Articles for author: Christopher McCrudden

The post-Brexit Breakdown of the Rule of Law in the UK

The sad reality is that Brexit has contributed to an emerging breakdown of the Rule of Law in the United Kingdom. The famous slogan: ‘Take Back Control’ left open what a post-Brexit society should become. As a result, of course, what Brexit meant had to be worked out after the referendum, and here is where the tensions with the Rule of Law began in earnest, because ‘taking back control’ became, in effect, the only principle and anything that stood in the way of achieving that result was to be sacrificed, including the Rule of Law.

15. November 2022

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An Early Deal-Breaker? EU Citizens’ Rights in the UK after Brexit, and the Future Role of the European Court of Justice

The UK has finally made an offer to allow some EU citizens to retain some rights in the UK after Brexit. There are two sets of issues that arise: the substantive rights that will need to be agreed to, and the enforcement of these rights. The UK government confirmed that the arrangements on offer will be enshrined and enforceable in UK law, that commitments in the Withdrawal Agreement will have the status of international law, but that the CJEU will have no jurisdiction in the United Kingdom. Despite this, there remains much uncertainty.

28. Juni 2017

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Nudging and human dignity

Cass Sunstein’s "Why Nudge?" presents a proposal for nudging as an alternative to traditional regulatory mandates and economic incentive-based regulation. I shall suggest that nudging creates considerable tensions with thick conceptions of human dignity.

6. Januar 2015

A Comment on the Use of Foreign Professors in the German Council of Science and Humanities Report

The main issue I wish to focus on in this Comment relates to the German Council of Science and Humanities’ recommendation that German law schools should aim to encourage more involvement of foreign professors in teaching at German law schools, as part of a sustained attempt to stimulate more engagement with comparative, international and transnational legal developments. Since I have seen attempts at first hand to do something similar in Michigan and Oxford (and more distantly at New York University), I thought it might be helpful to intervene on this aspect of the Report’s recommendations. As background to the points I make ... continue reading

20. Februar 2014

Koffer auspacken 2013: Christopher McCrudden

Hans Joas’ book on the genealogy of human rights, Irish detective stories, a certain American classic, and a book on labor law in the context of changing social and political environments – Christopher McCrudden did quite a bit of reading over the summer, enjoying the privilege of delving into some non-legal literature for a change.

7. Oktober 2013