6. Crossing the border and leave to remain

2018 ◽  
Author(s):  
Gina Clayton ◽  
Georgina Firth ◽  
Caroline Sawyer ◽  
Rowena Moffatt ◽  
Helena Wray
Keyword(s):  
New Technologies ◽  
Immigration Status ◽  
The Common ◽  
The Law ◽  
The Uk ◽  
Oriented System ◽  
Legal Processes

Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter is concerned with the legal processes of crossing the border to enter the UK and the stages at which that crossing is encountered before and on arrival. It discusses the extra-territorial powers of immigration officers and the role of new technologies as characteristics of an increasingly diffuse, intelligence-based, and security-oriented system. It describes the role and powers of entry clearance officers and immigration officers, including the power to discriminate, and considers the general grounds for refusal of leave or entry clearance. It presents a brief account of some offences which may be committed in the course of entry. Also discussed are the Common Travel Area (CTA), the grant of leave, and how the most secure immigration status of settlement may be achieved.

6. Crossing the border and leave to remain

2021 ◽  
pp. 201-246
Author(s):  
Gina Clayton ◽  
Georgina Firth ◽  
Caroline Sawyer ◽  
Rowena Moffatt
Keyword(s):  
New Technologies ◽  
Immigration Status ◽  
The Common ◽  
The Uk ◽  
Oriented System ◽  
Legal Processes

This chapter is concerned with the legal processes of crossing the border to enter the UK and the stages at which that crossing is encountered before and on arrival. It discusses the extraterritorial powers of immigration officers and the role of new technologies as characteristics of an increasingly diffuse, intelligence-based, and security-oriented system. It describes the role and powers of entry clearance officers and immigration officers, including the power to discriminate, and considers the general grounds for refusal of leave or entry clearance. It presents a brief account of some offences which may be committed in the course of entry. Also discussed are the Common Travel Area (CTA), the grant of leave, and how the most secure immigration status of settlement may be achieved.

The gypsy’s lot: myth and reality

2017 ◽  
Author(s):  
Robert Jago
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Lived Experiences ◽  
European Court ◽  
The Law ◽  
The Uk ◽  
The Relationship

This chapter focuses on the lived experiences of gypsies (collectively referred to as gypsies rather than Roma or travellers). The author argues that the relationship between the legal system and the specific lifestyle of this group is itself causing many tensions which cannot be separated from the long-held myths about gypsies. Jago shows how the standing of gypsies in the UK legal system has, in turn, become the object of various myths. He demonstrates how judgements by the European Court of Human Rights in favour of gypsy claims created in many an image of the law being always on the side of the gypsy. A perception which Jago demonstrates is far from true. After addressing the nature and role of myths in general the author illustrates the tension between positive, romanticised myths about the freedom of gypsy lifestyle and three derogatory myths, namely gypsies as "child-snatchers", as thieves and as "land grabbers". Jago illustrates that these myths are linked to deep-rooted beliefs around property and its ownership.

The Role of the Directors

2021 ◽  
pp. 125-194
Author(s):  
Eva Micheler
Keyword(s):  
Public Interest ◽  
Company Law ◽  
Economic Interests ◽  
Financial Reports ◽  
The Public ◽  
Company Directors ◽  
The Board Of Directors ◽  
The Law ◽  
The Uk

This chapter describes the role of the directors. The duties of the directors are owed to the company and while the shareholders are the primary indirect beneficiaries of those duties, the law integrates the interests of creditors and also of wider society. The law is primarily focused on ensuring compliance with the Companies Act and the constitution rather than with the enhancement of economic interests. The Company Directors Disqualification Act 1986 serves as a mechanism through which the public interest is integrated into company law, while the UK Corporate Governance Code adds a further procedural dimension to the operation of the board of directors. The chapter then looks at how the idea of designing remuneration in a way that guides the directors to act either for the benefit of the shareholder or for the benefit of the company is flawed and has served as a motor justifying increasing rewards without bringing about commensurate increases in performance. It also analyses the duties of the directors to keep accounting records and to produce financial reports.

Samuel Smith and Judicial Review of Policy Interpretation: A Middle Way in the Law and Policy Divide

2020 ◽  
Vol 32 (3) ◽  
pp. 577-587
Author(s):  
Samuel Ruiz-Tagle
Keyword(s):  
Judicial Review ◽  
Planning System ◽  
Distinctive Character ◽  
Policy Interpretation ◽  
Middle Way ◽  
Law And Policy ◽  
The Law ◽  
Uk Supreme Court ◽  
The Uk

Abstract This analysis explores new developments in judicial review of planning policy interpretation. It shows how the nature of policy, often contextual and judgment-dependent, has led the UK Supreme Court to rethink the standard of review applicable to this issue. By considering the recent decision in Samuel Smith as part of a trilogy of cases—including Tesco Stores and Hopkins Homes—this analysis reveals a change in judicial attitudes, away from the expansive judicial supervision upheld in Tesco Stores. Furthermore, this study reflects on how this change is related to two wider ideas. The first is the Court’s understanding of the law and policy divide in the planning field, whilst the second is to do with a pragmatic stance regarding the purpose of the planning system and the institutional role of the courts in it. Finally, this analysis shows how the new approach emphasises the distinctive character of policy in the planning context.

scholarly journals Molecular Politics, Wearables, and the Aretaic Shift in Biopolitical Governance

2020 ◽  
Vol 37 (3) ◽  
pp. 71-96
Author(s):  
Peter Lindner
Keyword(s):  
Human Body ◽  
Common Ground ◽  
New Technologies ◽  
Expert Knowledge ◽  
The Body ◽  
Life Itself ◽  
The Common ◽  
The Individual ◽  
Individual Body

Since the publication of Nikolas Rose’s ‘The Politics of Life Itself’ (2001) there has been vivid discussion about how biopolitical governance has changed over the last decades. This article uses what Rose terms ‘molecular politics’, a new socio-technical grip on the human body, as a contrasting background to ask anew his question ‘What, then, of biopolitics today?’ – albeit focusing not on advances in genetics, microbiology, and pharmaceutics, as he does, but on the rapid proliferation of wearables and other sensor-software gadgets. In both cases, new technologies providing information about the individual body are the common ground for governance and optimization, yet for the latter, the target is habits of moving, eating and drinking, sleeping, working and relaxing. The resulting profound differences are carved out along four lines: ‘somatic identities’ and a modified understanding of the body; the role of ‘expert knowledge’ compared to that of networks of peers and self-experimentation; the ‘types of intervention’ by which new technologies become effective in our everyday life; and the ‘post-discipline character’ of molecular biopolitics. It is argued that, taken together, these differences indicate a remarkable shift which could be termed aretaic: its focus is not ‘life itself’ but ‘life as it is lived’, and its modality are new everyday socio-technical entanglements and their more-than-human rationalities of (self-)governance.

scholarly journals Clinical workstations: An architectural perspective

1996 ◽  
Vol 05 (01) ◽  
pp. 59-64
Author(s):  
P.D. Clayton ◽  
S. Sengupta
Keyword(s):  
New Technologies ◽  
Clinical Information ◽  
Information Architecture ◽  
User Needs ◽  
Application Logic ◽  
The Common ◽  
Clinical Workstation ◽  
Architectural Perspective ◽  
Functional Components

AbstractThe role of a clinical workstation is examined as an integral part of a larger, clinical information delivery and acquisition system. Different care scenarios and environmental factors influence the behavior of a workstation. The common functional components of a workstation are information resources, application logic and presentation. A workstation is successful when each of its components operates within an information architecture and contributes to meet user needs. New technologies to integrate and display information are making the workstation functions independent of the actual hardware and software platform.

scholarly journals Vitamin C intake and susceptibility to the common cold

1997 ◽  
Vol 77 (1) ◽  
pp. 59-72 ◽  
Author(s):  
Harri Hemilä
Keyword(s):  
Vitamin C ◽  
Common Cold ◽  
Potential Effect ◽  
Dietary Vitamin ◽  
High Dose ◽  
Plasma Vitamin ◽  
Vitamin C Supplementation ◽  
The Common ◽  
The Uk

Although the role of vitamin C in common cold incidence had been studied extensively, the level of vitamin C intake has not been unequivocally shown to affect the incidence of colds. In the present study the six largest vitamin C supplementation (≥ 1 g/d) studies, including over 5000 episodes in all, have been analysed, and it is shown that common cold incidence is not reduced in the vitamin C-supplemented groups compared with the placebo groups (pooled rate ratio (RR) 0·99; 95% CI 0·93, 1·04). Consequently these six major studies give no evidence that high-dose vitamin C supplementation decreases common cold incidence in ordinary people. Nevertheless, the analysis was continued with the hypothesis that vitamin C intake may affect common cold susceptibility in specific groups of people. It was assumed that the potential effect of supplementation might be most conspicuous in subjects with low dietary vitamin C intake. The average vitamin C intake has been rather low in the UK and plasma vitamin C concentrations are in general lower in males than in females. In four studies with British females vitamin C supplementation had no marked effect on common cold incidence (pooled RR 0·95; 95% CI 0·86, 1·04). However, in four studies with British male schoolchildren and students a statistically highly significant reduction in common cold incidence was found in groups supplemented with vitamin C (pooled RR 0·70; 95% CI 0·60, 0·81). Thus, these studies with British males indicate that vitamin C intake has physiological effects on susceptibility to common cold infections, although the effect seems quantitatively meaningful only in limited groups of people and is not very large.

scholarly journals HOW STRICTLY DID THE ATHENIAN COURTS APPLY THE LAW? THE ROLE OF EPIEIKEIA

2013 ◽  
Vol 56 (1) ◽  
pp. 27-48 ◽  
Author(s):  
EDWARD HARRIS
Keyword(s):  
Common Law ◽  
General Rule ◽  
Nicomachean Ethics ◽  
The Common ◽  
The Law ◽  
Principles Of Justice ◽  
The Relationship ◽  
The City ◽  
Positivist Approach

Abstract H. Meyer‐Laurin has claimed that the Athenian courts took a stricti iuris approach to the law and did not take extenuating circumstances into account. Other scholars (Mirhady, Todd) have claimed that the courts sometimes ignored the law and took extra‐legal considerations into account, which was called ‘fairness’ (epieikeia). The essay begins with a careful reading of Aristotle's analysis of ‘fairness’ (epieikeia) in the Nicomachean Ethics and the Rhetoric and draws on an important essay by J. Brunschwig. Fairness was not a doctrine that attempted to undermine the authority of the law or placed the law of the city in opposition to the unwritten laws or the common law of mankind. Nor did the application of fairness introduce non‐legal factors into adjudication. Rather, fairness dealt with the problem of treating exceptions to the general rule contained in a specific written law. The essay then shows how litigants used arguments based on fairness and how the courts sometimes took extenuating circumstances into account. When Athenian judges swore to decide according to the laws of Athens, they did not just consider the law under which the accuser had brought his case. They could also take into account general principles of justice implicit in the laws of Athens as a whole. In this way, they avoided a rigid positivist approach to law. Finally, the essay sheds some light on the relationship between Aristotle's Rhetoric and the arguments used in the Athenian courts.

Liability for Means of Mass Transportation in Scandinavia

2018 ◽  
Vol 9 (2) ◽  
pp. 170-191
Author(s):  
Bjarte Askeland
Keyword(s):  
Social Security ◽  
Strict Liability ◽  
Legal Culture ◽  
Air Traffic ◽  
Mass Transportation ◽  
Contributory Negligence ◽  
The Common ◽  
The Law ◽  
The Uk ◽  
Social Security Benefits

Abstract The article presents an overview of Norwegian law with regard to damages caused by means of mass transportation by buses, railways and airplanes. The author explains why and how in Norway, as elsewhere in Scandinavia, there is strict liability for damages caused by means of mass transportation. Also the assessment of damages in the mentioned categories is discussed. For personal injuries there are no caps for trains or buses, partly because a greater part of the loss of income is covered by social security benefits, something which is typical of the ‘Nordic model’. Along the same lines, the rules on contributory negligence favour the victim somewhat more than in other parts of Europe, with regard to accidents caused by both buses and trains. Hence the law is all in all rather friendly to the victim. As for damage caused by air traffic, there are tensions between the ‘victim-friendly’ attitude and the relevant EU regulations which make the Montreal Convention applicable to Scandinavian law. These tensions are discussed towards the end of the article. Thus the article highlights and illustrates how the Scandinavian legal culture with the ‘Nordic Model’ as its special hallmark endorses solutions that somewhat contradict the common solutions in continental Europe and in the UK.

11. Judge-made law

2018 ◽  
Author(s):  
Neil Parpworth
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
The Common ◽  
The Law ◽  
The Uk

This chapter considers a further source of the UK constitution: the law made by the judicial branch of government as a result of the cases heard by the courts. Today it is widely accepted that judge-made law is a reality. It takes two main forms: the development of the common law; or the interpretation of statutes. The two main approaches of the courts to interpretation of Acts of Parliament—the literal approach and the purposive approach—are discussed. The interpretative obligation imposed on the courts by s 3 of the Human Rights Act 1998 is also reviewed.

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