Ends and means: experts debate the democratic oversight of the UK’s intelligence services

Revelations from Edward Snowden about the scope of intelligence activities in the UK have led to renewed attempts to enhance democratic oversight of the UK’s security services. The heads of MI5, MI6 and GCHQ appeared before the Intelligence and Security Committee for the first time, while Lord Macdonald called for strengthened parliamentary accountability. In this post, we ask democracy and security experts to consider the need for further reform

Children in military custody

A report written by a delegation of British lawyers on the treatment of Palestinian children under Israeli military law

The Epicurean Parasite: Horace, Satires 1.1-3

We have learned a great deal in recent years about reading Horace\u27s satires; there is now widespread agreement that the speaker of the satires is himself a character within them, a persona. Such a persona may be most effective when it has obvious connections with its creator, but that fact does not preclude the exaggeration of reality, or even its complete inversion. For Horace the implications of this approach are exciting: instead of a poet discoursing with cheerful earnestness on morality, on poetry and on his daily life, we have a fictional character, whom we do not have to take seriously at all.The three diatribe satires present us with a character so absurd that they have been taken, I think rightly, as parodies. Although the poems were once appreciated as effective moralising sermons, even their admirers found it hard to justify the lack of intellectual coherence, to say nothing of the astonishing vulgarity of the second satire. As parodies, however, the poems are wonderfully successful. The speaker trots out a series of banalities: ‘people should be content with who they are’; ‘people should not go to extremes’; ‘people should be consistent’. But he invariably gets distracted, goes off on tangential rants, and makes a fool of himself. The moralist of the first three satires is, to put it bluntly, a jerk

Cortical mechanisms for tinnitus in humans /

PhD ThesisThis work sought to characterise neurochemical and neurophysiological processes underlying tinnitus in humans. The first study involved invasive brain recordings from a neurosurgical patient, along with experimental manipulation of his tinnitus, to map the cortical system underlying his tinnitus. Widespread tinnitus-linked changes in low- and high-frequency oscillations were observed, along with inter-regional and cross-frequency patterns of communication. The second and third studies compared tinnitus patients to controls matched for age, sex and hearing loss, measuring auditory cortex spontaneous oscillations (with magnetoencephalography) and neurochemical concentrations (with magnetic resonance spectroscopy) respectively. Unlike in previous studies not controlled for hearing loss, there were no group differences in oscillatory activity attributable to tinnitus. However, there was a significant correlation between gamma oscillations (>30Hz) and hearing loss in the tinnitus group, and between delta oscillations (1-4Hz) and perceived tinnitus loudness. In the neurochemical study, tinnitus patients had significantly reduced GABA concentrations compared to matched controls, and within this group there was a positive correlation between choline concentration (potentially linked to acetylcholine and/or neuronal plasticity) and both hearing loss, and subjective tinnitus intensity and distress. In light of present and previous findings, tinnitus may be best explained by a predictive coding model of perception, which was tested in the final experiment. This directly controlled the three main quantities comprising predictive coding models, and found that delta/theta/alpha oscillations (1-12Hz) encoded the precision of predictions, beta oscillations (12-30Hz) encoded changes to predictions, and gamma oscillations represented surprise (unexpectedness of stimuli based on predictions). The work concludes with a predictive coding model of tinnitus that builds upon the present findings and settles unresolved paradoxes in the literature. In this, precursor processes (in varying combinations) synergise to increase the precision associated with spontaneous activity in the auditory pathway to the point where it overrides higher predictions of ‘silence’.Medical Research Council Wellcome Trust and the National Institutes of Healt

A Bill of Rights for the United Kingdom: From London to Strasbourg by the Northwest Passage?

In anticipation of the United Kingdom\u27s patriation of the European Convention on Human Rights, the author explores the possible impact that a Bill of Rights will have on the U.K. system of justice from a European and U.K. perspective. The author argues that, from a European perspective, the U.K. has an established history of yielding to supra-national law given its membership in the European Union. However, from a U.K. perspective, this will present new challenges, as the constitutionality of domestic legislation is subject to increased judicial scrutiny in ensuring conformance with European Convention obligations. The author argues that the pressures on Parliament to remedy domestic legislation as a result of decisions made by foreign judges on the European Court of Human Rights will be a particularly challenging adjustment. He concludes that, while there are lessons to be learned from other countries with bills of rights, the traditional reluctance among U.K. judges to override the will of Parliament will render the impact of such a document unpredictable

A Bill of Rights for the United Kingdom: From London to Strasbourg by the Northwest Passage?

In anticipation of the United Kingdom\u27s patriation of the European Convention on Human Rights, the author explores the possible impact that a Bill of Rights will have on the U.K. system of justice from a European and U.K. perspective. The author argues that, from a European perspective, the U.K. has an established history of yielding to supra-national law given its membership in the European Union. However, from a U.K. perspective, this will present new challenges, as the constitutionality of domestic legislation is subject to increased judicial scrutiny in ensuring conformance with European Convention obligations. The author argues that the pressures on Parliament to remedy domestic legislation as a result of decisions made by foreign judges on the European Court of Human Rights will be a particularly challenging adjustment. He concludes that, while there are lessons to be learned from other countries with bills of rights, the traditional reluctance among U.K. judges to override the will of Parliament will render the impact of such a document unpredictable

Constitutions and Bills of Rights:Invigorating or Placating Democracy?

Champions of constitutions and bills of rights regularly portray them as possessing significant, sometimes mysterious, powers. One characterisation is that newly implemented constitutions may invigorate a democracy, particularly at the ballot box. This paper challenges that notion by scrutinising a relatively unexplored area of constitutional performance: voter turnout. In particular, it examines a number of jurisdictions that have recently implemented constitutions and bill of rights, finding that in many of them, voter turnout decreased after passage, sometimes significantly. As the argument for a codified British constitution endures, the findings of this paper provide provisional evidence that those advocating for such a device should be wary of touting its potentially invigorating democratic effects. Ultimately, however, the paper calls for more research into the area of constitutions and democratic performance, such as voter turnout

Judicial Review, Irrationality, and the Legitimacy of Merits-Review

The definition of the irrationality ground of judicial review recognises the constitutional principle of the separation of powers, in allowing for judicial control of the executive only very rarely. The author in a previous article in this study found that the courts, on occasions, had intervened in circumstances where administrative decisions arguably were not irrational. To this end, the purpose of this article is to assess the constitutionality of these seemingly low standards of irrationality. The author does so by reference either to the manner of review employed—the use of the proportionality principle, for example—or the context of the administrative decision under scrutiny, such as the infringement of the applicant’s fundamental rights. The author finds that the cases from the previous article where low standards of irrationality were arguably adopted were, in fact, legitimate according to these chosen methods of evaluation. However, this is an interim conclusion because, for reasons of word length, the author is unable to complete a full assessment here. It is therefore proposed that a subsequent article will continue to examine the constitutionality of these cases. Furthermore, the author will also try and establish a zone of executive decision-making, for reasons of democracy, where the courts are excluded from irrationality review. If the author is unsuccessful in this regard, the final conclusion of this study will inevitably be that low standards of judicial intervention exist without limit—a clear assault on the constitutional principle stated above