Leeds Student Law and Criminal Justice Review
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Leeds Student Law and Criminal Justice Review March 2021 Volume 1 www.essl.leeds.ac.uk/homepage/141/leeds_student_law_and_criminal_justice_review THE EDITORIAL BOARD 2020 - 2021 Managing Editor Maariyah Islam Assistant Managing Editors Kisby Dickinson & Clare James Editors Ananya Banerjee Atif Bostan Amy Gainford Natasha Gooden Ibukunoluwa Iyiola-Omisore Peter Ochieng Tu Tran FOREWORD I am delighted to be asked to write the Introduction to the first edition of the Leeds Student Law and Criminal Justice Review. The School of Law at the University of Leeds is proud to be home to this new journal that showcases the outstanding work of our final year undergraduates. All of the articles originated as excellent final year dissertations, revised in the light of feedback from an editorial board made up of postgraduate research students. The final year dissertation is the culmination of a research based undergraduate degree that actively develops students’ independent research skills. The authors of these articles devised their own research questions, delving deep into a subject that they had become interested in in the course of their degree, benefitting from one to one supervision by a faculty expert in the field. The result, as this journal demonstrates, is a rich breadth of cutting edge research questions and diversity of methodological approaches that build on and speak to the strengths of three of the School’s Research Centres in Business Law and Practice, Criminal Justice Studies and Law and Social Justice. Busuioc’s excellent paper addresses the important and topical question of the extent to which the introduction of blockchain in the democratic processes of the European Union can improve the quality of democracy. She concludes that it would increase democratic empowerment, and create a system that would reach a larger number of citizens that would limit the impact of social and economic factors on their ability to vote. This paper demonstrates an impressive understanding of new technology and its potential to promote social justice in the form of improved access to the democratic process. Tyson’s carefully researched and thorough paper addresses an issue of concern to all consumers, namely the ever increasing use of personal data despite consumer concerns. To this extent she investigates whether the General Data Protection Regulation’s Reformed Consent Requirements improve Consumer Protection in this regard. The protection of our liberties through law also come to the fore in Rehan Chaudhuri’s article. This addressed a hugely important constitutional question: namely to what extent Parliament can restrict or reduce judicial powers, and examines this in the context of an ouster clause that sought to restrict the High Court’s supervisory jurisdiction over the Investigatory Powers Tribunal. His detailed paper challenges a number of preconceptions about the British constitution. Showmir Chowdhury meanwhile presents an impressive analysis of how the Eurozone crisis and the European Migrant crisis had different integration outcomes for the European Union. His conclusion is insightful an challenging, namely that whilst ‘European elites’ depoliticised ‘the Eurozone crisis as one with ‘no alternative’ but further integration; populist entrepreneurs during the Migrant crisis were able to galvanise nationalist identities against supranational delegation. Oluwamitoke Debo-Aina’s excellent and interesting qualitative study examines how the link between drill music and gang and knife crime has been distorted and this has contributed to the marginalisation of urban black South Londoner, silencing their discussions of marginalisation, and undermining their efforts to address it. It legitimises the perception of black culture as criminal culture. This is a timely paper that speaks to wider issues that have come to the fore in our society and it also serves to illustrate the breadth of research methodologies that students in the Law School can master. These papers should be of interest to a wide audience and their authors are to be congratulated on their achievement. The quality of this journal also owes itself to a hardworking editorial board of postgraduate research students. Led by Maariyah Islam, as Managing Editor, Kisby Dickinson & Clare James as Assistant Managing Editors, and Ananya Banerjee, Atif Bostan, Amy Gainford, Natasha Gooden, Ibukunoluwa Iyiola-Omisore, Peter Ochieng, Tu Tran as editors, chose the papers, gave feedback on them, rigorously edited them, and supported the authors in arriving at the polished final version. This was a time consuming job that was professionally done and the School and the authors are grateful to the editorial team for the commitment and skill they have shown in bringing this first edition of the journal to completion. I want to thank Dr Colin Mackie who originally conceived the idea of the journal and who has supported the team as they have worked on it. He was absolutely key to the project and I know the students are grateful to him. The excellence of the research in this journal is something that the School of Law at Leeds, as one of the top 10 Law School’s in the UK, can be proud of. The journal demonstrates something that is core to the identity of the School of Law, which is our community, and the willingness of the members of that community to contribute to it and work together. This is an endeavour in which undergraduates, postgraduate researchers and staff collaborated to produce something that, like our School, incorporates a diversity of subject specialisms, methodologies, approaches, and voices. It is an endeavour that all involved can feel very proud of, just as the School also is proud of their efforts and what they have, together, produced. Professor Joan Loughrey Interim Head of School School of Law University of Leeds February 2021 INTRODUCTION TO INAUGURAL ISSUE The idea to establish a Student Law and Criminal Justice Review at the University of Leeds was initiated by Dr Colin Mackie in 2020. Following this, Dr Mackie selected ten PGRs from the School of Law to create the Leeds Editorial Board and create this first edition of the Leeds Student Law and Criminal Justice Review. In creating this journal, we have endeavored to include articles on a broad range of subjects. The wide areas covered in our students’ scholarship is reflective of the research centers of the Law School; The Center for Business Law and Practice, the Centre for Law and Social Justice, and the Center for Criminal Justice Studies. The submissions have been carefully selected from dissertations written by students in the final year of their undergraduate degree. The benefits of the journal, particularly in online form via HeinOnline allows the culmination of the undergraduate studies, the dissertation, to be disseminated internationally. The journal provides an opportunity for our graduates to benefit from the feedback provided by the Editorial Board of PGRs to polish an already truly outstanding piece of work and to take it to the next level. There has been an immense amount of work put into the dissertation by the student and publication is a reward for that effort. The journal allows us to showcase the strength of our students, and their analytical skills, enhancing the reputation and standing of the School. We hope that other undergraduates, and even experienced academics, may come across the work when conducting research and cite it in their own work. All in all, the journal presents an opportunity to aid the employability of our undergraduate and post graduate students and enhance their student experience. We thank all those that have allowed us to publish their articles, the supervisors and others who supported the students in undertaking their dissertations. We relish the opportunity to produce more volumes of this journal in the future. A great number of people have assisted us from the starting stages of this project to the completion of this inaugural issue. We would like to thank Dr Colin Mackie for his vision in creating the journal and support throughout the creation of this edition. We would also like to thank Professor Joan Loughrey for her support towards the journal and proving a Foreword. We hope that you enjoy the inaugural issue of the Leeds Student Law and Criminal Justice Review. The Editorial Board January 2021 Contents Blockchain: Use of Technology to Increase Engagement Maria-Anda Page with European Union Democracy Busuioc 1 To What Extent Have the General Data Protection Sofia Inga Page Regulation’s Reformed Consent Requirements Enhanced Tyson 30 Consumer Protection Regarding Non-Sensitive Personal Data? Parliamentary Curtailment of Judicial Powers: Rehan D Page Emanation or Abuse of the Rule of Law and Democracy? Chaudhuri 64 A Crisis in Europe: Why Have Integration Outcomes of Showmir Page the Eurozone Crisis and the European Migrant Crisis Chowdhury 94 Differed? Silencing the Story of the Streets: An Investigation into Oluwamitoke Page How the Media and Political (Mis)Representations of UK Debo-Aina 131 Drill Music Affects the Lives and Identities of Black Youth in South London Leeds Student Law and Criminal Justice Review Blockchain: Use of Technology to Increase Citizens' engagement with European Union Democracy Maria-Anda Busuioc Abstract The paper aims to provide an analysis of the extent to which the introduction of blockchain in the democratic processes of the European Union can improve the quality of democracy, empower citizens and encourage active democratic engagement. Focusing on the criticisms of the European Parliament elections and the European Citizens’ Initiative, the discussion will demonstrate, through unpicking underlying themes, the current shortcomings and where these processes fail to adequately engage citizens. Recognizing the current drive toward increasing the use of technology, especially blockchain, to improve public services the paper will discuss the application of this technology to both the elections and the European Citizens’ Initiative. It will assess the extent to which blockchain could address the previously identified shortcomings and improve both the processes and the current level of citizen engagement.