The True Meaning of Rationality as a Distinct Ground of Judicial Review in UK Public Law (2020)
Journal Article
Nehushtan, Y. (2020). The True Meaning of Rationality as a Distinct Ground of Judicial Review in UK Public Law. Israel Law Review, 135-158. https://doi.org/10.1017/S0021223719000189

Ever since the Wednesbury decision in 1947 UK public law has been applying the concepts ‘rationality’ and ‘reasonableness’ indistinguishably. Rationality has also been used as a ‘mega ground of judicial review’, covering many other, distinct grounds... Read More about The True Meaning of Rationality as a Distinct Ground of Judicial Review in UK Public Law.

The Foundations of Conscientious Objection: Against Freedom and Autonomy (2018)
Journal Article
Nehushtan, Y., & Danaher, J. (2018). The Foundations of Conscientious Objection: Against Freedom and Autonomy. Jurisprudence, 541-565. https://doi.org/10.1080/20403313.2018.1454031

According to the common view, conscientious objection is grounded in autonomy or in ‘freedom of conscience’ and is tolerated out of respect for the objector's autonomy. Emphasising freedom of conscience or autonomy as a central concept within the iss... Read More about The Foundations of Conscientious Objection: Against Freedom and Autonomy.

The Case for a General Constitutional Right to be Granted Conscientious Exemption (2016)
Journal Article
Nehushtan, Y. (2016). The Case for a General Constitutional Right to be Granted Conscientious Exemption. Oxford Journal of Law and Religion, 230 - 254. https://doi.org/10.1093/ojlr/rww004

Conscientious exemption is called for when a person’s conscience conflicts with the demands or the requirements of the law. Most of the academic research about the practice of granting conscientious exemptions and its justification explores the quest... Read More about The Case for a General Constitutional Right to be Granted Conscientious Exemption.