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Blasphemy Laws and their repeal

Summary of the impact

Professor David Nash defines blasphemy as the `attacking, wounding and damaging of religious beliefs'. His research into the history of blasphemy has been widely consulted and has highlighted the significant importance of the subject in the contemporary world. This has led to the re- examining of the law and arguments for repeal. He has been pro-actively involved in the debate about blasphemy repeal in England for some time prior to 2008 and also as an active consultant in the Irish Republic, advising NGO's and speaking on their behalf to members of Parliament, international bodies after this date. He also liaised with the United Nations Special Rapporteur on Freedom of Religion and was nominated to sit on the Irish Government's constitutional convention to consider the matter.

Submitting Institution

Oxford Brookes University

Unit of Assessment

History

Summary Impact Type

Cultural

Research Subject Area(s)

Law and Legal Studies: Law
History and Archaeology: Historical Studies

Enhancing understanding of Shariah family law in England and Wales

Summary of the impact

Research carried out by the University of Reading's Dr Samia Bano (Lecturer 2005-2013) explored the experiences of Muslim women who engage with the law, and particularly their engagement with Shariah law. This research had an impact on the decisions and understandings of government policymakers via a subsequent investigation and written report commissioned by and produced for the UK Ministry of Justice (MoJ). This project looked particularly at the realities of the use of Shariah Councils in England and Wales to handle family-related disputes, and provided hitherto unavailable insights into a relatively unknown area of practice, enabling policymakers and other stakeholders to engage with this issue in a more informed manner.

Submitting Institution

University of Reading

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law
Philosophy and Religious Studies: Religion and Religious Studies

Aboriginal Land Rights Case Study

Summary of the impact

Paul McHugh's academic research on the legal status and rights of tribal peoples in Australasia and North America has had a direct impact on legal decisions on tribal land rights; on the political management as well as settlement of land claims in those jurisdictions; and has influenced the evolving legal systems and political developments in these matters in New Zealand, Australia and Canada. His work has contributed significantly to a fundamental shift in the legal and constitutional foundations of government relations with the indigenous peoples and to the political and economic consequences of that shift.

Submitting Institution

University of Cambridge

Unit of Assessment

Architecture, Built Environment and Planning

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law
History and Archaeology: Historical Studies
Philosophy and Religious Studies: History and Philosophy of Specific Fields

Ensuring that the interests of the UK are considered when courts affect the law of a British Overseas Territory

Summary of the impact

Professor John Finnis has been engaged in a programme of research in legal and constitutional theory. His work on the legal and political responsibilities of UK ministers when acting to affect the law of a British Overseas Territory played a pivotal role in the decision of the House of Lords to reverse the Court of Appeal`s interpretation of the Colonial Laws Validity Act 1865 (CVLA). The Court of Appeal had held that UK ministers could not properly legislate in the interests of the UK as a whole (including its dependent territories), but only in the interests of the particular territory itself. Relying on Finnis`s arguments, the House of Lords changed that precept. Finnis`s work also persuaded members of the House of Lords to express doubts about a central holding of an earlier decision, which concerned the capacity in which ministers acted in legislating in dependent territories. Finnis`s arguments have been relied on in legal argument in later cases, and have been recognised and reaffirmed in subsequent Court of Appeal and Supreme Court judgments. In this way, they have helped to change fundamental constitutional principles affecting not only all citizens in the UK, but also those in its Overseas Territories around the world.

Submitting Institution

University of Oxford

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Studies In Human Society: Political Science
Law and Legal Studies: Law
Philosophy and Religious Studies: History and Philosophy of Specific Fields

Governance, Legal Reform and Access to Justice

Summary of the impact

Professor Faundez's research has set out how legal reform projects should be designed and implemented in order to be successful in the context of existing local conditions and to ensure access to justice for indigenous peoples and other vulnerable groups. His work as policy advisor both to development agencies (the World Bank, the UK's Department for International Development (DFID), and the Inter-American Development Bank) and to Non- Governmental Organisations (NGOs) (Amnesty International, the World Justice Project) has helped these organisations broaden their approach to the design, implementation and evaluation of legal reform projects. The range of his publications - from academic articles to specially commissioned reports - has ensured a fruitful dialogue with practitioners in the field of law and governance.

Submitting Institution

University of Warwick

Unit of Assessment

Law

Summary Impact Type

Political

Research Subject Area(s)

Law and Legal Studies: Law, Other Law and Legal Studies

Successful Introduction of a new non-statutory rule of disclosure for Trustee Exemption Clauses

Summary of the impact

In 2010 the Ministry of Justice formally accepted recommendations by the Law Commission to introduce a new non-statutory rule of disclosure for trustee exemption clauses in England and Wales. Newcastle research had a direct impact upon the development of the law on trustee exemption clauses. In 2002 Dunn successfully tendered to undertake research on trustee exemption clauses in England and Wales on behalf of the Law Commission. Dunn's research was published by the Law Commission as a separate and distinct chapter of its consultation paper on trustee exemption clauses. The research (alongside consultation responses) influenced the Law Commission's recommendation that a non-statutory rule of disclosure be introduced into the law of England and Wales. This recommendation was accepted by the Government in 2010 and has been implemented by the trust industry.

Submitting Institution

Newcastle University

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law
Philosophy and Religious Studies: History and Philosophy of Specific Fields

Case Study 4: Shaping the development of international environmental law

Summary of the impact

A research programme led by Boyle in Edinburgh (with Birnie (LSE) and Redgwell (UCL)) pioneered the discipline of international environmental law. That work, in turn, informed the infrastructure for international environmental law in practice. Through Boyle's work as legal counsel in several high-profile international cases (2010-11), his proposed subject-paradigm has been translated from theory to legal framework. Crucially, it has been endorsed and applied by both the International Law Commission and relevant international courts, including the International Court of Justice.

Submitting Institution

University of Edinburgh

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Studies In Human Society: Policy and Administration
Law and Legal Studies: Law

Criminal law, complicity and homicide

Summary of the impact

This research has made a sustained and continuing impact on the development and application of the substantive criminal law, including mens rea and general defences, and especially in the areas of complicity and homicide, in terms of

i) development of the law by the appellate courts;

ii) application of the law by practitioners; and

iii) government policy as to the reform of the law of murder and complicity.

Submitting Institution

University of Central Lancashire

Unit of Assessment

Law

Summary Impact Type

Legal

Research Subject Area(s)

Law and Legal Studies: Law, Other Law and Legal Studies

Legal Education: Strategies for Learning and Teaching

Summary of the impact

  1. New methodology for researching and teaching human rights law and empirical research used in biosecurity law
  2. Pioneering a human rights model of disability through an international project leading to development of strategies for monitoring law and training future legal practitioners in disability rights
  3. Developing a model for pro bono undergraduate research projects in the local community
  4. A student feedback guide and model adaptable across disciplines which has been referred to in law schools
  5. New visual teaching aids - accessed by the global law tutor and legal education market
  6. An innovative use of mobile phone voting technology.

Submitting Institution

University of Greenwich

Unit of Assessment

Law

Summary Impact Type

Societal

Research Subject Area(s)

Education: Curriculum and Pedagogy, Specialist Studies In Education

Harrop- Agricultural Heritage Systems

Summary of the impact

Professor Stuart Harrop's advice has informed and underpinned the UN Food and Agricultural Organisation (UNFAO) policy approach to `Globally Important Agricultural Heritage Systems' (GIAHS).

GIAHS are defined as `remarkable land use systems and landscapes which are rich in globally significant biological diversity evolving from the co-adaption of community with its environment and its needs and aspirations for sustainable development' see http://www.fao.org/giahs/giahs/en/. The UNFAO GIAHS project promotes and protects traditional agricultural systems to support food security/resilience strategies and preserve cultural and agro- and bio-diversity. Currently, there are GIAHS sites in Algeria, Brazil, Chile, China, India, Italy, Kenya, Japan, Madagascar, Morocco, Peru, Philippines, Tanzania, Tunisia, USA, Vanuatu (further details at http://www.fao.org/giahs/giahs-sites/en/).

UNFAO requested Harrop to provide advice on the international law and policy that might support GIAHS. That advice continues to underpin the approach to the UNFAO's most recent work and meetings concerning GIAHS. In particular, Harrop's work has informed the UNFAO's decision not to engage in drafting an additional international legal framework. Instead, the organisation is using the existing legal arrangements to protect these land-use systems and landscapes.

Submitting Institution

University of Kent

Unit of Assessment

Anthropology and Development Studies

Summary Impact Type

Environmental

Research Subject Area(s)

Studies In Human Society: Policy and Administration
Law and Legal Studies: Law

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