Dr Martin Brenncke

Lecturer in Law Aston University

  • Birmingham

Dr Brenncke's research focuses on financial regulation (particularly investor protection law) and statutory interpretation.

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Biography

Dr Martin Brenncke is a Senior Lecturer at Aston Law School. His research focuses on financial regulation (particularly investor protection law) and statutory interpretation. He previously taught at the University of Oxford, the University of Zurich (Switzerland) and the University of Halle (Germany). He held visiting research positions at the Institute of Advanced Legal Studies (London), the British Institute of International and Comparative Law (London), the University of Cambridge, the Max Planck Institute for Comparative and International Private Law (Hamburg) and iCourts at the University of Copenhagen (Denmark).

Martin's most recent book “Judicial law-making in English and German courts” (2018) is “a valuable study of how two jurisdictions approach the task of statutory interpretation in a complex and multivalent constitutional environment. It is the product of considerable scholarship across the two jurisdictions and a fine sensitivity to the various factors and different theoretical dimensions which inform the interpretative exercise. The exposition is clear. The argument is forceful. As with all the best works of comparative law, one reads this book and learns as much about one’s own legal system as about the system with which it is compared.” – from the Foreword by Philip Sales (Justice of the Supreme Court, United Kingdom). Martin's doctoral thesis “The regulation and supervision of advertising in financial market law” (2013, in German) received prestigious awards in Switzerland and Germany.

Areas of Expertise

Statutory Interpretation
Financial Services Law
European Union Law

Accomplishments

Engaging Teaching Commendation

2018

Aston Students’ Union Academic Awards

Deutsches Aktieninstitut

2014

Finanzkompass

2013

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Education

Universität Rostock

First State Examination

Law

2006

University of Cambridge

LLM

Law

2010

University of Zurich

PhD

Law

2013

Affiliations

  • Society of Legal Scholars : Member
  • Statute Law Society : Member
  • British Association of Comparative Law : Representative for Aston Law School

Articles

Statutory Interpretation and the Role of the Courts after Brexit

European Public Law

This article evaluates the impact of the European Union (Withdrawal) Act 2018 (EUWA) on statutory interpretation and on the role of the courts in the United Kingdom. The Act’s new interpretative obligations create a myriad of issues that will occupy litigants and courts in the future. I explain how the complexities of the Act should be disentangled and how courts should exercise their policy choices under the terms of the Act.

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Hybrid Methodology for the EU Principle of Consistent Interpretation

Statute Law Review

This article examines the legal methodology that courts have to employ when they construe domestic law in accordance with European Union directives. It demonstrates that the Court of Justice of the European Union (CJEU) has set up autonomous ‘European methodological rules’. These rules apply together with national legal methods.

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