The Shifting Battleground of Article 4(2) TEU: Evolving National Identities and the corresponding need for EU management?

Article 4(2) TEU requires that the European Union (EU) respect the Member States’ national identities, creating a legal obligation enforceable before the CJEU and valuable in political negotiations. However, the concept of national identities is unclear, leaving open questions about the scope or parameters of the provision and its applicability. The CJEU appears likely to take a relatively flexible approach in light of Article 4(2) TEU’s relationship with national constitutional courts’ reserves. This flexible approach would enable Member States to rely upon a range of aspects as part of their national identity, including ones that were previously unidentified. This is a crucial feature if one considers that national identities may evolve gradually or even dramatically, including where Member States purposefully attempt to develop their national identities further. This possibility of an evolved national identity is exemplified by the French Charte de l’Environnement. It may thereby be possible for Member States to stretch the scope and application of Article 4(2) TEU through reference to these evolving national identities. This potential raises significant challenges for the EU regarding the management of Article 4(2) TEU, which it will need to address if it wishes to ensure harmonisation and uniformity in the relevant areas.

A Gendered Profession

A Gendered Profession, RIBA Publications, Oct 2016

For a profession that claims to be so concerned with the needs of society, the continuing gender imbalance in architectural education and practice is a difficult subject. Difficult, because it’s been stagnant for some thirty years. This book seeks to change that.
Beyond the profession, the emergence of fourth wave feminism has broken a twenty-year drought in the discourse[1]. A new generation of feminist critique is emerging, characterised by a broader civic commitment, one fuelled by the recognition that time and again, women and minorities have been the first casualties of neo-liberalism.
Whereas after World War II the architectural profession rallied around its obligation to fulfil a social need, today architecture has all but capitulated its absolute servitude to capitalism. Recognising that feminist thinking is a meaningful response to the inequalities of capitalism, A Gendered Profession will be a forum for a discussion about the failure of our profession – one that is so explicitly concerned with the design of inclusive environments – to resolve its own inequalities. Contributions have been sought and responses elicited from all corners of the discipline to propose strategies, attitudes and solutions to this crisis in representation.
At stake is more than just the lack of female representation. Male architects suffer from the same ingrained mechanisms of gender stereotyping, obliged to place professional commitments above those to their family and children. And while three quarters of lesbian, gay, bisexual and transsexual architects report being comfortable about being open about their sexuality in the workplace, that number drops to just sixteen per cent when on the building site.
A Gendered Profession will aim to perform a diagnostic check of the architecture profession from one end of the spectrum to the other. Whereas much has been written on feminism and architecture, the majority is produced exclusively by women. A Gendered Profession has worked hard towards gender parity in both its contributions and editorial structure and therefore does not limit its understanding of gender to an either/or analogue. The chapters featured in the book are written by artists, academics, practitioners and students.
Through its diverse authorship, this book will provide the first ever attempt to move the debate beyond the tradition of gender-partitioned diagnostic or merely critical discourse on the gender and wider inclusivity debate towards something more propositional, actionable and transformative.

Holding Shareholders to Account: British Banking Stability and Contingent Capital

This chapter seeks to explain the relative stability of the British banking system in terms of its capital structure. From 1826 joint-stock banking was allowed, but shareholder liability was jointly and severally unlimited. Limited liability banks were allowed from 1857–8, but these banks issued partly paid shares with an obligation on shareholders to subscribe for uncalled capital. Contingent capital meant that shareholders and managers would suffer losses in the event of failure and this discouraged risk shifting at the expense of note-holders and depositors. Although individual banks collapsed, the failure rate of banks (in terms of number or capital) did not reach a critical level—10 per cent—beyond which the payments system might have been threatened. This chapter argues that agency problems and systemic risk rose after the abolition of contingent share capital in 1958 and the deregulation of the banking sector in the 1970s.

Bearing Witness to the 'Pain of Others': Researching Power, Violence and Resistance in a Women's Prison

Addressing the dynamics of interpersonal violence, institutionalised abuses and prisoner isolation, this article consolidates critical analyses as challenges to the essentially liberal constructions and interpretations of prisoner agency and penal reformism. Grounded in long-term research with women in prison in the North of Ireland, it connects embedded, punitive responses that undermine women prisoners’ self-esteem and mental health to the brutalising manifestations of formal and informal punishments, including lockdowns and isolation. It argues that critical social research into penal policy and prison regimes has a moral duty, an ethical obligation and a political responsibility to investigate abuses of power, seek out the ‘view from below’. Challenging the revisionism implicit within the ‘healthy prison’ discourse, it argues for alternatives to prison as the foundation of decarceration and abolition.

Commemoration in the United Kingdom: A multitude of memories

In the United Kingdom (UK) the centenary commemoration of the First World War has been driven by a combination of central government direction (and funding) with a multitude of local and community initiatives, with a particular focus on 4 August 2014; 1 July 2016 (the beginning of the Battle of the Somme) and 11 November 2018. ‘National’ ceremonies on these dates have been and will be supplemented with projects commemorating micro-stories and government-funded opportunities for schoolchildren to visit Great War battlefields, the latter clearly aimed to reinforce a contemporary sense of civic and national obligation and service. This article explores the problematic nature of this approach, together with the issues raised by the multi-national nature of the UK state itself.

The planning and control of operations involving the use of lethal force

This is an analysis of the case law of the European Court of Human Rights on the obligation on States to plan and control the use of potentially lethal force by their police and military personnel. It illustrates the Court's attachment to the strict or careful scrutiny test and suggests how the Court might want to develop its jurisprudence in the future.