Plan B Earth v Secretary of State for Transport: Airport Expansion, the Paris Agreement and the Planning Act 2008

2020 ◽  
Vol 32 (3) ◽  
pp. 559-575
Author(s):  
Sonam Gordhan
Keyword(s):  
National Policy ◽  
Paris Agreement ◽  
Planning System ◽  
Policy Statement ◽  
Secretary Of State ◽  
Plan B ◽  
The Uk ◽  
The Relationship ◽  
Court Of Appeal

Abstract This case analysis considers the Court of Appeal’s decision in R (Plan B Earth and ors) v Secretary of State for Transport [2020] EWCA Civ 214, which followed the High Court challenge to the Secretary of State’s designation of the UK Airports National Policy Statement. The Court of Appeal found that the Secretary of State’s failure to take into account the UK’s commitment to the Paris Agreement when carrying out his duties under the Planning Act 2008 was unlawful. While permission to appeal this decision has been granted, it remains a notable judgment. The Plan B Earth case confirms the interaction between the UK’s climate change commitments and the statutory framework of the UK’s planning system. It also highlights the complexity of the Court’s institutional role in the context of environmental problems. Analysing the implications of this decision through a policymaking lens risks overlooking the role of public law principles that shaped the Court’s reasoning, defining the relationship between the Paris Agreement and the Planning Act.

scholarly journals Climate change and nationally significant infrastructure projects: R (on the application of Plan B Earth) v Secretary of State for Transport

2020 ◽  
Vol 22 (2) ◽  
pp. 125-132
Author(s):  
Edward Mitchell
Keyword(s):  
Climate Change ◽  
Supreme Court ◽  
National Policy ◽  
Paris Agreement ◽  
Policy Statement ◽  
Infrastructure Projects ◽  
Secretary Of State ◽  
The Supreme Court ◽  
Plan B ◽  
Court Of Appeal

In R ( on the application of Plan B Earth) v Secretary of State for Transport [2020] EWCA Civ 214, [2020] 2 WLUK 372, the Court of Appeal held that the Secretary of State had acted unlawfully by failing to take into account the UK’s commitments in the 2015 Paris Agreement when he decided to designate a policy formulated to enable the construction of a third runway at Heathrow airport as a ‘national policy statement’ under the Planning Act 2008. An appeal to the Supreme Court is pending. The outcome of that appeal should help to clarify the legal significance of the Paris Agreement and will have significant implications both for expansion at Heathrow airport, for other major infrastructure projects and for other planning and environmental litigation.

R (Plan B Earth) v. Secretary of State for Transport

2021 ◽  
Vol 193 ◽  
pp. 535-636
Keyword(s):  
Climate Change ◽  
International Law ◽  
National Policy ◽  
Paris Agreement ◽  
Policy Statement ◽  
Content Type ◽  
Secretary Of State ◽  
Municipal Law ◽  
Relationship Of ◽  
Domestic Law

535Relationship of international law and municipal law — Treaties — Treaty not incorporated into municipal law — Whether minister required to take treaty into account — Paris Agreement on Climate Change, 2015 — Decision to designate third runway at Heathrow Airport — Airports National Policy Statement — Planning Act 2008 — Directive 2001/42/EC — Paris Agreement not taken into account — Whether Secretary of State obliged to take Paris Agreement into account — Whether taking Paris Agreement into account would give effect to unincorporated international agreement in domestic lawEnvironment — Treaties — Climate change — Greenhouse gases — Paris Agreement, 2015 — Whether failure to take Paris Agreement into account vitiating decision to designate third runway — Whether Directive 2001/42/EC requiring unincorporated international agreements to be taken into account — The law of England

TIME SERIES MODELLING OF EPIDEMICS: LEADING INDICATORS, CONTROL GROUPS AND POLICY ASSESSMENT

2021 ◽  
Vol 257 ◽  
pp. 83-100
Author(s):  
Andrew Harvey
Keyword(s):  
Time Series ◽  
Data Science ◽  
Leading Indicators ◽  
Control Groups ◽  
Balanced Growth ◽  
Time Series Modelling ◽  
Key Variables ◽  
The Uk ◽  
The Relationship

This article shows how new time series models can be used to track the progress of an epidemic, forecast key variables and evaluate the effects of policies. The univariate framework of Harvey and Kattuman (2020, Harvard Data Science Review, Special Issue 1—COVID-19, https://hdsr.mitpress.mit.edu/pub/ozgjx0yn) is extended to model the relationship between two or more series and the role of common trends is discussed. Data on daily deaths from COVID-19 in Italy and the UK provides an example of leading indicators when there is a balanced growth. When growth is not balanced, the model can be extended by including a non-stationary component in one of the series. The viability of this model is investigated by examining the relationship between new cases and deaths in the Florida second wave of summer 2020. The balanced growth framework is then used as the basis for policy evaluation by showing how some variables can serve as control groups for a target variable. This approach is used to investigate the consequences of Sweden’s soft lockdown coronavirus policy in the spring of 2020.

The constitutional influence of the Judicial Committee of the Privy Council on the UK apex court: institutional proximity and jurisprudential divergence?

2020 ◽  
Vol 71 (2) ◽  
pp. 285-302
Author(s):  
Roger Masterman
Keyword(s):  
Supreme Court ◽  
Ad Hoc ◽  
Court Decisions ◽  
Privy Council ◽  
House Of Lords ◽  
Uk Supreme Court ◽  
Proportionality Test ◽  
The Uk ◽  
The Relationship

It is often claimed that the constitutional role of the UK’s apex court is enriched as a result of the experiences of the Judicial Committee of the Privy Council as interpreter of constitutions within its overseas jurisdiction. This paper considers the relationship between the House of Lords/UK Supreme Court and the Judicial Committee and its effect on the importation of external influences into the UK’s legal system(s), further seeking to assess how far the jurisprudence of the Judicial Committee has influenced constitutional decision-making in the UK apex court. While ad hoc citation of Privy Council authorities in House of Lords/Supreme Court decisions is relatively commonplace, a post-1998 enthusiasm for reliance on Judicial Committee authority – relating to (i) a ‘generous and purposive’ approach to constitutional interpretation and (ii) supporting the developing domestic test for proportionality – quickly faded. Both areas are illustrative of a diminishing reliance on Judicial Committee authority, but reveal divergent approaches to constitutional borrowing as the UK apex court has incrementally mapped the contours of an autochthonous constitutionalism while simultaneously recognising the trans-jurisdictional qualities of the proportionality test.

The special measures school and the ‘c’ word: A case study of the role of conformity, compliance chimera, and the power of community and context in a special measures secondary school in northern England

2017 ◽  
Vol 9 (2) ◽  
pp. 101-113
Author(s):  
Diann Hanson
Keyword(s):  
Secondary School ◽  
Children's Services ◽  
Economic Context ◽  
Economically Deprived ◽  
Children’S Services ◽  
The Uk ◽  
The Relationship ◽  
Methods Of Reconstruction

This article explores the relationship between capital and education through the experiences of a British secondary school following a grading by the Office for Standards in Education, Children’s Services and Skills that placed the school into special measures, considering the underlying assumptions and inequalities highlighted and obfuscated by the special measures label. The formulaic and ritualistic manner in which operational and ideological methods of reconstruction were presented as the logical (and only) pathway towards improvement is examined in an effort to disentangle the purpose of the ‘means-to-an-end’ approach within prevailing hegemonic structures, requiring a revisit to contemporary positioning of Gramscian concepts of ideology through the work of Gandin. The decontextualisation of schools from their socio-economic environments is probed in order to expose the paradoxes and fluidity of resistant discourse. The ambiguities between a Catholic ethos, neo-liberal restructuring and the socio-economic context of the school and the greater demands to acquiesce to externally prescribed notions of normativity are considered as a process that conversely created apertures, newly formed sublayers and corrugations where transformation could take root. Unforeseen epiphanies and structures of dissent are identified and will enrich the narrative of existence and survival in a special measures school in an economically deprived northern town in the UK.

Disablism, Planning, and the Built Environment

1993 ◽  
Vol 11 (2) ◽  
pp. 213-231 ◽  
Author(s):  
R F Imrie ◽  
P E Wells
Keyword(s):  
Land Use ◽  
Built Environment ◽  
Land Use Planning ◽  
Local Authority ◽  
Planning System ◽  
Political Agenda ◽  
The Political ◽  
Disabled People ◽  
The Uk

In the last decade access for disabled people to public buildings has become an important part of the political agenda. Yet, one of the main forms of discrimination which still persists against disabled people is an inaccessible built environment. In particular, statutory authorities have been slow to acknowledge the mobility and access needs of disabled people, and the legislative base to back up local authority policies remains largely ineffectual and weak. In this paper, the interrelationships between disability and the built environment are considered by focusing on the role of the UK land-use planning system in securing access provision for disabled people.

Mapping the contours of fairness

2014 ◽  
Vol 1 (2) ◽  
pp. 191-204 ◽  
Author(s):  
Lilian Otaye ◽  
Wilson Wong
Keyword(s):  
Job Satisfaction ◽  
Factor Analysis ◽  
Regression Analysis ◽  
Turnover Intention ◽  
Content Type ◽  
Mediating Role ◽  
The Uk ◽  
The Relationship

Purpose – The purpose of this paper is to explore the contours of fairness by showing how different facets of fairness impact three important employee outcomes (job satisfaction, turnover intention and employer advocacy) and examining the mediating role of quality of management and leadership (through perceptions of both senior management and the quality of exchange with immediate supervisors) in attenuating negative impacts of unfairness on these outcomes. The study extends the concept of fairness beyond the traditional focus on organizational justice and models the mediating role of leadership on the relationship between (un)fairness and the three employee-level outcomes in a sample of employees representative of the UK workforce. Design/methodology/approach – Data were obtained from a nationally representative sample of 2,067 employees in the UK. Exploratory factor analysis and then confirmatory factor analysis is used to refine three unfairness factors and address their dimensionality of the unfairness scale and then multiple regression analysis is used to test a fairness-leadership-employee performance outcome model. Findings – Results of multiple regression analysis revealed that both trust in leadership and leader-member exchange partially mediate the relationship between organizational (un)fairness and job satisfaction, advocacy and turnover intention, respectively. Practical implications – The findings highlight the important role that leaders play in influencing the relationship between perception of unfairness and employee outcomes. This has implications for both theory and practice as it suggests that the pattern of inclusion that leaders create through the relationships that they develop with their followers has a significant impact on the relationship between unfairness and the work outcomes. They not only must manage traditional perceptions of justice, but also the assessments employees make about trust in management judgements and the perceived consequences of such judgements. Originality/value – In an environment where perceptions of unfairness are becoming both more endemic but also more complex, the study shows that both senior leaders and immediate supervisors have important agency in managing negative consequences. Through the measurement of satisfaction, turnover intention and employer advocacy it also provides potential links to link fairness into the engagement literature.

The gypsy’s lot: myth and reality

2017 ◽  
Author(s):  
Robert Jago
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Lived Experiences ◽  
European Court ◽  
The Law ◽  
The Uk ◽  
The Relationship

This chapter focuses on the lived experiences of gypsies (collectively referred to as gypsies rather than Roma or travellers). The author argues that the relationship between the legal system and the specific lifestyle of this group is itself causing many tensions which cannot be separated from the long-held myths about gypsies. Jago shows how the standing of gypsies in the UK legal system has, in turn, become the object of various myths. He demonstrates how judgements by the European Court of Human Rights in favour of gypsy claims created in many an image of the law being always on the side of the gypsy. A perception which Jago demonstrates is far from true. After addressing the nature and role of myths in general the author illustrates the tension between positive, romanticised myths about the freedom of gypsy lifestyle and three derogatory myths, namely gypsies as "child-snatchers", as thieves and as "land grabbers". Jago illustrates that these myths are linked to deep-rooted beliefs around property and its ownership.

6. Company Management and Governance

2020 ◽  
pp. 100-120
Author(s):  
Imogen Moore
Keyword(s):  
Corporate Governance ◽  
Institutional Investors ◽  
Executive Directors ◽  
Corporate Governance Code ◽  
Executive Remuneration ◽  
Questions And Answers ◽  
The Uk ◽  
And Control ◽  
The Relationship

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter explores important issues in company management and corporate governance, starting by examining the role of directors and shareholders (and the relationship between them) and the separation of ‘ownership and control’. Since the early 1990s, the governance of listed companies has been dominated by self-regulatory codes (currently the UK Corporate Governance Code). This chapter examines how these codes operate and considers key themes in corporate governance, including the role of non-executive directors and auditors; the position of institutional investors; and executive remuneration.

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