of establishment, the asymmetric levels of (in)stability in the various devolution dispensations and prolonged suspensions of devolution in Northern Ireland have had an impact on the role of the respective territorial select committees.

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Hare, Ivan. "Access to Governmental Information and the Judicial Process: United Kingdom Law and the Influence of Europe." Cambridge Yearbook of European Legal Studies 2 (1999): 329–54. http://dx.doi.org/10.1017/s1528887000003414.

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In the course of attempts by the Thatcher administration to restrain the publication of Spycatcher, the memoirs of a former member of the security and intelligence services, the United Kingdom’s most senior civil servant, the Cabinet Secretary, was subjected to several days of intense cross-examination before Justice Powell in New South Wales and in the High Court in London. Sir Robert Armstrong’s testimony ranged across the recent history of government reactions to the proposed publication of sensitive information by former members of the security services and has since become a significant piece in the jigsaw of the British constitution.

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McMonnies, Rowan. "Ngo Ngo Ha and the High Court V New South Wales: Historical Purpose in History and Law." Federal Law Review 27, no. 3 (September 1999): 471–98. http://dx.doi.org/10.22145/flr.27.3.5.

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Mignot, Jean-François. "Full adoption in England and Wales and France: a comparative history of law and practice (1926–2015)." Adoption & Fostering 41, no. 2 (July 2017): 142–58. http://dx.doi.org/10.1177/0308575917704551.

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