Dr John Mcgarry

Senior Lecturer

School of Justice, Security and Sustainability

I am a Senior Lecturer in Law in the School of Law, Policing and Forensics. 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, the UK Constitutional Law Group and the Law and Courts Standing Group of the European Consortium for Political Research. 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

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. (2019) ‘Constitutional Statutes – A Brief Overview’ Legal Cheek 26 November 2019 https://www.legalcheek.com/lc-journal-posts/constitutional-statutes-a-brief-overview/

McGarry, J. (2019) ‘Challenging the EU Withdrawal Act’ Legal Cheek 25 September 2019 https://www.legalcheek.com/lc-journal-posts/challenging-the-eu-withdrawal-act/

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 https://theconversation.com/why-media-reporting-of-finsbury-park-attack-differs-from-that-of-other-incidents-79797

McGarry, J. (2016) ‘Why the Case Against the Human Rights Act is so Weak’ The Conversation 31 August 2016 https://theconversation.com/why-the-case-against-the-human-rights-act-is-so-weak-64629

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 http://www.bailii.org/uk/other/journals/WebJCLI/2007/issue5/mcgarry5.html

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:

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:

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

Invited Speaker, University of the Third Age, Aughton and Ormskirk, ‘The United Kingdom Constitution: Some Quirks and Oddities’, 7 July 2018

Interview, Radio Sputnik, 9 June 2017

Invited speaker, University of the Third Age, Aughton and Ormskirk, ‘Lawful Government, the Rule of Law and the Human Rights Act’, 3 November 2016

Interview, the Roger Phillips Show, BBC Radio Merseyside, 6 September 2016

Submission of evidence to the Government’s consultation: (2013) Judicial Review: Proposals for Further Reform (CM 8703)

Top 15 for Teaching Quality

The Times and The Sunday Times Good University Guide 2021

Top 15 for Social Inclusion

The Times and The Sunday Times Good University Guide 2021

Midlands University of the Year

Midlands Business Awards 2020