Gavin Phillipson
Biographic Data
| ID | 5578734 |
|---|---|
| NAME | Gavin Phillipson |
| GIVEN NAMES | Gavin |
| FAMILY NAME | Phillipson |
| SIGNATURE | PHILLIPSON G |
| AFFILIATIONS | Durham University |
| ORCID | 0000-0002-9326-8983 |
| VERIFIED | Yes |
| TOTAL WORKS | 9 |
| TOTAL CITATIONS | 9 |
| WORKS AS AUTHOR | 8 |
| WORKS AS EDITOR | 1 |
| FIRST PUBLICATION YEAR | 1999 |
| LATEST PUBLICATION YEAR | 2022 |
| H-INDEX | 2 |
Protecting National Security by Breaking the Law? Prerogative, Statute and the Powers of MI5
The Court of Appeal decision in Privacy International v Foreign Secretary (2021) found lawful the long‐secret policy governing the purported authorisation and commission of criminal offences as part of the work of MI5 and its informants. The Court found MI5 had a public law power to engage in such criminality, historically under the royal prerogative and more latterly as an implied power under the Security Service Act 1989. The authors argue that…
A Dive into Deep Constitutional Waters
This article analyses the Article 50 TEU debate and the argument that for the UK Government to trigger the formal withdrawal process without explicit parliamentary authorisation would be unlawful, because it would inevitably result in the removal of rights enjoyed under EU law and the frustration of the purpose of the statutes giving those rights domestic effect. After a brief survey of Article 50, this article argues first of all that the power …
Text, Cases and Materials on Public Law and Human Rights
Aileen Kavanagh, Constitutional Review under the UK Human Rights Act
Aileen Kavanagh is now firmly established as one of the United Kingdom's foremost constitutional scholars; she has taken a central role in expounding and justifying the practice of constitutional review described in the title of this book, doctrinally, constitutionally and theoretically. She has, for this reader at least, produced by far the most convincing and satisfying account of the factors the senior judges use in deploying their key tools o…
Policing, profiling and discrimination law
Counter-terrorism officials in the USA and the UK responded to the events of 11 September 2001 and 7 July 2005 with an increasing resort to the use of ‘intelligence-led policing’ methods such as racial and religious profiling. Reliance on intelligence, to the effect that most people who commit a certain crime have a certain ethnicity, can lead to less favourable treatment of an individual with that ethnicity because of his membership in that grou…
Horizontal Effect and the Constitutional Constraint
This article offers a new interpretation – the ‘constitutional constraint’ model – of the duty the H uman R ights A ct imposes on the courts to give horizontal effect to E uropean C onvention rights through the common law. The model requires courts to develop the common law compatibly with the C onvention, but only where compatibility can be achieved by incremental development. We argue that models requiring more than incremental development are …
Transforming Breach of Confidence? Towards a Common Law Right of Privacy under the Human Rights Act
This article examines the development of a remedy for unauthorised publication of personal information that has resulted from the fusion of breach of confidence with the limited ‘horizontal’ application of Article 8 of the ECHR via the Human Rights Act. Its analysis of Strasbourg and domestic post‐HRA case law reveals the extent to which confidence has in some areas been radically transformed into a privacy right in all but name; however it also …
Breach of Confidence as a Privacy Remedy in the Human Rights Act Era
This article examines the impact of the Human Rights Act (HRA) on the current lack of a remedy for non‐consensual publication of personal information by the media. It argues that the action for breach of confidence is now ripe for development into a privacy law in all but name and that the normative impetus for this enterprise can be found in the HRA which will require domestic courts to consider Convention jurisprudence. It will suggest that whe…
The Human Rights Act, ‘Horizontal Effect’ and the Common Law
The Human Rights Act, ‘Horizontal Effect’ and the Common Law
A Dive into Deep Constitutional Waters
This article analyses the Article 50 TEU debate and the argument that for the UK Government to trigger the formal withdrawal process without explicit parliamentary authorisation would be unlawful, because it would inevitably result in the removal of rights enjoyed under EU law and the frustration of the purpose of the statutes giving those rights domestic effect. After a brief survey of Article 50, this article argues first of all that the power …
Horizontal Effect and the Constitutional Constraint
This article offers a new interpretation – the ‘constitutional constraint’ model – of the duty the H uman R ights A ct imposes on the courts to give horizontal effect to E uropean C onvention rights through the common law. The model requires courts to develop the common law compatibly with the C onvention, but only where compatibility can be achieved by incremental development. We argue that models requiring more than incremental development are …
Transforming Breach of Confidence? Towards a Common Law Right of Privacy under the Human Rights Act
This article examines the development of a remedy for unauthorised publication of personal information that has resulted from the fusion of breach of confidence with the limited ‘horizontal’ application of Article 8 of the ECHR via the Human Rights Act. Its analysis of Strasbourg and domestic post‐HRA case law reveals the extent to which confidence has in some areas been radically transformed into a privacy right in all but name; however it also …
The Human Rights Act, ‘Horizontal Effect’ and the Common Law
Breach of Confidence as a Privacy Remedy in the Human Rights Act Era
This article examines the impact of the Human Rights Act (HRA) on the current lack of a remedy for non‐consensual publication of personal information by the media. It argues that the action for breach of confidence is now ripe for development into a privacy law in all but name and that the normative impetus for this enterprise can be found in the HRA which will require domestic courts to consider Convention jurisprudence. It will suggest that whe…
Transforming Breach of Confidence? Towards a Common Law Right of Privacy under the Human Rights Act
This article examines the development of a remedy for unauthorised publication of personal information that has resulted from the fusion of breach of confidence with the limited ‘horizontal’ application of Article 8 of the ECHR via the Human Rights Act. Its analysis of Strasbourg and domestic post‐HRA case law reveals the extent to which confidence has in some areas been radically transformed into a privacy right in all but name; however it also …
Policing, profiling and discrimination law
Counter-terrorism officials in the USA and the UK responded to the events of 11 September 2001 and 7 July 2005 with an increasing resort to the use of ‘intelligence-led policing’ methods such as racial and religious profiling. Reliance on intelligence, to the effect that most people who commit a certain crime have a certain ethnicity, can lead to less favourable treatment of an individual with that ethnicity because of his membership in that grou…
Horizontal Effect and the Constitutional Constraint
This article offers a new interpretation – the ‘constitutional constraint’ model – of the duty the H uman R ights A ct imposes on the courts to give horizontal effect to E uropean C onvention rights through the common law. The model requires courts to develop the common law compatibly with the C onvention, but only where compatibility can be achieved by incremental development. We argue that models requiring more than incremental development are …
Aileen Kavanagh, Constitutional Review under the UK Human Rights Act
Aileen Kavanagh is now firmly established as one of the United Kingdom's foremost constitutional scholars; she has taken a central role in expounding and justifying the practice of constitutional review described in the title of this book, doctrinally, constitutionally and theoretically. She has, for this reader at least, produced by far the most convincing and satisfying account of the factors the senior judges use in deploying their key tools o…
Text, Cases and Materials on Public Law and Human Rights
A Dive into Deep Constitutional Waters
This article analyses the Article 50 TEU debate and the argument that for the UK Government to trigger the formal withdrawal process without explicit parliamentary authorisation would be unlawful, because it would inevitably result in the removal of rights enjoyed under EU law and the frustration of the purpose of the statutes giving those rights domestic effect. After a brief survey of Article 50, this article argues first of all that the power …
Protecting National Security by Breaking the Law? Prerogative, Statute and the Powers of MI5
The Court of Appeal decision in Privacy International v Foreign Secretary (2021) found lawful the long‐secret policy governing the purported authorisation and commission of criminal offences as part of the work of MI5 and its informants. The Court found MI5 had a public law power to engage in such criminality, historically under the royal prerogative and more latterly as an implied power under the Security Service Act 1989. The authors argue that…
Law (9 works) · Political science (9 works) · Sociology (6 works) · Human rights (5 works) · Law and economics (5 works) · Judicial and Constitutional Studies (4 works) · Politics (4 works) · Criminal Law and Evidence (3 works) · Common law (2 works) · Computer Science (2 works)