Ian Loveland
Biographic Data
| ID | 4387440 |
|---|---|
| NAME | Ian Loveland |
| GIVEN NAMES | Ian |
| FAMILY NAME | Loveland |
| SIGNATURE | LOVELAND I |
| AFFILIATIONS | Brunel University of London |
| VERIFIED | No |
| TOTAL WORKS | 31 |
| TOTAL CITATIONS | 37 |
| AUTHOR COUNT | 31 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1987 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 3 |
On the Origins of Invalidation of British Colonial Legislation by Colonial Courts
By 1865 British Imperial governments had accepted that colonial courts had the authority to invalidate colonial statutes which contravened the relevant colony's constitution. This situation arose notwithstanding the lack of any express grant of such jurisdiction to colonial courts in Imperial or colonial legislation. This paper evaluates the first instance of a colonial court asserting that jurisdiction, during the Dog Act crisis in Van Diemen's …
On the Origins of Invalidation of British Colonial Legislation by Colonial Courts – the Van Diemen’s Land Dog Act Controversy of the 1840s – Part Two
The first part of this paper examined the background to and conduct of a case called Symons v Morgan before the Supreme Court of Van Diemen’s Land. Symons appears to be the first case in which a colonial court asserted jurisdiction to invalidate a colonial ‘statute’ on the basis that the legislation concerned contravened the colony’s constitution. The Court claimed the jurisdiction as a matter of inference. There was no Imperial or colonial legis…
Changing the meaning of ‘vulnerable’ under the homelessness legislation
The Supreme Court judgement in Hotak v Southwark London Borough Council (Equality and Human Rights Commission and others intervening) [2015] UKSC 30; [2015] 2W.L.R. 1341 appears to have significantly altered prevailing understandings of the meaning of ‘vulnerability’ within the homelessness legislation’s concept of priority need. This paper analyses Hotak’s doctrinal effects, and questions both the adequacy of the court’s reasoning and the likeli…
Constitutional Law, Administrative Law, and Human Rights
Constitutional Law, Administrative Law and Human Rights
PART I: THEORETICAL PRINCIPLES 1. Defining the constitution? 2. Parliamentary sovereignty 3. The rule of law and the separation of powers 4. The Royal prerogative PART II: THE INSTITUTIONS AND OPERATION OF NATIONAL GOVERNMENT 5. The House of Commons 6. The House of Lords 7. The electoral system 8. Parliamentary privilege 9. Constitutional conventions PART III: THE GEOGRAPHICAL SEPARATION OF POWERS 10. Local government 11. The European Economic Co…
The Legitimate Extent of Freedom of Expression
Injunctions, Planning Enforcement and Human Rights
relinquishing that formidable task to the passenger on the London Underground. The ‘wrongful conception’ cases demonstrate that distributive justice can be just as unruly a horse as public policy for the courts to ride. The London Underground is not the BBC’s Moral Maze. Since we are apparently stuck on the Circle Line, however, we can only hope that the House of Lords, having now granted leave to appeal in Rees, will clarify what they really mea…
One Case at a Time
The Danger of (Un) Making Assumptions
Gavin W. Anderson, The Danger of (Un) Making Assumptions: A Legal Pluralist Critique of Contemporary Constitutional Scholarship, The University of Toronto Law Journal, Vol. 50, No. 4 (Autumn, 2000), pp. 443-467
Defending Political Libels
The Government of London
Incorporating the European Convention on Human Rights into UK law
Journal Article Incorporating the European Convention on Human Rights into UK law Get access I Loveland I Loveland Brunel University of Belfast, UK Search for other works by this author on: Oxford Academic Google Scholar Parliamentary Affairs, Volume 52, Issue 1, January 1999, Pages 113–127, https://doi.org/10.1093/pa/52.1.113 Published: 01 January 1999
The War Against the Judges
Reforming Libel Law
The British press has lately been awash with stories of libel actions commenced by MPs against newspapers which have published critical accounts of their behaviour. Rupert Allason has been the most assiduous litigator, 1 but he has not ploughed a lone furrow. David Ashby's ill-fated action against the Sunday Times and Neil Hamilton's aborted case against the Guardian are the most memorable cases, 2 but others come quickly to mind. Jonathan Aitken…
Parliamentary Sovereignty and the European Community
Journal Article Parliamentary Sovereignty and the European Community: The Unfinished Revolution? Get access IAN LOVELAND IAN LOVELAND * Professor of Law, Brunel University Search for other works by this author on: Oxford Academic Google Scholar Parliamentary Affairs, Volume 49, Issue 4, October 1996, Pages 517–535, https://doi.org/10.1093/oxfordjournals.pa.a028694 Published: 01 October 1996
Housing the Homeless
Cathy Sod off! The end of the homelessness legislation
The Department of the Environment (DoE) has recently issued a consultation paper, Access to Local Authority and Housing Association Tenancies, in which it advocates substantial changes to the homelessness legislation currently contained in Part III of the Housing Act 1985. The DoE recommendations may be seen as a logical extension of the Thatcher and Major governments' preference to reduce the scope of state involvement in social service provisio…
The politics, law and practice of “intentional homelessness”
Applications to local authorities under the homelessness legislation (now Part 111 of the Housing Act 1985), have increased steadily since its introduction in 1977. While some 57,000 households were accepted as homeless in 1979, some 116,000 households were accepted as homeless in 1990 (Shelter, 1988; National Audit Office, 1990). The public housing sector has been considerably reduced since 1980 by right to buy sales and restrictions on new buil…
The politics, law and practice of “intentional homelessness”
The first part of this article examined the way in which three local authorities, Midland, Eastern, and Western, implement the intentional homelessness provisions (s.60) of the Housing Act 1985, with respect to applicants who lose their homes as a result of housing debt. It was observed that section 60′s legal structure reserves implementing authorities considerable discretion; this statutory flexibility accurately reflected the uneasy compromise…
Racial Segregation in State Schools
The state education system has been the site of constant political conflict since 1980. In part, this reflects simply the pervasive efforts of the Thatcher and Major administrations to reshape central-local government relations into a less pluralist mould.1 However, education reform has also been the subject of central government's reformist zeal because of its perceived dominance by the professional cadres of the liberal intelligentsia, exemplif…
Redefining Parliamentary Sovereignty? A New Perspective on the Search for the Meaning of Law
Journal Article Redefining Parliamentary Sovereignty? A New Perspective on the Search for the Meaning of Law Get access IAN LOVELAND IAN LOVELAND Search for other works by this author on: Oxford Academic Google Scholar Parliamentary Affairs, Volume 46, Issue 3, July 1993, Pages 319–332, https://doi.org/10.1093/oxfordjournals.pa.a052423 Published: 01 July 1993
Square Pegs, Round Holes
Along with the poll tax and Euro-sceptism, the sale of council houses will be remembered as among the foremost of political innovations of the 1980s. The 'right to buy' might plausibly be presented as exemplifying a pervasive trend towards the 'consumerization' of government, wherein public sector bureaucracies are exposed to the efficiency-inducing discipline of market forces. This paper suggests that the Thatcher administrations' housing polici…
Labour and the Constitution
Journal Article Labour and the Constitution: ‘The Right’ Approach to Reform? Get access IAN LOVELAND IAN LOVELAND Search for other works by this author on: Oxford Academic Google Scholar Parliamentary Affairs, Volume 45, Issue 2, April 1992, Pages 173–187, https://doi.org/10.1093/oxfordjournals.pa.a052349 Published: 01 April 1992
Administrative law, administrative processes, and the housing of homeless persons
This paper presents data from an ethnographic study of local authorities' implemention of the homeless persons legislation. By focusing in detail on the mechanics of administrative decisionmaking, the paper suggests that analyses of the Act dwelling exclusively on statutory provisions and interpretative case law provide a misleading picture of both the conduct and outcome of the bureaucratic. Rather than structuring their behaviour in accordance …
Legal Rights and Political Realities
This article presents a “contextual” study of Britain's Housing (Homeless Persons) Act 1977. The article addresses the ostensibly perplexing policy question of why Britain's homeless population has almost trebled in the 14 years since the homelessness legislation was introduced. The answer is found by subjecting the legislation to a very wide-ranging contextualization process. Rather than simply focusing on the administrative arena in which the a…
Administrative law, administrative processes, and the housing of homeless persons
This paper presents data from an ethnographic study of local authorities' implemention of the homeless persons legislation. By focusing in detail on the mechanics of administrative decisionmaking, the paper suggests that analyses of the Act dwelling exclusively on statutory provisions and interpretative case law provide a misleading picture of both the conduct and outcome of the bureaucratic. Rather than structuring their behaviour in accordance …
Housing Benefit
This paper draws on data gathered during fieldwork conducted in 1986. It attempts to describe and explain the substantive and procedural nature of three local authorities’exercise of discretionary powers in the housing benefit scheme. Particular emphasis is placed on the extent to which administrative practices conform to legislative requirement, on the prescriptive influence of councillors over the administrative process and on the appellate rol…
Legal Rights and Political Realities
This article presents a “contextual” study of Britain's Housing (Homeless Persons) Act 1977. The article addresses the ostensibly perplexing policy question of why Britain's homeless population has almost trebled in the 14 years since the homelessness legislation was introduced. The answer is found by subjecting the legislation to a very wide-ranging contextualization process. Rather than simply focusing on the administrative arena in which the a…
Parliamentary Sovereignty and the European Community
Journal Article Parliamentary Sovereignty and the European Community: The Unfinished Revolution? Get access IAN LOVELAND IAN LOVELAND * Professor of Law, Brunel University Search for other works by this author on: Oxford Academic Google Scholar Parliamentary Affairs, Volume 49, Issue 4, October 1996, Pages 517–535, https://doi.org/10.1093/oxfordjournals.pa.a028694 Published: 01 October 1996
Square Pegs, Round Holes
Along with the poll tax and Euro-sceptism, the sale of council houses will be remembered as among the foremost of political innovations of the 1980s. The 'right to buy' might plausibly be presented as exemplifying a pervasive trend towards the 'consumerization' of government, wherein public sector bureaucracies are exposed to the efficiency-inducing discipline of market forces. This paper suggests that the Thatcher administrations' housing polici…
Cathy Sod off! The end of the homelessness legislation
The Department of the Environment (DoE) has recently issued a consultation paper, Access to Local Authority and Housing Association Tenancies, in which it advocates substantial changes to the homelessness legislation currently contained in Part III of the Housing Act 1985. The DoE recommendations may be seen as a logical extension of the Thatcher and Major governments' preference to reduce the scope of state involvement in social service provisio…
The politics, law and practice of “intentional homelessness”
The first part of this article examined the way in which three local authorities, Midland, Eastern, and Western, implement the intentional homelessness provisions (s.60) of the Housing Act 1985, with respect to applicants who lose their homes as a result of housing debt. It was observed that section 60′s legal structure reserves implementing authorities considerable discretion; this statutory flexibility accurately reflected the uneasy compromise…
Policing Welfare
This paper is one of a series examining the role of administrative law in structuring administrative decision-making within the Housing Benefit scheme.1 As such, it follows an established tradition of socio-legal studies of governmental discretion.2 However, these papers focus particularly on the inter-relationship between party politics and bureaucratic acceptance of administrative law constraints. Earlier papers have studied aspects of the sche…
Changing the meaning of ‘vulnerable’ under the homelessness legislation
The Supreme Court judgement in Hotak v Southwark London Borough Council (Equality and Human Rights Commission and others intervening) [2015] UKSC 30; [2015] 2W.L.R. 1341 appears to have significantly altered prevailing understandings of the meaning of ‘vulnerability’ within the homelessness legislation’s concept of priority need. This paper analyses Hotak’s doctrinal effects, and questions both the adequacy of the court’s reasoning and the likeli…
One Case at a Time
Incorporating the European Convention on Human Rights into UK law
Journal Article Incorporating the European Convention on Human Rights into UK law Get access I Loveland I Loveland Brunel University of Belfast, UK Search for other works by this author on: Oxford Academic Google Scholar Parliamentary Affairs, Volume 52, Issue 1, January 1999, Pages 113–127, https://doi.org/10.1093/pa/52.1.113 Published: 01 January 1999
The War Against the Judges
Racial Segregation in State Schools
The state education system has been the site of constant political conflict since 1980. In part, this reflects simply the pervasive efforts of the Thatcher and Major administrations to reshape central-local government relations into a less pluralist mould.1 However, education reform has also been the subject of central government's reformist zeal because of its perceived dominance by the professional cadres of the liberal intelligentsia, exemplif…
Labour and the Constitution
Journal Article Labour and the Constitution: ‘The Right’ Approach to Reform? Get access IAN LOVELAND IAN LOVELAND Search for other works by this author on: Oxford Academic Google Scholar Parliamentary Affairs, Volume 45, Issue 2, April 1992, Pages 173–187, https://doi.org/10.1093/oxfordjournals.pa.a052349 Published: 01 April 1992
Local government responses to homelessness — a Californian case study
1991). Local government responses to homelessness — a Californian case study. Local Government Studies: Vol. 17, No. 1, pp. 13-44
Welfare Benefits, Administrative Discretion, and the Politics of the 'New Urban Left
Empirical studies of welfare service decision-making have frequently drawn the conclusion that there exists a significant gap between the apparent objectives of the 'law' as articulated in legislation or by judges and the concrete social relations produced by the activities of government employees seeking to put such ideas into practice. Investigations into the allocation1 and management2 of council housing, into the administration of supplementa…
Housing Benefit
This paper draws on data gathered during fieldwork conducted in 1986. It attempts to describe and explain the substantive and procedural nature of three local authorities’exercise of discretionary powers in the housing benefit scheme. Particular emphasis is placed on the extent to which administrative practices conform to legislative requirement, on the prescriptive influence of councillors over the administrative process and on the appellate rol…
Discretionary Decision Making in the Housing Benefit Scheme
This paper describes and analyses the decision making processes adopted by a Labour controlled local authority in exercising certain discretionary powers under the housing benefit scheme. The paper draws on data collected during ethnographic fieldwork conducted in 1986. Particular attention is paid to the relationship between councillors and officers, and to the potentialities and limitations of administrative discretion as a means through which …
Policing Welfare
This paper is one of a series examining the role of administrative law in structuring administrative decision-making within the Housing Benefit scheme.1 As such, it follows an established tradition of socio-legal studies of governmental discretion.2 However, these papers focus particularly on the inter-relationship between party politics and bureaucratic acceptance of administrative law constraints. Earlier papers have studied aspects of the sche…
Distress for Rent
The Housing Act 1988 clearly announced that reform of the institutional and legal structure of rented housing provision will be a major component of the Thatcher Government's ongoing reform of the welfare state. Within the public sector, the Act builds on central government efforts to reduce the role of council housing efforts which began with the Housing Act 1980 'right to buy' policy by enabling individual tenants, buildings, or estates to 'opt…
Administrative law, administrative processes, and the housing of homeless persons
This paper presents data from an ethnographic study of local authorities' implemention of the homeless persons legislation. By focusing in detail on the mechanics of administrative decisionmaking, the paper suggests that analyses of the Act dwelling exclusively on statutory provisions and interpretative case law provide a misleading picture of both the conduct and outcome of the bureaucratic. Rather than structuring their behaviour in accordance …
Legal Rights and Political Realities
This article presents a “contextual” study of Britain's Housing (Homeless Persons) Act 1977. The article addresses the ostensibly perplexing policy question of why Britain's homeless population has almost trebled in the 14 years since the homelessness legislation was introduced. The answer is found by subjecting the legislation to a very wide-ranging contextualization process. Rather than simply focusing on the administrative arena in which the a…
Local government responses to homelessness — a Californian case study
1991). Local government responses to homelessness — a Californian case study. Local Government Studies: Vol. 17, No. 1, pp. 13-44
Square Pegs, Round Holes
Along with the poll tax and Euro-sceptism, the sale of council houses will be remembered as among the foremost of political innovations of the 1980s. The 'right to buy' might plausibly be presented as exemplifying a pervasive trend towards the 'consumerization' of government, wherein public sector bureaucracies are exposed to the efficiency-inducing discipline of market forces. This paper suggests that the Thatcher administrations' housing polici…
Labour and the Constitution
Journal Article Labour and the Constitution: ‘The Right’ Approach to Reform? Get access IAN LOVELAND IAN LOVELAND Search for other works by this author on: Oxford Academic Google Scholar Parliamentary Affairs, Volume 45, Issue 2, April 1992, Pages 173–187, https://doi.org/10.1093/oxfordjournals.pa.a052349 Published: 01 April 1992
The politics, law and practice of “intentional homelessness”
Applications to local authorities under the homelessness legislation (now Part 111 of the Housing Act 1985), have increased steadily since its introduction in 1977. While some 57,000 households were accepted as homeless in 1979, some 116,000 households were accepted as homeless in 1990 (Shelter, 1988; National Audit Office, 1990). The public housing sector has been considerably reduced since 1980 by right to buy sales and restrictions on new buil…
The politics, law and practice of “intentional homelessness”
The first part of this article examined the way in which three local authorities, Midland, Eastern, and Western, implement the intentional homelessness provisions (s.60) of the Housing Act 1985, with respect to applicants who lose their homes as a result of housing debt. It was observed that section 60′s legal structure reserves implementing authorities considerable discretion; this statutory flexibility accurately reflected the uneasy compromise…
Racial Segregation in State Schools
The state education system has been the site of constant political conflict since 1980. In part, this reflects simply the pervasive efforts of the Thatcher and Major administrations to reshape central-local government relations into a less pluralist mould.1 However, education reform has also been the subject of central government's reformist zeal because of its perceived dominance by the professional cadres of the liberal intelligentsia, exemplif…
Redefining Parliamentary Sovereignty? A New Perspective on the Search for the Meaning of Law
Journal Article Redefining Parliamentary Sovereignty? A New Perspective on the Search for the Meaning of Law Get access IAN LOVELAND IAN LOVELAND Search for other works by this author on: Oxford Academic Google Scholar Parliamentary Affairs, Volume 46, Issue 3, July 1993, Pages 319–332, https://doi.org/10.1093/oxfordjournals.pa.a052423 Published: 01 July 1993
Cathy Sod off! The end of the homelessness legislation
The Department of the Environment (DoE) has recently issued a consultation paper, Access to Local Authority and Housing Association Tenancies, in which it advocates substantial changes to the homelessness legislation currently contained in Part III of the Housing Act 1985. The DoE recommendations may be seen as a logical extension of the Thatcher and Major governments' preference to reduce the scope of state involvement in social service provisio…
Housing the Homeless
Parliamentary Sovereignty and the European Community
Journal Article Parliamentary Sovereignty and the European Community: The Unfinished Revolution? Get access IAN LOVELAND IAN LOVELAND * Professor of Law, Brunel University Search for other works by this author on: Oxford Academic Google Scholar Parliamentary Affairs, Volume 49, Issue 4, October 1996, Pages 517–535, https://doi.org/10.1093/oxfordjournals.pa.a028694 Published: 01 October 1996
The War Against the Judges
Reforming Libel Law
The British press has lately been awash with stories of libel actions commenced by MPs against newspapers which have published critical accounts of their behaviour. Rupert Allason has been the most assiduous litigator, 1 but he has not ploughed a lone furrow. David Ashby's ill-fated action against the Sunday Times and Neil Hamilton's aborted case against the Guardian are the most memorable cases, 2 but others come quickly to mind. Jonathan Aitken…
Defending Political Libels
The Government of London
Incorporating the European Convention on Human Rights into UK law
Journal Article Incorporating the European Convention on Human Rights into UK law Get access I Loveland I Loveland Brunel University of Belfast, UK Search for other works by this author on: Oxford Academic Google Scholar Parliamentary Affairs, Volume 52, Issue 1, January 1999, Pages 113–127, https://doi.org/10.1093/pa/52.1.113 Published: 01 January 1999
The Danger of (Un) Making Assumptions
Gavin W. Anderson, The Danger of (Un) Making Assumptions: A Legal Pluralist Critique of Contemporary Constitutional Scholarship, The University of Toronto Law Journal, Vol. 50, No. 4 (Autumn, 2000), pp. 443-467
One Case at a Time
The Legitimate Extent of Freedom of Expression
Political science (29 works) · Law (26 works) · Law (23 works) · Sociology (17 works) · Politics (13 works) · Public Administration (11 works) · Public Administration (11 works) · Housing, Finance, and Neoliberalism (10 works) · Law and economics (8 works) · Legislation (8 works)