School of Law

Books

• Cram IG (2010) Law of Contempt LexisNexis Butterworths

• Cram IG (2009) Terror and the War on Dissent Springer

• Cram IG (2006) Contested Words: Legal restrictions on freedom of speech in liberal democracies pp. ix,233p Ashgate

• Cram IG (2002) A Virtue Less Cloistered: Speech, Courts and Constitutions pp. xxxvi,226p Hart Publishing

Chapters

• Cram I (2010) "Reconciling fair trial interests and the informed scrutiny of public power - An analysis of the United Kingdom's contempt of court laws" In: Resta G (eds.) Il rapporto tra giusticia e mass media pp. 63 - 90 Editoriale Scientifica

• Cram (2009) 'The Danish Cartoons, Offensive Expression and Democratic Legitimacy' in (eds I Hare & J Weinstein) Extreme Speech and Democracy (2009, OUP Oxford) 311-330 In: Hare; Weinstein (eds.) Extreme Speech and Democracy pp. 311 - 330 OUP

• Cram IG (2005) Hate Speech and Disabled Persons; Some comparative constitutional thoughts In: Gooding; Lawson (eds.) Disability Rights in Europe pp. 65 - 84 Hart

• Cram IG (2003) The Vital Freedom: The Treatment of Freedom of Expression Interests in the European Court of Human Rights and the Tribunal Consticional In: Dykinson SA (eds.) The Spanish Constitution in the European Constituional Context pp. 1603 - 1628 The Spanish Constitution in the European Constituional Context

• Cram IG (2003) JUDICIAL INTERVENTION IN DEMOCRATIC POLICY-MAKING - THE CASE OF FREE SPEECH In: al ACe (eds.) El Impacto de la Carta Canadiense de Derechos y Libertades (1982-2002) Perspectivas Europeas. pp. 223 - 236 Kadmos, Salamanca

  Judicial intervention in the policy choices of elected, democratically accountable decision-makers in liberal democracies is problematic. It gives rise to what Christopher Manfredi has called the 'paradox of liberal constitutionalism' in which unelected judges restrict the freedom of popularly elected majorities to make policy decisions. In the case of Canada, some commentators have gone so far to say that the Charter of Rights and Freedoms has contributed to a diminishment of democratic dialogue, supplanting it with 'rights' talk. Ordinary Canadians are, on this view, less involved in political processes as increasingly major constitutional questions are settled in the Courts. In this chapter, I look at the record of the Court in free speech disputes under s.2(b) of the Charter to gauge the frequency of, and justifications for, judicial intervention in legislative policy making. A particular focus is offered by the recent Supreme Court decision in Sharpe concerning a challenge to the offence of possessing child pornography laid down in the Criminal Code. Sharpe required the Court to address a number of highly important constitutional issues including the extent of Charter protection for low value expression; the appropriate degree of deference that the Court ought to show towards both the legislature's evaluation of empirical evidence linking possession of child pornography with harm to children and its subsequent line drawing between protected expression and the prevention of harm to children. I suggest that the Court has not always shown a properly contextualized approach to review in freedom of expression cases. In particular, Sharpe and earlier cases manifest a reluctance on the part of the Court to relegate non-political forms of speech to a position of lesser importance in the hierarchy of speech types or to countenance its corollary of less intense judicial scrutiny. An arguably more sophisticated approach to constitutional adjudication would attach greater significance in a democracy of leaving more obviously representative institutions such as the federal Parliament and provincial legislatures a margin of discretion to reach policy decisions in areas of complex social regulation (including areas of the criminal law). In this approach, the particular context of speech claims would be given close consideration. Thus, viewed against the central rationales for Charter protection for expression, the peripheral nature of certain speech forms (obscene speech, commercial advertising) and the fact that they undermine other, core Charter values point towards a variable standard of judicial review.

• Cram IG (2000) Young Persons, Criminal proceedings and open justice - a comparative perspective In: Firth Be (eds.) The Yearbook of Copyright and Media Law 5 pp. 141 - 165 OUP Oxford

• Cram IG (1998) Media ethics In: Kieran M (eds.) Media ethics pp. 97 - 110 Psychology Press

  8 Beyond Calcutt The legal and extra-legal ... announced the setting up of an ' Inquiry into Privacy and Related Matters', to be chaired by David Calcutt QC. ...

• Cram IG (1997) Minors' Privacy and Freedom of Expression In: Barendt E (eds.) The Yearbook of Media and Entertainment Law 3 pp. 31 - 52 Oxford University Press

Conferences

• Cram IG (2006) "Satire, cartoons and offensive expression" Conflicts in Fundamental Rights, Human Rights Centre, University of Ghent

  This paper takes as its focus the clash between protection for freedom of expression and the avoidance of offence to persons with religious beliefs. I question whether the ECtHr deference to national authorities' restrictions on offensive expression is really justified, particulalrly in the light of cartoons depicting the prophet Muhammed.

• Cram IG (2005) Legal constitutionalism defended? Some thoughts about the judicialization of rights in the UK Comparative Constitutionalism and Rights: Global Perspectives

• Cram IG (2003) The confidentiality of journalists' sources Media Law after the Human Rights Act

• Cram IG ‘Control orders, the Human Rights Act and comparative law' British Association of Comparative Law

  Paper discussed the resort to foreign human rights norms by UK courts in control order cases

• Cram 'Media freedom and the administration of justice - The UK experience' Il rapporto tra giustizia e mass media

• Cram IG Tom Paine and Liberty Formal Launch of Liberty Building

• Cram IG Open Justice - A Comparative Perspective and a Common Problem Justice Wide Open

Journal Articles

• Cram IG (2012) The "War on Terror" on Campus In: Journal for the Study of Radicalism 6 pp. 1 - 34 Michigan State University

• Cram IG (2011) "Hemming's Way" In: Solicitors Journal 155 (21) pp. 12 - 13 Wilmington Group plc

• Cram IG (2010) Beyond Lockean Majoritarianism? - Emergency, Institutional Failure and the UK Constitution In: Human Rights Law Review 10 (3) pp. 461 - 485 OUP

• Cram (2009) Resort to foreign constitutional norms in domestic human rights jurisprudence with reference to terrorism cases In: Cambridge Law Journal 68 (2009) pp. 118 - 141 CUP

• Cram I (2009) Terrorism investigations and the coerced disclosure of journalists materials In: Communications Law 14 pp. 40 - 45 Tottel

• Cram IG (2008) Constitutional responses to extremist political associations - ETA, Batasuna and democratic norms In: Legal Studies 28 (1) pp. 68 - 95 Butterworth & Co. (Publishers) Ltd., Part of the

  Modern democratic practice assumes the existence of rival political parties, each generating sets of policies and competing with the others for an opportunity to put their programme into effect at election time. Denial of access to the political process is therefore an extremely serious step for a democratic state to take, curtailing not only the freedoms of members to campaign and represent the party, but also the opportunity for like-minded voters to express their support at the ballot box. Indeed, the motives for a ban might be highly suspect such as advancing the electoral chances of the governing party or forcing a unitary political identity upon members of the polity. The discussion in Part 1 frames the account of the Spanish state’s evolving stance towards radical Basque separatists (and their political emanations) in Part 2. A detailed account of the Law of Political Parties and its reception in the national courts is provided in this section of materials. Finally, Part 3 considers the likely response of the European Court of Human Rights to the proscription of Batasuna and raises broader questions regarding the compatibility of ECHR jurisprudence with prevailing values in liberal political philosophy. This section queries the consensus view that the Strasbourg Court is likely to uphold the ban, arguing instead that, on the question of the proportionality of proscription, there is scant support in Article 11 jurisprudence for states to mount a ‘pre-emptive’ strike at anti-democratic parties. The discussion in Part 1 frames the account of the Spanish state’s evolving stance towards radical Basque separatists (and their political emanations) in Part 2. A detailed account of the Law of Political Parties and its reception in the national courts is provided in this section of materials. Finally, Part 3 considers the likely response of the European Court of Human Rights to the proscription of Batasuna and raises broader questions regarding the compatibility of ECHR jurisprudence with prevailing values in liberal political philosophy. This section queries the consensus view that the Strasbourg Court is likely to uphold the ban, arguing instead that, on the question of the proportionality of proscription, there is scant support in Article 11 jurisprudence for states to mount a ‘pre-emptive’ strike at anti-democratic parties.

• Cram IG (2006) Judging rights in the UK – The Human Rights Act and the new relationship between Parliament and the courts In: Review of Constitutional Studies 12 (1) pp. 53 - 81 Edmonton : Alberta Law Review

  The purpose of this article is to describe and account for the limited form of increased judicial input on rights disputes involving public authorities accorded to the courts under the United Kingdom’s Human Rights Act 1998. Specific attention is paid to the Act’s central provisions; namely the ‘interpretative duty’ set out in section 3 to render domestic statutes compliant with the European Convention on Human Rights and the declaration of incompatibility in section 4. The discussion asks whether, notwithstanding its ostensible commitment to parliamentary sovereignty, the Act is best understood as a ‘constitutional’ statute as a consequence of which the courts are required to apply a generous or non-literal interpretation to rights guarantees

• Cram IG (2006) Regulating the Media: some neglected freedom of expression issues in the United Kingdom's counter-terrorism strategy In: Terrorism and Political Violence 18 (2) pp. 335 - 355 London : Frank Cass

  This article takes a critical look at a range of existing and proposed restrictions on media freedom prompted by the war on terror. Reference is also made to counter terrorist strategies in the United States and Spain that have impacted upon media organisations

• Cram IG (2005) Political Expression, Qualified Privilege and Investigative Journalism In: Canterbury Law Review pp. 143 - 162 University of Canterbury, Faculty of Law

  Analysis of post Reynolds v Times developments in teh law of qualified privilege, drawing upon NZ Law Reform Commission and other comparative materials to argue that English law is now reining in to an excessive degree scope for investigative journalism

• Cram IG (2004) Film Licensing in New Zealand and the limits of constitutional protection for artistic expression In: Entertainment Law Review pp. 243 - 248 Oxford : ESC Pub. Ltd

• Cram IG (2004) Reducing uncertainty in libel law after Reynolds v Times Newspapers? Jameel and the unfolding defence of qualified privilege In: Entertainment Law Review pp. 147 - 150 Oxford : ESC Pub. Ltd

• Cram IG (2003) Unconstitutional conditions? – Public libraries, federal subsidies and the Internet: United States v American Library association Inc. In: Communications Law 8 (6) pp. 417 - 419 Tolley Publishing Co. Ltd.

• Cram IG (2003) Treason, Felony Act 1848: Publications in favour of Republicanism; Declaratory Judgments In: Journal of Criminal Law (2003) pp. 33 - 36 Vathek Publishing

• Cram IG (2003) Hate Speech, The First Amendment and Cross Burning in the United States In: Communications Law 8 (6) pp. 389 - 395 Tolley Publishing Co. Ltd.

• Cram IG (2002) Criminalizing Child Pornography - A Canadian Study in Freedom of Expression and Charter Judicial Review of Legislative Policy Making In: Journal of Criminal Law (66) pp. 359 - 373 Vathek Publishing

• Cram IG (2002) Beyond Madison? The U.S. Supreme Court and the regulation of sexually explicit expression In: Public Law 2002 (WIN) pp. 743 - 757 Sweet & Maxwell

• Cram IG (2002) L'Harmonisation de la Liberte d'Expression en Europe In: Maastricht Journal of European and Comparative Law 8 (4) pp. 417 - 422 Schulthess Polygraphischer Verlag AG

• Cram IG (2001) Children, Sexually Explicit Materials on the Internet and the First Amendment In: Communications Law 6 (6) pp. 186 - 190 Tolley Publishing Co. Ltd.

• Cram IG (2000) Criminal Contempt, Article 10 and the First Amendment In: Maastricht Journal of European and Comparative Law 7 (1-29) Schulthess Polygraphischer Verlag AG

• Cram IG (1998) Automatic reporting restrictions in criminal proceedings In: European Human Rights Law Review 1998 pp. 742 - 753 Sweet & Maxwell

• Cram IG (1997) Minors' Privacy and the Courts In: Public Law: the constitutional and administrative law of the commonwealth 1997 pp. 410 - 419 Sweet & Maxwell

• Cram IG; Hilson C (1996) Judicial Review and Environmental Law - Is there a coherent view of standing In: Legal Studies 16 pp. 1 - 26 Butterworth & Co. (Publishers) Ltd., Part of the

• Cram IG (1995) Towards Good Administration - The Reform of Standing in Scots Public Law In: Juridical Review: law journal of Scottish universities pp. 332 - 344

• Cram IG (1993) Interfering with Gaol Mail- Prisoners' legalLetters and the Courts In: Legal Studies 13 pp. 356 - 370 SPTL

• Cram IG Constitutional responses to extremist political associations – ETA, Batasuna and democratic norms’ In: Legal Studies 28 pp. 68 - 95

• Cram IG Failing Justice Brennan’s Quest? Anticipating Terrorism Risks and the US Supreme Court In: Public Law: the constitutional and administrative law of the commonwealth 2013

• Cram IG; Bell JS Towards a Better Public Law In: Public Administration: an international quarterly covering public administration throughout the world 74 pp. 239 - 253

Others

• Cram I (2008) Media reporting of courts and tribunals pp. 768 - 769 OUP

• Cram I Journalistic privilege pp. 646 - 647

  Entry for New Oxford Companion to Law

Reports

• Cram IG (2005) Lessons from America? Response to Dept of Constitutional Affairs Consultation Paper 'Broadcasting the Courts'

  Submission to DCA on Broadcasting the Courts. Focus is on US access rules and empirical evaluations. Argues that a number of fears raised by opponents of broadcasting have not materialised.