Dr John Mcgarry

Senior Lecturer

Health, Education, Policing and Sciences

I am a Senior Lecturer in Law in the School of Justice, Security and Sustainability at Staffordshire University. I have previously worked at the University of Bolton, Edge Hill University, the University of Central Lancashire and the Institute of Higher Education at Blackburn College.

My research interests include all aspects of public law and legal theory and I have published extensively in these areas. I am the author of numerous academic papers, one monograph, two textbooks and the co-editor of four volumes of collected papers. I have also given papers nationally and internationally. I teach and supervise students at all levels including: foundation level; undergraduate; masters level and PhDs. I am a member of the Society of Legal Scholars, the Socio-Legal Studies Association and the UK Constitutional Law Group. I am also a Fellow of the Higher Education Academy.

Professional memberships and activities

  • Fellow of the Higher Education Academy
  • Member of the Society of Legal Scholars
  • Member of the Socio-Legal Studies Association
  • Member of the UK Constitutional Law Group

Academic qualifications

  • PhD, ‘Debating the Theoretical Basis for Judicial Review: A Hermeneutical Study’, University of Central Lancashire
  • LLB (Hons), University of Central Lancashire

Expertise

  • Public law
  • Legal theory

Research interests

  • Public law
  • Legal theory

Teaching

Undergraduate

  • English Legal System
  • Administrative Law
  • Jurisprudence
  • Undergraduate dissertation supervisor

Postgraduate

  • Masters dissertation supervisor
  • PhD supervisor

I am also one of the Postgraduate Research Leads for the School of Justice, Security and Sustainability.

Publications

Books:

  • Bryan, I., Langford, P. and McGarry, J. (eds) (2019) Hans Kelsen and the Natural Law Tradition, Brill Publishing
  • Bryan, I., Langford, P. and McGarry, J. (eds) (2017) Kelsenian Legal Science and the Nature of Law, Springer
  • McGarry, J. (2016) Intention, Supremacy and the Theories of Judicial Review, Abingdon: Routledge Publishing
  • McGarry, J. (2016), Acing the LLB: Capturing Your Full Potential to Improve Your Grades, Abingdon: Routledge Publishing.
  • Bryan, I., Langford, P. & McGarry, J. (eds.) (2016), The Reconstruction of the Juridico-Political: Affinity and Divergence in Kelsen and Weber, Abingdon: Routledge Publishing.
  • Bryan, I., Langford, P. & McGarry, J. (eds.), (2015), The Foundation of the Juridico-Political: Concept Formation in Kelsen and Weber, Abingdon: Routledge Publishing.
  • McGarry, J. (2013) Course Notes: Constitutional and Administrative Law, Abingdon: Routledge Publishing

Articles and book chapters:

  • McGarry, J. (2021) ‘Sarah Everard: Social Media and the Very Real Danger of Contempt of Court’ The Conversation 12 March 2021
  • McGarry, J. (2021) ‘Boris Johnson may soon have the power to call elections whenever he wants – a legal view on why that’s not a good idea’ The Conversation 19 February 2021
  • McGarry, J. (2020) ‘Carltona – A Matter of Intention’ (2020) 25(3) Judicial Review 235
  • McGarry, J. (2019) ‘Constitutional Statutes – A Brief Overview’ Legal Cheek 26 November 2019
  • McGarry, J. (2019) ‘Challenging the EU Withdrawal Act’ Legal Cheek 25 September 2019.
  • McGarry, J and Spence, S. (2019) ‘Constitutional Statutes – Roots and Recognition’ Statute Law Review, https://doi.org/10.1093/slr/hmz015
  • McGarry, J. (2017) ‘Kelsen and the Necessity of God in the Natural-Law Doctrine’ in Bryan, I., Langford, P. and McGarry, J. (eds) (2017) Kelsenian Legal Science and the Nature of Law, Springer
  • McGarry, J. (2017) ‘Why Media Reporting of Finsbury Park Attack Differs from that of other incidents’ The Conversation 21 June 2017
  • McGarry, J. (2016) ‘Why the Case Against the Human Rights Act is so Weak’ The Conversation 31 August 2016
  • McGarry, J. (2014) ‘The Importance of an Expansive Test of Standing’ 19(1) Judicial Review 60-64
  • McGarry, J. (2013) ‘Intention, Supremacy and Judicial Review’ 1(2) The Theory and Practice of Legislation 255-276
  • McGarry, J. (2013) ‘The Possibility and Value of Coherence’ 34(1) Liverpool Law Review 17-26
  • McGarry, J. (2012) ‘The Principle of Parliamentary Sovereignty’ 32(4) Legal Studies 577-599
  • McGarry, J. (2011) ‘Effecting Legal Certainty under the Human Rights Act’ 16(1) Judicial Review 66-71
  • McGarry, J. (2011) ‘Named, Shamed and Defamed by the Police’ 5(3) Policing: A Journal of Policy and Practice 219-227
  • Kinsella, C. and McGarry, J. (2011) ‘Computer Says No: Technology and Accountability in Policing Traffic Stops’ 55 Crime, Law and Social Change 167-184
  • McGarry, J. and Pendlebury, A. (2009) ‘Location, Location, Location: The Whereabouts Rule and the Right to Privacy’ 40 Cambrian Law Review 63-75
  • McGarry, J. (2007) ‘“Functions of a Public Nature” under the Human Rights Act 1998: The Decision of the House of Lords in YL v Birmingham City Council’ 5 Web Journal of Current Legal Issues
  • McGarry, J. (2005) ‘Parliamentary Sovereignty, Judges and the Asylum and Immigration (Treatment of Claimants etc) Bill’ Liverpool Law Review 1-12

Presentations, conference Papers etc:

  • McGarry, J. (2022) ‘Constitutional Statutes – 20 Years On’ Constitutional
  • Statutes – 20 Years On: A One Day Conference, Staffordshire University, 16 September 2022
  • McGarry, J. (2022) ‘Police, Fire and Crime Commissioners and Police Accountability’ Society of Legal Scholars Annual Conference, King’s College London, 6-9 September 2022
  • McGarry, J. (2022) ‘The Attorney General and Contempt of Court - A Gentle Polemic’ Centre for Crime, Justice and Security Public Seminar Series, Staffordshire University, 13 July 2022
  • McGarry, J. (2022) ‘Informing Policy and Practice’ Centre for Crime, Justice and Security, Centre Launch, Staffordshire University, 6 April 2022
  • Cowen, A. and McGarry, J. (2019) ‘The Attorney General and Contempt of
  • Court – Some political and constitutional questions’ Society of Legal Scholars Annual Conference, University of Central Lancashire, 3-6 September 2019
  • McGarry, J. (2019) ‘The Hermeneutical Academic: Philosophical Hermeneutics as a Model for Academic Behaviour’ TIRI Annual Conference, University of Bolton, 3-4 July 2019
  • McGarry, J. (2017) ‘The Attorney-General, Contempt of Court and Political
  • Bias’ Socio-Legal Studies Association Annual Conference, Newcastle University, 5th-7th April 2017
  • McGarry, J. (2016) ‘Genuineness as an Element of Sufficient Interest’, Socio- Legal Studies Association Annual Conference, Lancaster University, April 2016
  • McGarry, J. (2013), 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, September 2013.
  • McGarry, J. & Langford, P. (2012) ‘Kelsen, Weber and the Free Law Movement’ Hans Kelsen and Max Weber: Convergences and Divergences in Conceptions of the Juridico-Political, Edge Hill, July 2012
  • McGarry, J. & Langford, P. (2012) ‘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, July 2012
  • Kinsella, C. & McGarry, J. (2009) ‘Computer Says No: Technology and Police Stops’ Police Governance and Accountability: Challenges and Outlook, Centre for Criminal Justice, School of Law, University of Limerick, December 2009
  • McGarry, J. (2005) ‘An Analysis of the Ultra Vires Doctrine using Immanent Critique’ University of Central Lancashire, 19 May 2005
  • McGarry, J. (2004) ‘It’s Government v Judges in Asylum Cases’ Safe Sanctuary? Conference on Asylum and Refugee Issues, Edge Hill, October 2004

Public engagement:

  • McGarry, J., Submission of evidence to the House of Lords Constitution Committee call for evidence on the Role of the Lord Chancellor and the Law Officers, (18 March 2022)
  • McGarry, J., Response to the Government’s consultation: (2021) Human Rights Act Reform: A Modern Bill Of Rights. A consultation to reform the Human Rights Act 1998 (CP 588), 8 March 2022
  • McGarry, J. and Spence, S., Submission of evidence to the Joint Committee on Human rights call for evidence on the Government’s Independent Human Rights Act Review, 21 March 2021
  • McGarry, J., Submission of evidence to the Joint Committee on the Fixed-term Parliaments Act’s call for evidence on the proposed Bill to repeal the FTPA 2011, 18 January 2021
  • McGarry, J., Submission of evidence to the House of Commons Public Administration and Constitutional Committee consultation: the role of Parliament in the UK constitution, 30 November 2018
  • McGarry, J., Invited Speaker, University of the Third Age, Aughton and Ormskirk, ‘The United Kingdom Constitution: Some Quirks and Oddities’, 7 July 2018
  • McGarry, J., Interview, Radio Sputnik, 9 June 2017
  • McGarry, J., Invited speaker, University of the Third Age, Aughton and Ormskirk, ‘Lawful Government, the Rule of Law and the Human Rights Act’, 3 November 2016
  • McGarry, J., Interview, the Roger Phillips Show, BBC Radio Merseyside, 6 September 2016
  • McGarry, J., Response to the Government’s consultation: (2013) Judicial Review: Proposals for Further Reform (CM 8703)

External profiles

in the UK for Quality Education

Sustainable Development Goal 4, Times Higher Education Impact Rankings 2023

for Career Prospects

Whatuni Student Choice Awards 2023

for Facilities

Whatuni Student Choice Awards 2023

for Social Inclusion

The Times and The Sunday Times Good University Guide 2023

of Research Impact is ‘Outstanding’ or ‘Very Considerable’

Research Excellence Framework 2021

of Research is “Internationally Excellent” or “World Leading”

Research Excellence Framework 2021

Four Star Rating

QS Star Ratings 2021