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The chapter analyses the market for stewardship, as it has been developing in the UK. The 2020 UK Stewardship Code more clearly than previous stewardship codes (both in the UK and elsewhere) articulates the concept of a market for stewardship. The UK Code 2020 takes into account the position of end-investors and beneficiaries. The hope is that stewardship will be delivered because those whose money is invested ask for it. We agree that stewardship does start with those who contribute the funds invested in the market. The focus on end-investors and beneficiaries is, however, not enough. By limiting the analysis to these groups, the UK government overlooks the fact that it is itself a financial contributor to the market. A study commissioned by the Competition and Markets Authority (CMA) finds, for example, that 90% of the revenue of investment consultants and fiduciary managers derives from pensions. The government contributes to pension investments through the provision of tax credit. It is a significant financial investor in the market. Tax credit also deprives end-investors and beneficiaries of a financial incentive to oversee asset owners, asset managers and other service providers. We suggest that the UK government should act as a steward in relation to its own investment and tailor tax credit to investments that are stewardship-active.
Most UK patent litigation takes place in England and Wales, where it is heard by either the Patents Court (larger, more complex and/or more valuable cases) or the Intellectual Property Enterprise Court (smaller, less complex and/or less valuable cases). These are both specialised courts. It is normal in both courts for issues of infringement and validity of the patent to be heard together. The intellectual property bar in England and Wales consists of a considerable number of highly specialised and skilful advocates, most of whom have a Science, Technology, Engineering and Mathematics (STEM) degree as well as a legal qualification. They are instructed by both large multinational firms and small boutique firms of lawyers, and they are well known for being innovative, particularly with regard to procedural questions. Although there is a reasonable volume of UK patent litigation, disputes concerning injunctions are relatively infrequent.
Health care finance and delivery systems in all of their wonderful complexity exert a significant but often hidden impact on the practice of medicine, including end-of-life care. The US health care finance and delivery system is highly disjunctive and disorganized. In fact, calling it a ‘system’ suggests a level of organization, coordination, and working toward a common purpose that simply doesn’t exist in US health care. Understanding what is going on with end-of-life care in the United States, on both the patient end and the provider side requires a basic grasp of our system of access to health care, payment for care, and regulation of the practice of medicine.
In-person religious service attendance has been linked to favorable health and well-being outcomes. However, little research has examined whether online religious participation improves these outcomes, especially when in-person attendance is suspended.
Using longitudinal data of 8951 UK adults, this study prospectively examined the association between frequency of online religious participation during the stringent lockdown in the UK (23 March –13 May 2020) and 21 indicators of psychological well-being, social well-being, pro-social/altruistic behaviors, psychological distress, and health behaviors. All analyses adjusted for baseline socio-demographic characteristics, pre-pandemic in-person religious service attendance, and prior values of the outcome variables whenever data were available. Bonferroni correction was used to correct for multiple testing.
Individuals with online religious participation of ≥1/week (v. those with no participation at all) during the lockdown had a lower prevalence of thoughts of self-harm in week 20 (odds ratio 0.24; 95% CI 0.09–0.62). Online religious participation of <1/week (v. no participation) was associated with higher life satisfaction (standardized β = 0.25; 0.11–0.39) and happiness (standardized β = 0.25; 0.08–0.42). However, there was little evidence for the associations between online religious participation and all other outcomes (e.g. depressive symptoms and anxiety).
There was evidence that online religious participation during the lockdown was associated with some subsequent health and well-being outcomes. Future studies should examine mechanisms underlying the inconsistent results for online v. in-person religious service attendance and also use data from non-pandemic situations.
National judicial systems within the European Union (EU) face pressures toward alignment under the policy agendas for judicial cooperation connected with the Lisbon Treaty and the widespread practice of ‘transnational borrowing’ among courts. Using the CJEU and ECtHR as case studies in the phenomena of judicial culture and transnational judicial communication, this chapter explores how constitutional norms and formal policies interact with contextual influences (including informal judicial interaction and evolving national ideas and practices regarding judging and judicial organisation) to produce increasing legal alignment among the member states. In doing so, the chapter explicitly highlights the need to combine comparative legal analysis with socio-legal research methods in order to understand the evolution of constitutional law.
The modern state of New Zealand was founded on the signing of the Treaty of Waitangi between the British Crown and indigenous Maori tribes. New Zealand’s partly uncodified, partly unwritten constitution is thus structured around questions of indigenous rights and the treaty relationship between the Maori and the Crown. This chapter examines how and why the Treaty and indigenous rights play a fundamental role in New Zealand’s constitutional system, and it uses the example of New Zealand to challenge conventional understandings as to what counts as a “constitution.”
This chapter considers the post-Brexit procurement law landscape. While the UK procurement regime has undoubtedly changed, post-Brexit procurement remains both relatively detailed and relatively prescriptive, once the TCA, the position arising from the Protocol, and current UK government proposals for the future of public procurement are considered together. That said, the potential for greater flexibility in the future remains. Greater latitude clearly arises In respect of sub-threshold contracts, although increased flexibility may result in small and medium-sized enterprises (SMEs) losing important market access opportunities. Incorporation of secondary policies – social, labour and environmental objectives – into the procurement process has previously been closely regulated by the EU due to concerns of facilitating disguised ‘economic nationalism’, and thus an opportunity for expanding their use arises post-Brexit. Early indications are that there is an interest in pursuing this opportunity.
Taking the long view, the WA is likely to be remembered for two matters: the position it takes on the protection of citizens’ rights (provisions which have the potential, as we shall see, to last for well over a century) and the provisions of the Protocol which could last indefinitely – or perhaps no longer than four years – depending on the outcome of consent votes in the Northern Ireland Assembly. This chapter looks primarily at the effect of the WA in the UK as a whole. It focuses on the implementation of the WA in UK law, the enforcement of rights under the Protocol, as they relate to the UK, and the position on citizens’ rights.
The aims of the chapter are twofold. First, to understand the nature and characteristics of new forms of populist government, and in particular the emergence of “illiberal democracy,” the modern intellectual origins of which can be found in the writings of Carl Schmitt. Second, to examine the consequences of illiberal democracy for trade unions both politically and industrially. The concern is not just that illiberal democracy continues to redefine and diminish the role of trade unions, but that it does so at a time when trade unions have been weakened by decades of economic liberalism. Although these are questions of emerging global significance, recent political developments in the United Kingdom provide the main focus of this chapter.
This chapter provides an account of the market investigation provisions on the UK Enterprise Act of 2002, which enables the Competition and Markets Authority (CMA) to investigate markets and to determine whether any ‘features’ of a market prevent, restrict or distort competition. If the CMA discovers an ‘adverse effect on competition’, powers are available to achieve as ‘comprehensive solution as possible’ through the imposition of remedies, up to and including mandatory divestiture. This chapter describes these powers, explains the institutional regime within which decisions are made and the procedure that the CMA follows in market investigation cases. Some other jurisdictions possess similar powers to those contained in the Enterprise Act. In particular, the chapter describes the powers available to the competition authorities in Greece, Iceland, Mexico and South Africa.
Turning the wealth of health and social data into insights to promote better public health, while enabling more effective personalized care, is critically important for society. In particular, social determinants of health have a significant impact on individual health, well-being, and inequalities in health. However, concerns around accessing and processing such sensitive data, and linking different datasets, involve significant challenges, not least to demonstrate trustworthiness to all stakeholders. Emerging datatrust services provide an opportunity to address key barriers to health and social care data linkage schemes, specifically a loss of control experienced by data providers, including the difficulty to maintain a remote reidentification risk over time, and the challenge of establishing and maintaining a social license. Datatrust services are a sociotechnical evolution that advances databases and data management systems, and brings together stakeholder-sensitive data governance mechanisms with data services to create a trusted research environment. In this article, we explore the requirements for datatrust services, a proposed implementation—the Social Data Foundation, and an illustrative test case. Moving forward, such an approach would help incentivize, accelerate, and join up the sharing of regulated data, and the use of generated outputs safely amongst stakeholders, including healthcare providers, social care providers, researchers, public health authorities, and citizens.
A consensus has recently developed within the UK Parliamentary debate over the legalisation of assisted dying that the consent of a High Court judge should be required as part of a future regulatory regime. This chapter questions the basis of this consensus, arguing that it is neither evidence-based nor required by the decision of the UK Supreme Court in Nicklinson. The chapter begins by briefly sketching the approach of permissive regulatory regimes to the evaluation of assisted dying cases which demonstrates the dearth of direct experience of judicial approval of such cases. Recent calls for prospective judicial approval in two jurisdictions then contemplating legalisation are considered ‒ Canada (which did legalise) and England and Wales (which did not), demonstrating that these calls are tactical and lack substantive argument. The chapter then examines data from permissive regimes to describe persons likely to seek assistance in dying and evaluates the extent to which a prospective judicial approval requirement would meet likely legislative goals, before recommending an alternative approach and drawing broader lessons from this experience for legislative change on assisted dying.
In the UK, decisions taken on behalf of patients who lack capacity must be in their best interests, but the meaning of ‘best interests’ has evolved. The Mental Capacity Act 2005 codified the law relating to adults who lack capacity, offering a checklist of factors relevant to best interests assessment, including the person’s ‘past and present wishes and feelings’ and the ‘beliefs and values that would be likely to influence’ their decisions. Since 2013, the courts have gone further and, in some circumstances, seem to treat the patient’s wishes as the decisive factor. Now, a gap exists between what the statute says and its judicial interpretation. Doctors seeking guidance on how to weigh the patient’s own wishes when making a best interests decision will receive divergent advice from the legislation, guidance from the National Institute for Health and Care Excellence (NICE), and the law reports. This chapter suggests this discrepancy is unnecessarily confusing for health care professionals, patients and their families. If there is, or should be, a rebuttable presumption in favour of making the patient’s wishes decisive, the law would preferably state this clearly and unequivocally.
Much has been written about whether end-of-life law should change and what that law should be. However, the barriers and facilitators of such changes – law reform perspectives – have been virtually ignored. Why do so many attempts to change the law fail but others are successful? International Perspectives on End-of-Life Law Reform aims to address this question by drawing on ten case studies of end-of-life law reform from the United Kingdom, the United States, Canada, the Netherlands, Belgium and Australia. Written by leading end-of-life scholars, the book's chapters blend perspectives from law, medicine, bioethics and sociology to examine sustained reform efforts to permit assisted dying and change the law about withholding and withdrawing life-sustaining treatment. Findings from this book shed light not only on changing end-of-life law, but provide insight more generally into how and why law reform succeeds in complex and controversial social policy areas.
In this chapter we provide a brief overview of the size and distribution of overseas Sikh communities. This is followed by a review of early forms of mobilisation by Sikh overseas communities before 1984. We then examine the main organisations that led the campaign for Khalistan during the turbulent decades of the 1980s and 1990s, focusing on their strategy and tactics and broader engagement with the community. With the decline of militancy in the Punjab in the 1990s and 9/11, new organisations emerged to actively engage with the ‘politics of recognition’ in the host states. We examine in detail the US-based Sikh Coalition and the UK-based Sikh Federation as organisations that are redefining the politics of the diaspora. The chapter concludes with reflections on the changing role of the diaspora in defining Sikh nationalism. As a small, self-conscious diaspora, the Sikhs are always prone to a critical event like 1984, a periodic tsunami that regularly restructures its politics and social life. The Sikh diaspora has the potential to lead the emergence of a global panth. It is also, however, a weather vane that continues to reflect the turbulent winds from South Asia.
Chapter 3 elucidates the link between national structures and foreign aid delivery. To that end, the chapter traces how national aid organizations vary in their bureaucratic structures and practices and how this variation maps onto my binary donor typology of neoliberal and traditional public sector donors. By tracing the link between particular institutional environments and aid delivery decisions, the chapter shows how bureaucratic structures and practices influence priorities of aid officials and authorize, enable, and justify particular delivery tactics and donor–recipient interactions, while precluding others. That is, I lay out why and how institutions of different ideological orientation constrain donor officials differently, and how they influence aid officials' decision-making.
To report the one-year findings of the UK national registry of ENT surgeons with suspected or confirmed coronavirus disease 2019, and the results of a survey on the coronavirus disease 2019 experience of UK ENT trainees.
An online registry was created in April 2020. A separate survey was circulated electronically to all members of the Association of Otolaryngologists in Training.
The registry recorded 98 clinicians with confirmed or suspected coronavirus disease 2019. The majority of infections were reported in the first wave of spring 2020. Two ENT surgeons were hospitalised and one died. The majority suspected workplace exposure, with a significant proportion attributing this to a lack of personal protective equipment at a time before formal guidance had been introduced. Of the ENT trainees surveyed, almost one-third believed that they had contracted coronavirus disease 2019.
This highlights the importance of ongoing risk-reduction measures, including optimal personal protective equipment and vaccination.
This chapter considers the fourth and final form of backlash discussed in the book: doctrinal challenges. Using examples from the European Court of Human Rights, this chapter considers how and why doctrinal challenges, or challenges that dilute the ability of human rights and criminal courts to affect domestic policy change, constitute a form of backlash. The chapter begins with a case study of Russia and the European Court of Human Rights and goes on to provides examples from the United Kingdom and Denmark. As this chapter shows, backlash politics can come from both traditional foes as well as long-standing supporters.
This paper will examine the relationship between Samuel Wilberforce and John Henry Newman. The two priests had a common cause in their wish to see the Church of England rediscover its Catholic identity – which led them to work alongside one another at the beginning of the Oxford Movement – but quickly drifted apart because of their strong divergences on the nature of the Church and the place of Tradition, as well as Samuel Wilberforce’s strong hostility to Rome. The paper also examines the place of Samuel Wilberforce’s young brother in this relationship.
A value reinforcement hypothesis expects that governance structures reinforce the values of the representative governments they serve. If a political system embraces pluralism and collective rationality as process values, its governance structures will enhance those process beliefs. If a government faces strong electoral accountability, its governance structures will emphasize accountability values, making identifiable managers likely to face sanctions for their performance. Correlations such as these would be observed if the hypothesis has potential for guiding a positive research agenda. The value reinforcement hypothesis has both institutional and behavioral mechanisms behind it.