Dr John McGarry
Senior Lecturer | Leeds Beckett
Leeds, UNITED KINGDOM
John McGarry's research interests include all aspects of public law and legal theory and he has published extensively in these areas.
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Biography
Dr John McGarry is a Senior Lecturer in Law at Leeds Law School. He has previously taught law at Staffordshire University, the University of Bolton, Edge Hill University, the University of Central Lancashire and the Institute of Higher Education at Blackburn College.
John's research interests include all aspects of public law and legal theory and he has published extensively in these areas. He is the author of numerous academic papers, one monograph, two textbooks and the co-editor of four volumes of collected papers. He has been cited by both the UK Parliament and the EU Parliament. He has also given papers nationally and internationally.
John has experience of teaching and supervising students at various levels including foundation level, undergraduate, masters level and PhD.
He is a member of the Society of Legal Scholars and the Socio-Legal Studies Association and is a Fellow of the Higher Education Academy.
Industry Expertise (3)
Public Policy
Education/Learning
Legal Services
Areas of Expertise (5)
Legal Theory
Law
Government Policies
Justice
Public Law
Affiliations (3)
- Society of Legal Scholars : Member
- Socio-Legal Studies Association : Member
- Higher Education Academy : Fellow
Links (2)
Languages (1)
- English
Event Appearances (15)
Ouster clauses and tension in the rule of law
Centre for Crime, Justice and Security Annual Conference Staffordshire University
Constitutional Statutes – 20 Years On
Constitutional Statutes - 20 Years On,
2022-09-16
Police, Fire and Crime Commissioners and Police Accountability
Society of Legal Scholars Annual Conference King's College London
The Attorney General and Contempt of Court - A Gentle Polemic
Centre for Crime, Justice and Security Public Seminar Series Staffordshire University
Informing Policy and Practice
Centre for Crime, Justice and Security Annual Conference Staffordshire University
The Attorney General and Contempt of Court – Some political and constitutional questions.
Society of Legal Scholars Annual Conference University of Central Lancashire
The Hermeneutical Academic: Philosophical Hermeneutics as a Model for Academic Behaviour
TIRI Annual Conference University of Bolton
The Attorney-General, Contempt of Court and Political Bias
Socio-legal Studies Association Annual Conference Newcastle University
Genuineness as an Element of Sufficient Interest
Socio-legal Scholars Association Lancaster University
A Reappraisal of Kelsen’s Rejection of the Natural-Law Doctrine
Hans Kelsen and the Natural Law Tradition: An International, Interdisciplinary Workshop Edge Hill University
Kelsen, Weber and the Free Law Movement
Hans Kelsen and Max Weber: Convergences and Divergences in Conceptions of the Juridico-Political Edge Hill University
President or Constitutional Court? The Divergences of Weber and Kelsen
Hans Kelsen and Max Weber: Convergences and Divergences in Conceptions of the Juridico-Political Edge Hill University
Computer Says No: Technology and Police Stops
Police Governance and Accountability: Challenges and Outlook University of Limerick
An Analysis of the Ultra Vires Doctrine using Immanent Critique
- University of Central Lancashire
It’s Government v Judges in Asylum Cases
Safe Sanctuary? Conference on Asylum and Refugee Issues Edge Hill University
Articles (13)
The Attorney General and contempt of court – some political and constitutional concerns
Legal Studies2023 The Attorney General for England and Wales is the Government's Senior Law Officer who, inter alia, initiates certain kinds of legal proceedings. She is also a politician: a member of the House of Commons or the House of Lords and appointed to Government by the Prime Minister.
Constitutional Statutes—Roots and Recognition
Statute Law Review2020 Sir John Laws, the originator of the principle of constitutional statutes, suggests that the protection accorded to them has its roots in the protection from implied repeal given to the European Communities Act 1972 and to constitutional fundamentals. We argue that this suggestion is more convincing with regard to the latter than it is with the former.
Carltona – A Matter of Intention
Judicial Review... there is a presumption in favour of the Carltona principle. I consider these matters below.
Intention, supremacy and judicial review
Theory and Practice of Legislation2015
The Importance of an Expansive Test of Standing
Judicial ReviewIn September 2013 the Government published the consultation document Judicial Review: Proposals for Further Reform. 1 Among other things, this suggests that the current test of standing in judicial review should be tightened. This would reduce the number of people permitted to bring judicial review claims.
The Possibility and Value of Coherence
Liverpool Law Review2013 It would seem axiomatic that the law should be coherent in the sense that it should be consistent and correspond to an underlying justificatory rationale. Indeed, coherence would appear to be a good, in and of itself, and give rise to other benefits which are desirable in a legal system.
The principle of parliamentary sovereignty
Legal Studies2012 In this paper, I use Dworkin's distinction between rules and principles to analyse the doctrine of parliamentary sovereignty. I argue that, inherent in many conceptions of the doctrine, is an assumption that it operates in the conclusive manner of a Dworkinian rule. I then submit that the doctrine actually functions in the flexible way characteristic of a Dworkinian principle. In support of this contention, I argue that Acts of Parliament may be balanced against competing principles or statutes; that they possess the dimension of weight or importance; and that the degree to which they will be adhered in any particular case will be contingent upon the importance attributed to any competing principle or statute. I finish the paper with an evaluation of my arguments and an attempt to anticipate potential counter-arguments.
Named, Shamed, and Defamed by the Police
Policing2011 Since 2005, police in the United Kingdom have had the power to seize vehicles where they reasonably believe they are being driven without motor insurance or driving licence. Forces across the UK have made extensive use of this provision. In this article, I examine the way in which Merseyside Police have operated this power of seizure.
Computer says no: technology and accountability in policing traffic stops
Crime, Law and Social Change2011 The Road Traffic Act 1988 gives police in the United Kingdom the power to seize motor vehicles which they have reasonable grounds for believing are being driven without a valid driver’s licence or motor insurance. Drivers may then have to pay a fee to have their vehicles returned. When exercising this power of seizure, the police may rely on information contained on the Police National Computer (PNC) which is linked to the National Insurance Database (NID).
Location, Location, Location: The Whereabouts Rule and the Right to Privacy
Cambrian Law Review2009
"Functions of a public nature" under the Human Rights Act 1998: the decision of the House of Lords in YL v Birmingham City Council
Web Journal of Current Legal Issues2007 In YL v Birmingham City Council [2007] UKHL 27, the House of Lords decided that a private body providing publicly funded residential care is not engaged in “functions of a public nature” under the Human Rights Act 1998 (HRA), s 6(3)(b). The significance of this issue is that it determines whether those providing such care must conform with the Convention rights under the Act. It is a matter that has been the subject of some controversy in recent years.
Parliamentary Sovereignty, Judges and the Asylum and Immigration (Treatment of Claimants etc.) Bill.
Liverpool Law Review2005 It is an aspect of the traditional view of Parliamentary sovereignty that the courts will not rule as invalid an Act of Parliament, or any part of an Act, which has been passed in the correct fashion. This view has been questioned by some, including some senior judges. They argue that certain limits on the legislative competence of Parliament are necessary to protect those fundamental values that are essential in a democracy.
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