Journal articles on the topic 'Constitutional law – Northern Ireland'
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Horigan, Damien P. "Facilitating Korean Reconciliation through Constitutional Law." International Studies Review 10, no. 2 (October 15, 2009): 53–79. http://dx.doi.org/10.1163/2667078x-01002003.
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This article looks at the so-called Korean Problem or Korean Question from a fresh perspective. Instead of advocating a quick yet costly reunification of Korea along German lines or any specific type of federation, confederation, or commonwealth, a new approach to both Korean reconciliation and possible reunification based on negotiated constitutional change, the symbolic power of constitutions, and the Habermasian concept of constitutional patriotism is proposed. Specifically, the example of the Northern Ireland peace process is presented as an alternative legal model that can be creatively applied to conditions on the Korean Peninsula.
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O'Donoghue, Aoife, and Ben T. C. Warwick. "Constitutionally questioned: UK debates, international law and Northern Ireland." Northern Ireland Legal Quarterly 66, no. 1 (August 17, 2018): 93–104. http://dx.doi.org/10.53386/nilq.v66i1.145.
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This comment examines the proposed UK constitutional changes proffered following the no vote in the Scottish independence referendum from an international legal perspective. With a particular focus on the implications for Northern Ireland, this piece considers the possible consequences of further devolution, proposed federalism, changes to the UK’s relationship with the European Convention on Human Rights (ECHR), modifications of relations with the European Union (EU) and the potential effects of change to the relationship with the Republic of Ireland. In looking at these issues through the lens of international law, this comment brings a fresh perspective to questions of constitutional change for Northern Ireland.
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Cox, W. Harvey. "NORTHERN IRELAND: DIRTY WARS AND CONSTITUTIONAL DILEMMAS*." Parliamentary Affairs 45, no. 4 (October 1992): 693–96. http://dx.doi.org/10.1093/oxfordjournals.pa.a052393.
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Bierbach, Jeremy B. "The ‘Person of Northern Ireland’: A Vestigial Form of EU Citizenship?" European Constitutional Law Review 17, no. 2 (June 2021): 232–58. http://dx.doi.org/10.1017/s1574019621000134.
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Northern Ireland – United Kingdom – Republic of Ireland – Divergent development of Irish and British nationality law – Citizenship of the European Union – Good Friday Agreement – Brexit – Emma DeSouza – Family unity as a source of constitutional conflict – Reverse discrimination – Cross-border equality as a means of representation reinforcement – Richard Plender
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Anthony, Gordon. "The Uniqueness of Northern Ireland Public Law." Legal Information Management 12, no. 4 (December 2012): 262–66. http://dx.doi.org/10.1017/s1472669612000606.
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AbstractThis article is broadly based upon a presentation given by Gordon Anthony, which was given at the annual conference of the British and Irish Association of Law Librarians on 15 June 2012 in Belfast. Its purpose is to outline some of the ways in which public law in Northern Ireland is unique within the wider setting of the UK. Although it is true that the law of Northern Ireland shares much in common with principle and practice elsewhere in the UK, there are some notable differences that are attributable to the fact that Northern Ireland has its own court system and legal and political history. The article thus examines some of the differences that exist at the constitutional level and which can be associated with, most famously, the Belfast Agreement 1998. It also summaries some of the differences that can be found at the level of legal citation, for instance of case law and statute law for the jurisdiction.
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Enright, Máiréad, Kathryn McNeilly, and Fiona De Londras. "Abortion activism, legal change, and taking feminist law work seriously." Northern Ireland Legal Quarterly 71, no. 3 (June 23, 2020): OA7—OA33. http://dx.doi.org/10.53386/nilq.v71i3.317.
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Abortion laws in the Republic of Ireland and Northern Ireland have recently undergone radical reform. This occurred following a 2018 referendum in the Republic and the passing of the Northern Ireland (Executive Formation etc) Act 2019 in Northern Ireland. In both jurisdictions, these legal changes are the products not only of moments of constitutional and legislative action or of litigation, but of decades of feminist protest and strategising that both generated and exploited moments of legal opportunity. In this article, drawing on a 2018 workshop and qualitative interviews with feminist activists, we focus attention on what we call the ‘feminist law work’ involved in reform, highlighting the role of non-lawyer activists in achieving legal change in instrumental, creative, emotional, and laborious ways. We argue that ‘feminist law work’ should be taken seriously as a highly skilled and indispensable driving force in formal legal change processes.
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Enright, Máiréad, Kathryn McNeilly, and Fiona De Londras. "Abortion activism, legal change, and taking feminist law work seriously." Northern Ireland Legal Quarterly 71, no. 3 (November 5, 2020): 359–85. http://dx.doi.org/10.53386/nilq.v71i3.890.
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Abortion laws in the Republic of Ireland and Northern Ireland have recently undergone radical reform. This occurred following a 2018 referendum in the Republic and the passing of the Northern Ireland (Executive Formation etc) Act 2019 in Northern Ireland. In both jurisdictions, these legal changes are the products not only of moments of constitutional and legislative action or of litigation, but of decades of feminist protest and strategising that both generated and exploited moments of legal opportunity. In this article, drawing on a 2018 workshop and qualitative interviews with feminist activists, we focus attention on what we call the ‘feminist law work’ involved in reform, highlighting the role of non-lawyer activists in achieving legal change in instrumental, creative, emotional, and laborious ways. We argue that ‘feminist law work’ should be taken seriously as a highly skilled and indispensable driving force in formal legal change processes.
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Young, Alison L. "The Constitutional Implications of Brexit." European Public Law 23, Issue 4 (November 1, 2017): 757–86. http://dx.doi.org/10.54648/euro2017043.
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This Article investigates the constitutional implications of Brexit, focusing on the extent to which Brexit challenges the classification of the UK constitution as a self-correcting unitary democracy, upholding parliamentary sovereignty. It argues that, Brexit removes some of the European layer from the UK’s emerging multi-layered constitution, but in doing so it threatens to undermine the delicate relationship between England, Scotland, Wales and Northern Ireland on which the Union is based, particularly in the light of recent political events. In addition, it argues that Brexit may not restore the sovereignty of the Westminster Parliament and may also mark a further moment in the constitutionalization of the UK, modifying the balance of power between Parliament and the courts by placing more decision-making power in the hands of the courts.
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Williams, John. "Law Making in a Devolved Wales: Work in Progress." Legal Information Management 14, no. 4 (December 2014): 266–76. http://dx.doi.org/10.1017/s1472669614000577.
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AbstractDevolution for Northern Ireland, Scotland, and Wales resulted in an asymmetrical constitutional framework. The Welsh settlement was more limited than that for Northern Ireland and Scotland. However, since the Government of Wales Acts of 1998 and 2006, Wales has eventually achieved primary law-making powers. Regrettably, the stages leading to the present position resulted in an often confused and confusing body of law. Practitioners wishing to know the content of Welsh law on a subject may encounter a complex tapestry of different types of enactments. The next step for Wales must be improved accessibility and codification. The process of devolution continues. This paper by Professor John Williams was delivered at the BIALL Annual Conference in June 2014.
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Avtonomov, Alexei. "New Zealand Constitution: a fusion of legislative acts, case law (stare decisis), customs (conventions) and treaties." Sravnitel noe konstitucionnoe obozrenie 29, no. 5 (2020): 26–38. http://dx.doi.org/10.21128/1812-7126-2020-5-26-38.
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The article examines the genesis of the Constitution of New Zealand, the formation of its constituent parts and the main sources of constitutional law; it generally profiles the Constitution. The article shows the mutual influence and interweaving of the components of the unconsolidated Constitution of New Zealand in contemporary conditions. In particular, the constitutional provisions presented in the Treaty of Waitangi are examined, and attention is focused on the contemporary problems of its current interpretation and application, although the historical context of its drafting and conclusion is shown. The article deals with the interpretation of some basic constitutional terms when using different official languages of New Zealand, first of all Maori and English tongues. In this regard, one of the urgent issues, which are being discussed quite widely in New Zealand, is the discrepancies found in the wording of fundamental constitutional provisions in the official texts of the Treaty of Waitangi in these two languages. The article examines a number of court decisions containing constitutionally significant precedents (stare decisis), including those on the application of the Treaty of Waitangi. The article shows how, as a result of the judicial complex interpretation of the Treaty of Waitangi and the legislation, the principles of the said Treaty have been developed. The article provides a general characterization of the laws and other regulatory legal acts that together form part of the unconsolidated Constitution of New Zealand. Special attention is paid to the 1986 Act of Constitution because of the importance of the constitutional issues regulated by this statute. The development of constitutional provisions in the 1986 Act of Constitution in comparison with the previous 1852 Act of Constitution is presented. At the same time, the laws, which are considered in New Zealand as an integral part of the Constitution, are summarized. The place and role of the laws of the United Kingdom of Great Britain and Northern Ireland in the modern Constitution of New Zealand are determined. Along with this, other regulatory legal acts that form part of the Constitution are being investigated, in particular, the Letters Patent and the Cabinet Manual. The article also presents New Zealand customs, which have constitutional significance, including conventional norms, and the peculiarities of their application.
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Murphy, Mary C. "Reshaping UK/Ireland relations: Brexit’s cross-border and bilateral impact." Oxford Review of Economic Policy 38, no. 1 (January 1, 2022): 205–16. http://dx.doi.org/10.1093/oxrep/grab051.
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Abstract This article considers the implications of Brexit for UK–Irish relations. It examines how Brexit has altered the terms of the British–Irish relationship by considering the impact on bilateral and cross-border economic and trade patterns. The article focuses on two primary economic effects. First, the short-term impact of Brexit and the Ireland/Northern Ireland Protocol on the Northern Ireland economy, and on trade relations between Great Britain and Ireland and across the Irish border; and second, how Brexit has spurred a discussion about the (economic) appropriateness of partition on the island of Ireland in the post-Brexit period, the extent to which it has led to increased calls for a border poll, and how any future unification process might be economically managed. This includes some provisional evaluation of the economic costs and challenges in relation to future constitutional change for the island of Ireland and the UK. The discussion here connects with wider British constitutional issues including calls for Scottish independence and the possible break-up of the UK.
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Calvert, Harry, John Morison, and Stephen Livingstone. "Reshaping Public Power: Northern Ireland and the British Constitutional Crisis." Journal of Law and Society 23, no. 3 (September 1996): 442. http://dx.doi.org/10.2307/1410722.
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Anthony, Gordon. "Public Law Litigation and the Belfast Agreement." European Public Law 8, Issue 3 (September 1, 2002): 401–22. http://dx.doi.org/10.54648/5095468.
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This article examines the approach that Northern Ireland courts have taken to the resolution of judicial review applications arising from the implementation of the Belfast Agreement of 1998. Focusing on the insights offered into the relationship between law and politics, and referring the court decisions to academic debates about the need for the adoption of revised juridical techniques in the light of constitutional change, the article suggests that the jurisprudence reflects a tension between more novel and orthodox modes of judicial reasoning. The tension, which has been most apparent in the context of approaches to statutory interpretation, is argued to have led to the Belfast Agreement having only a very limited impact on the outcome of some cases. While the limited impact can be said to be consonant with constitutional orthodoxy, the article suggests that orthodoxy is apt to diminish the significance of the wider process of change ongoing in Northern Ireland. The Belfast Agreement is structured around a number of unique institutional understandings and relations, and it is argued that these demand the adoption of more responsive juridical techniques. Thus the article concludes by identifying those aspects of the jurisprudence that might be said to provide the more appropriate means for the resolution of some Belfast Agreement disputes.
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Torrance, David, and Adam Evans. "The Territorial Select Committees, 40 Years On." Parliamentary Affairs 72, no. 4 (August 21, 2019): 860–78. http://dx.doi.org/10.1093/pa/gsz032.
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Abstract The territorial departmental select committees have largely escaped academic scrutiny since their establishment in 1979 (for Scotland and Wales) and 1994 (Northern Ireland). This article charts the history of territorial representation in Westminster, including the creation of grand committees for Scotland and Wales and a Northern Ireland Standing Committee, before explaining the forces that led to the creation of territorial departmental select committees. The article then explores the work of these committees after their formation, and explores how they have responded to the devolution dispensations in their respective nations. A key theme of this article is the influence of constitutional developments in Scotland, Wales and Northern Ireland on territorial committees at Westminster. Indeed, as this article highlights, the different timings of establishment, the asymmetric levels of (in)stability in the various devolution dispensations and prolonged suspensions of devolution in Northern Ireland have had an impact on the role of the respective territorial select committees.
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Osborne, R. D. "Research and Policy: A Northern Ireland Perspective." Environment and Planning C: Government and Policy 11, no. 4 (December 1993): 465–77. http://dx.doi.org/10.1068/c110465.
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Examples of social research having a direct influence on public policy are rare. One such example drawn from Northern Ireland is described in this paper. The case study is located in the particular political and constitutional circumstances of Northern Ireland in the United Kingdom and the role that social research can play is discussed. It is suggested that sensitivity to political realities and awareness of divisions between government departments and agencies can often determine the influence research may have on policy matters.
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Elliott, Mark. "Constitutional Adjudication and Constitutional Politics in the United Kingdom: The Miller II Case in Legal and Political Context." European Constitutional Law Review 16, no. 4 (December 2020): 625–46. http://dx.doi.org/10.1017/s1574019620000401.
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For a number of years there has been nothing at all unusual about the United Kingdom finding itself in a state of constitutional upheaval; indeed, for some time, this has been the UK constitution’s default setting. This has sometimes been as a result of long-anticipated and carefully planned reforms, such as the enactment, in the late 1990s, of legislation to give domestic effect to the European Convention on Human Rights and to introduce devolved systems of government in Scotland, Wales and Northern Ireland. In contrast, more recent upheaval is attributable to often unexpected reactions to often unexpected events. For example, legislation making substantial changes to the devolution scheme in Scotland – providing, among other things, for the constitutional permanence of the Scottish Parliament and Government – was enacted to implement panicked promises made by UK politicians in the dying days of the Scottish independence referendum campaign, at which point a vote in favour of independence seemed a distinct possibility. And then, needless to say, there is Brexit – about which it is almost impossible to be guilty of hyperbole when describing its constitutional implications, so numerous and potentially far-reaching are they.
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Brazier, Rodney. "The Constitution of the United Kingdom." Cambridge Law Journal 58, no. 1 (March 1999): 96–128. http://dx.doi.org/10.1017/s0008197399001063.
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BEFORE the dawn of the millennium new legislative and executive authorities will have been established in Edinburgh, Cardiff and (subject to further political and other progress) in Belfast. This article analyses the nature of these constitutional initiatives, and examines their place in the unitary state which is the United Kingdom. It begins by tracing the history of constitutional union between England, Wales, Scotland, and Ireland. The legal effect of the 1998 devolution statutes is examined, in particular on the legal sovereignty of the United Kingdom Parliament. A triple constitutional and legal lock exists in the Scotland Act 1998 to ensure that the devolution settlement is the final step away from the pure unitary state which has enfolded Scotland in Great Britain. The nature and likely success of that lock are analysed in some detail. The lawmaking powers of the Scottish Parliament, the Welsh Assembly, and the Northern Ireland Assembly are assessed. The similarities and differences between each of the three devolved governments and the British Government are highlighted, and consequences and possible lessons for future government-making at Westminster are drawn. The article concludes with a peer into the possible constitutional futures for the United Kingdom.
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Sandford, Mark, and Cathy Gormley-Heenan. "‘Taking Back Control’, the UK’s Constitutional Narrative and Schrodinger’s Devolution." Parliamentary Affairs 73, no. 1 (October 30, 2018): 108–26. http://dx.doi.org/10.1093/pa/gsy039.
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Abstract The UK’s decision to leave the European Union in 2016 threatens to open up a range of territorial management issues that have long remained unexplored. Since 1999, the UK’s devolution settlements have allowed divergent constitutional narratives to develop and to co-exist. This ‘constructive ambiguity’ has led UK territorial governance to take the form of ‘Schrodinger’s devolution’, where Scotland, Wales and Northern Ireland have and have not experienced fundamental constitutional change. However, the technical requirements of Brexit will mandate the need for exact decisions where ‘constructive ambiguity’ has existed up to now. The UK’s unwritten constitution, limited intergovernmental relations and a lack of shared rule mechanisms mean that these technical decisions have the potential to lead to ongoing political instability.
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Morison, J. "Democracy, Governance and Governmentality: Civic Public Space and Constitutional Renewal in Northern Ireland." Oxford Journal of Legal Studies 21, no. 2 (June 1, 2001): 287–310. http://dx.doi.org/10.1093/ojls/21.2.287.
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DONOHUE, LAURA K. "REGULATING NORTHERN IRELAND: THE SPECIAL POWERS ACTS, 1922–1972." Historical Journal 41, no. 4 (December 1998): 1089–120. http://dx.doi.org/10.1017/s0018246x98008188.
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Although the 1922–43 Special Powers Acts (SPAs) played a central role in prompting the Northern Irish civil rights movement in the late 1960s, virtually no secondary literature exists on the operation of the statutes. This article examines the manner in which the unionist government employed the acts during the tenure of the northern parliament. It suggests that the 1922–43 SPAs became a central grievance of the minority community because of the manner in which regulations introduced under their auspices were exercised: the ministry of home affairs initially used the emergency statutes to return civil order to the province; however, as violence declined the government began to utilize regulations to prevent the expression of republican ideals. Any attempt to garner support for a united Ireland was perceived as an attack on the Northern Irish constitution. Concurrent with this shift was a change in justification for the 1922–43 SPAs: from being required in order to establish law and order in the face of rising violence, they were soon heralded by unionists as necessary to maintain the constitutional structure of the North. In preventing the public exposition of republicanism, expressions of nationalism were likewise limited. This impacted upon a large portion of the minority community, giving rise to claims that the statutes were being unfairly applied.
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SKOUTARIS, Nikos. "Territorial Differentiation in EU Law: Can Scotland and Northern Ireland Remain in the EU and/or the Single Market?" Cambridge Yearbook of European Legal Studies 19 (November 8, 2017): 287–310. http://dx.doi.org/10.1017/cel.2017.11.
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AbstractIn the Brexit referendum of 23 June 2016, voters in England and Wales voted to leave the EU, while in Scotland and Northern Ireland they voted to remain. Following that, there has been a debate about how it would be possible to achieve the continuing presence in the single market of the UK constituent nations that do not want to be taken out against their will. This paper explores two pathways for Scotland and Northern Ireland to remain in the EU and/or the single market. The first entails the achievement of Scottish independence and the reunification of Ireland through democratic referendums. To this effect, the paper reviews the right of secession of those two constituent nations under UK constitutional law. It revisits the debate on the appropriate legal basis regulating Scotland’s future EU accession and discusses the Irish reunification from an EU law perspective. The second pathway explores how it would be possible for Scotland and Northern Ireland to remain in the EU and/or the single market even without seceding from the UK. In order to do that, the paper points to the remarkable flexibility of the EU legal order as evidenced in numerous cases of differentiated application of Union law. The paper shows that the EU possesses the necessary legal instruments to accommodate the divergent aspirations of the UK constituent nations.
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Simpson, Mark. "The Agreement and devolved social security: a missed opportunity for socio-economic rights in Northern Ireland?" Northern Ireland Legal Quarterly 66, no. 2 (August 17, 2018): 105–25. http://dx.doi.org/10.53386/nilq.v66i2.146.
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The UK government made three key human rights-related commitments in the Good Friday Agreement, the basis for the restoration of devolution and transition from conflict to peace in Northern Ireland: to incorporate the European Convention on Human Rights into Northern Ireland law; to consider proposals for a regional Bill of Rights; and to ensure compliance with the state’s international obligations in the region. While ECHR compliance is required of devolved institutions by the constitutional legislation, the prospects of a Bill of Rights being enacted appears limited and oversight of compliance with other international obligations is unsatisfactorily placed in political, rather than judicial, hands. Consequently, protection of socio-economic rights beyond those covered by the ECHR is weak. This paper argues that judicial protection of socio-economic rights – whether in the form of a Bill of Rights or the incorporation of additional human rights agreements into Northern Ireland law – is required for full implementation of the Agreement. It then considers the implications of such a step for social security in the region. The concluding section highlights political and fiscal implications that would have to be considered.
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Whitten, Lisa Claire. "Post-Brexit dynamism: the dynamic regulatory alignment of Northern Ireland under the Protocol on Ireland/Northern Ireland." Northern Ireland Legal Quarterly 73, S2 (December 15, 2022): 37–64. http://dx.doi.org/10.53386/nilq.v73is2.1058.
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Post-Brexit Northern Ireland faces a dual challenge of legal dynamism and political stagnation. Although these two issues have the same origin, this article focuses on the former. Agreed as part of the UK–EU Withdrawal Agreement to address the ‘unique circumstances’ on the island of Ireland, the provisions of the Protocol on Ireland/Northern Ireland break with precedent in both EU external relations and in UK internal governance. For the EU, these novel provisions breach the ‘indivisibility’ of the ‘Four Freedoms’. For the UK, the Protocol challenges the fabric of its internal market and pushes the boundaries of its territorial constitution to a new extreme. The Protocol is politically controversial; related disputes have resulted in institutional collapse in Northern Ireland and severe decline in UK–EU diplomatic relations. While any resolution of political contestation over the Protocol is still pending, it is nonetheless possible to track its legal effects so far. Focusing on provisions which relate to Northern Ireland staying aligned with aspects of EU law, this article analyses the substance of UK(NI)’s post-Brexit dynamism and its implications for the two legal orders it cross-sects.
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KNOX, COLIN, and PAUL CARMICHAEL. "Improving Public Services: Public Administration Reform in Northern Ireland." Journal of Social Policy 35, no. 1 (December 22, 2005): 97–120. http://dx.doi.org/10.1017/s0047279405009311.
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The devolved government in Northern Ireland set about the task of putting in place ‘a modern and effective system of public administration that can deliver high quality public services to our citizens’. It did so through a review of public administration launched in June 2002. This article offers a formative evaluation of the quest to improve the quality of public services, now being taken forward by a British minister since the suspension of devolution. It argues that the review is being driven by institutional concerns and is devoid of a public service modernising agenda. Additionally, it contends that how people in Northern Ireland perceive public services is contingent on their views on its constitutional status (Direct Rule or devolved government) which, in turn, is linked to their support for the Belfast (Good Friday) Agreement, rather than the performance of public bodies. As a consequence, the reforms may result in little more than institutional tinkering with doubtful impact on the quality of public services.
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Brennan, Ciara, Ray Purdy, and Peter Hjerp. "Political, economic and environmental crisis in Northern Ireland: the true cost of environmental governance failures and opportunities for reform." Northern Ireland Legal Quarterly 68, no. 2 (August 9, 2017): 123–57. http://dx.doi.org/10.53386/nilq.v68i2.31.
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Decades of systemic failure to take environmental protection seriously has brought Northern Ireland to the brink of environmental, and now political and economic disaster. This article will consider the reasons why environmental governance in this jurisdiction has continued to be so problematic and the cost of government failure in this context for the people of Northern Ireland. It will set out the environmental, economic and socio-political consequences of the epic failures of successive devolved administrations to take environmental governance seriously, to respond to critiques of the performance of the environmental regulator and to ensure the effective enforcement of environmental law. Finally, it will consider options for dealing with this ongoing problem in a turbulent political environment where collapsing political institutions at Stormont and wider constitutional issues associated with the UK’s plans to leave the EU may continue to stymie reform or present a unique opportunity to reinvent environmental governance and begin the process of remedying the damage caused by years of neglect.
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Danel, Łukasz. "Prawno-konstytucyjne implikacje wystąpienia Wielkiej Brytanii z Unii Europejskiej – perspektywa brytyjska." Politeja 15, no. 54 (February 10, 2019): 163–73. http://dx.doi.org/10.12797/politeja.15.2018.54.11.
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Legal and Constitutional Implications of the United Kigdom’s Withdrawal From the European Union – the British PerspectiveThe article is dedicated to the issue of legal and constitutional implications of Brexit seen from the perspective of United Kingdom of Great Britain and Northern Ireland. The author advances a thesis that the withdrawal from the European Union will be the most complicated legal operation in the history of the British state as for more than 40 years United Kingdom has been a part of European Communities (today’s European Union) which affected greatly the British legal system. In order to prove the thesis the author analyses the political and legal discussion around the European Union (Withdrawal) Bill 2017‑2019 that is supposed to repeal the European Communities Act 1972 and transpose the existing EU Law into UK law. The bill is controversial – especially the provisions known as Henry VIII clauses that create special powers for the government to make secondary legislation.
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Viall, Claire. "Abortion Access in the Republic of Ireland and Northern Ireland: International Influence and Changing Laws?" Policy Perspectives 24 (May 4, 2017): 1. http://dx.doi.org/10.4079/pp.v24i0.17599.
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Access to abortion services in Northern Ireland and the Republic of Ireland is extremely restricted. Women have few options beyond traveling abroad and paying out of pocket to undergo an abortion. In the United Kingdom, abortion is legal up to 24 weeks and is largely free of cost under the National Health Service. While Northern Ireland is part of the United Kingdom, laws legalizing abortion do not apply, and abortion law has not changed since 1861. In 1983, the Republic of Ireland passed an amendment to its constitution equating the life of a mother with the life of an unborn fetus. Since then, several high-profile court cases were brought to the European Court of Human Rights, which has slowly expanded abortion access in the country.
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Muinzer, Thomas L. "Conceptualising the Energy Constitution: Lessons from Northern Ireland." Energy Policy 140 (May 2020): 111408. http://dx.doi.org/10.1016/j.enpol.2020.111408.
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Butler, William. "The formation of the Ulster Home Guard." Irish Historical Studies 40, no. 158 (November 2016): 230–46. http://dx.doi.org/10.1017/ihs.2016.26.
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AbstractThis article explores the problems encountered in the formation of the Ulster Home Guard, supposedly a direct equivalent to its well-known British counterpart, as part of the paramilitary Ulster Special Constabulary in Northern Ireland, during the Second World War. Predictably, the Ulster Home Guard became an almost exclusively Protestant organisation which led to many accusations of sectarianism from a variety of different national and international voices. This became a real concern for the British government, as well as the army, which understandably wished to avoid any such controversy. Though assumptions had previously been made about the numbers of Catholics in the force, this article explores just how few joined the organisation throughout the war. Additionally, the article investigates the rather awkward constitutional position in which the Ulster Home Guard was placed. Under the Government of Ireland Act, the Stormont administration had no authority on matters of home defence. It did, however, have the power to raise a police force as a way to maintain law and order. Still, the Ulster Home Guard, although formed as part of the Ulster Special Constabulary, was entrusted solely with home defence and this had wider implications for British policy towards Northern Ireland throughout the Second World War.
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Serzhanova, Viktoria, and Adrianna Kimla. "Potencjalny wpływ brexitu na ustrój terytorialny i integralność Zjednoczonego Królestwa Wielkiej Brytanii i Irlandii Północnej." Przegląd Sejmowy 6(161) (2020): 117–43. http://dx.doi.org/10.31268/ps.2020.83.
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Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union is undoubtedly an unprecedented event in the history of the EU. This process encounters many difficulties and reveals an increasing number of problems that contemporary Europe is facing and affects European integration. Even more complications in this area arise as a result of the deadlock in the internal dimension, and in the UK’s relations with the EU. It goes without saying, that this process will result in the need to create a completely new order in the UK’s relations with the EU and will have a huge impact on the global order. The whole process is multidimensional, hence the consequences of leaving the EU by the United Kingdom may have many effects for the UK not only in political and economic sense, but also in the field of its constitutional law and political system, including the area of the state’s territorial arrangement. The purpose of this study is to provide a legal analysis of Brexit’s potential consequences for the territorial system and threats to the territorial integrity of the United Kingdom itself, in particular for the status of its constituent parts and further relations between England and Wales, Scotland, Northern Ireland and Ireland. The risk of the split and disintegration of the United Kingdom as a result of Brexit cannot be overlooked.
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Łukaszewski, Marcin. "Czy parlament może zmienić mężczyznę w kobietę? Granice i miejsce zasady supremacji parlamentu w brytyjskim porządku konstytucyjnym wobec europejskich procesów integracyjnych (wybrane problemy)." Przegląd Politologiczny, no. 2 (June 19, 2018): 71–82. http://dx.doi.org/10.14746/pp.2013.18.2.6.
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The political system of the United Kingdom of Great Britain and Northern Ireland is of interest to researchers for several reasons. One of the most important motivations certainly involves the unique construction of its Constitution, the content of which is not formulated in a single legal act of a supreme status. This unwritten Constitution encompasses at least four parts. The most important part is undoubtedly constituted by one of three principles of the political system, namely the principle of the sovereignty (omnipotence) of parliament. This principle, which is regarded as a constitutional principle by some and as a principle above the Constitution by others, constitutes the core of British constitutional law. The topic of this paper is an attempt to indicate the boundaries of this principle in the British constitutional order and to place it in relation to remaining principles. The boundaries of this principle have been considered by British constitutionalists on numerous occasions. Considerations on the relation of this principle to the remaining elements of the Constitution have been the subject of interest for courts of law, including the House of Lords, which used to function as the court of last instance in judicial proceedings prior to the 2005 reform. It is worth emphasizing that even the lords/judges frequently disagreed on the boundaries of the principle and even on whether the principle can be examined by any court. There were also views that the principle is only a virtual construct, and even if it had ever applied to the political system at all, it can no longer be referred to, given contemporary European integration processes. The complicated combination of elements of the British constitution with the presence of the United Kingdom in the structures of the European Council and European Union (preceded by the European Community) have produced a number of interpretations of the principle of the omnipotence of the parliament in the new political reality the UK has found itself in. It was the adoption of the European Communities Act 1972, followed several decades later by the adoption of the European Union Act 2011 that led to the discussion on the construction of the British Constitution and either the approval or rejection of the concept that the Constitution of the United Kingdom with its meta-principle should be interpreted anew.
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McNamee, Eugene. "Eye witness – memorialising humanity in Steve McQueen’s Hunger." International Journal of Law in Context 5, no. 3 (September 2009): 281–94. http://dx.doi.org/10.1017/s1744552309990127.
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This paper builds on a developing field of enquiry regarding the potency of film as an intervention into normative patterns in popular culture which are recognisable in a legal pluralist sense, and that relate to more standard legal analyses of constitutional development. The argument is developed that Steve McQueen in Hunger has made a film which marries a particular filmic formal device of lingering on highly aestheticised details of human behaviour with an overall filmic sensibility of refusing ‘politics’ in favour of ‘humanity’. The film demonstrates a resounding success, both in critical terms and in having the film accepted on its own terms of ‘humanity’. The suggestion in this paper is that the ongoing processes of ‘dealing with the past’ in Northern Ireland and other post-conflict societies may have something to learn from the marriage of idea and aesthetic form in Hunger.‘People say, “Oh, it’s a political film” but for me it’s essentially about what we, as humans, are capable of, morally, physically, psychologically. What we will inflict and what we will endure.’(McQueen, quoted in O’Hagan, 2008)
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Burbidge, Peter. "Justice and Peace? – The Role of Law in Resolving Colombia's Civil Conflict." International Criminal Law Review 8, no. 3 (2008): 557–87. http://dx.doi.org/10.1163/157181208x308556.
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AbstractThe Colombian Parliament's Justice and Peace law of 2005, introduced by the government of President Alvaro Uribe, allows members of armed groups involved in Colombia's 40-year old conflict to re-enter civilian life by paying an alternative penalty of 5-8 years' prison, even where their crimes concern mass-murder. The process is conditional on a full confession and the proper recompense for the victims. The Law however benefits primarily the pro-state paramilitaries, as the left-wing guerrilla groups have yet to make peace, and has thus been described as a transitional justice system without the transition. This article considers the provisions of the 2005 law against the background of the Constitutional Court's 2006 decision on its validity and the requirements of international criminal law and human rights law. It considers whether it satisfies the requirements of the International Criminal Court, which has jurisdiction over Colombia's conflict but with an opt-out till 2009 for war-crimes. Will the process resolve the problem of Colombia's "impunity" – the failure to prosecute paramilitary crimes - which has been condemned by the Inter-American Court of Human Rights? In conclusion it compares the process to other transitional justice systems in South Africa and Northern Ireland.
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Gormley-Heenan, Cathy, and Arthur Aughey. "Northern Ireland and Brexit: Three effects on ‘the border in the mind’." British Journal of Politics and International Relations 19, no. 3 (June 8, 2017): 497–511. http://dx.doi.org/10.1177/1369148117711060.
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For those who spoke on behalf of Leave voters, the result on 23 June 2016 meant the people of the United Kingdom were taking back ‘control’ or getting their ‘own country back’. However, two parts of the United Kingdom did not vote Leave: Scotland and Northern Ireland. Here, the significant counterpoint to ‘taking back control is “waking up in a different country”’, and this sentiment has unique political gravity. Its unique gravity involves two distinct but intimately related matters. The first concerns the politics of identity. The vote was mainly, if not entirely, along nationalist/unionist lines, confirming an old division: unionists were staking a ‘British’ identity by voting Leave, and nationalists an Irish one by voting Remain. The second concerns borders. The Good Friday/Belfast Agreement of 1998 meant taking the border out of Irish politics. Brexit means running the border between the European Union (EU) and the United Kingdom across the island as a sovereign ‘frontier’. Although this second matter is discussed mainly in terms of the implications for free movement of people and goods, we argue that it is freighted with meanings of identity. Brexit involves a ‘border in the mind’, those shifts in self-understanding, individually and collectively, attendant upon the referendum. This article examines this ‘border in the mind’ according to its effects on identity, politics and the constitution, and their implications for political stability in Northern Ireland.
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Ewing, Keith. "The political constitution of emergency powers: a comment." International Journal of Law in Context 3, no. 4 (December 2007): 313–18. http://dx.doi.org/10.1017/s1744552307004041.
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The United Kingdom had the experience of at least five different kinds of emergency throughout the twentieth century. The first and most serious is war, though not all wars (including the wars in Iraq and Afghanistan) create or created national emergencies. Nevertheless, the world wars of 1914–1918 and 1939–1945 almost certainly did, especially in the latter case with its risk – albeit short-lived – of invasion by a foreign power. The other causes of emergency were: second, the long-term internal conflict in Northern Ireland in what seemed like a separatist armed struggle, with one community pitted against another, and against the State (1969–2007); third, short-term but large-scale industrial action, which in at least one case (1926) was thought to border on the subversive; while the fourth has been an array of natural disasters, sometimes caused by adverse weather conditions, and sometimes caused by disease; finally, and most recently, there is the threat posed by international terrorism in the wake of 9/11 and our experiences in London in July 2005. Although emergency situations can thus arise for a host of reasons, it might be argued that the foregoing list is far from complete, with a sixth category of emergency being the various economic and fiscal crises that have engulfed the country from time to time, notably in 1931, when emergency powers were taken, and again after the end of World War II, when the country was financially exhausted by the demands of conflict.
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Martinez Guerra, Amparo. "Edad sexual y exclusión de la responsabilidad penal. Fundamentos del Derecho anglosajón." Revista de Derecho Penal y Criminología, no. 23 (January 21, 2021): 67–106. http://dx.doi.org/10.5944/rdpc.23.2020.27045.
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En los últimos años, la protección de menores frente comportamientos de abuso y explotación sexual ha sido una de las preocupaciones principales en los sistemas legales de Derecho continental y anglosajón. La respuesta de los Legisladores penales ha sido la elevación de la edad de consentimiento sexual de los menores de edad. Sin embargo, la medida provoca problemas interpretativos de índole constitucional que no pueden ser obviados. Por un lado, la posible afectación del derecho fundamental a la privacidad de los propios menores (desarrollo de su sexualidad). Por otro, la proporcionalidad de la sanción penal prevista para ese tipo de delitos, así como los efectos de la inscripción en los Registros de Delincuentes sexuales. En España, la modificación de la LO 1/2015, de 30 de marzo, elevó la edad de consentimiento sexual a los 16 años. La reforma también incluyó el nuevo art. 183 quáter, que permite al Tribunal eximir de responsabilidad penal cuando autor y víctima sean “próximos por edad y grado de desarrollo o madurez”. En los sistemas penales anglosajones esta cláusula, denominada “cláusula de escape” o “cláusula Romeo y Julieta”, es una de las piezas centrales del delito del statutory rape o delito de violación definido por estatuto. Este artículo examina los orígenes, configuración y el fundamento de la exclusión de la responsabilidad penal por “cercanía en edad o desarrollo” en los Estados Unidos de América (sistemas federal y estatal), Reino Unido e Irlanda del Norte, República de Irlanda y Canadá. El artículo analiza también la jurisprudencia más importante al respecto y los problemas constitucionales derivados de las nuevas las edades de consentimiento.In recent years the protection of minors against sexual abuse and exploitation has been one of the main concerns in the Civil and Common Law legal systems. The response of the Criminal Legislators has been the raise of the age of sexual consent of minors. However, this measure causes constitutional problems that cannot be ignored. On the one hand, the conflict with the minor fundamental right of privacy (development of the sexuality). On the other hand, the proportionality of the criminal sanction provided for such crimes, as well as the effects of the registration in the Sex Offenders Registry. In Spain, the amendment introduced by the Organic Law 1/2015, of March 30, raised the age of sexual consent to 16 years. The Law created the new article 183 quater in the Criminal Code to allow the Court to exempt from criminal responsibility when the defendant and the victim are «close in age and development or maturity». In Common Law criminal systems that clause, called «escape clause» or «Romeo and Juliet clause» is one of the central pieces of the statutory rape. This article examines the origins, the elements and the rationale of the exclusion of criminal responsibility for «close in age and development» in the United States of America (federal and state law), the United Kingdom and Northern Ireland, Ireland and Canada. The article analyses the most important case-law regarding the constitutional problems arising from the new ages of consent.
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Irkhin, I. V. "The Main Scenarios for the Formation of Territorial Autonomies in the Modern World (Constitutional and Legal Aspect)." Lex Russica, no. 2 (February 1, 2019): 132–50. http://dx.doi.org/10.17803/1729-5920.2019.147.2.132-150.
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As part of the analysis of the practices of institutionalization of constitutional and legal status of territorial autonomies of Bolivia, Great Britain, Denmark, India, Indonesia, Canada, China, Moldova, Uzbekistan, Finland on the basis of the criteria and methods of their formation, it is indicated that there are two main scenarios. According to the first one, territorial autonomies are formed on the basis of international and national legal acts. The second scenario assumes the formation of autonomies based on national legal acts only.In the structure of the first scenario, territorial autonomies formed as a result of negotiations between the parties to the conflict (confrontation model) and in the Directive order (Directive model) are separated. In the structure of the second scenario, territorial autonomies established following the negotiations on the basis a peaceful compromise or as a result of confrontation (consensus and confrontation models), as well as autonomies formed unilaterally (policy model) are highlighted.The conceptual requirements for the successful institutionalization of territorial autonomy are as follows: the presence of rooted in society and the state traditions of democracy and the rule of law; the establishment of a real regime of internal self-government; limited material and financial resources and the resulting dependence on the state; the absence of disputes about sovereignty; clarity of the formal legal structure of the constitutional legal status; small population and the territory of autonomy. In this case, the structure and content of these requirements are very mobile, and therefore can be combined in different proportions with different specific gravity.Typical examples of the most stable territorial autonomies (in terms of territorial integrity and unity of the state), in which these conditions are present in different volumes, are the autonomies of Bolivia, the Aland Islands, the Faroe Islands, Hong Kong and Macao. This category can also include Karakalpakstan and Nunavut because of their total dependence on the support of national governments.In turn, the potential for the development of separatist tendencies remains in the UK (Scotland, Northern Ireland), India, Indonesia, China (Tibet), Moldova, and the Philippines.
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López Basaguren, Alberto. "Brexit: la secesión de la Unión Europea entre teoría y realidad." Teoría y Realidad Constitucional, no. 40 (January 17, 2018): 111. http://dx.doi.org/10.5944/trc.40.2017.20903.
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El proceso de retirada de la UE (Brexit) plantea cuestiones de gran trascendencia en el Derecho Constitucional británico y en el de la UE, a la luz del artículo 50 TUE. Algunos de los problemas planteados en el Derecho británico se han resuelto por la Supreme Court en el asunto Miller; pero otros siguen abiertos: el papel del Parlamento en la adaptación del derecho de la UE, que el Gobierno pretende desplazar a través de la asunción de una ilimitada delegación de poderes (la cláusula Enrique VIII); o el de los territorios autónomos, que pretenden ser marginados de la recuperación de competencias de la UE. El resultado de las negociaciones puede poner en riesgo la cohesión interna británica, tanto con Escocia como con Irlanda del Norte. Y las condiciones de la retirada y de las relaciones futuras entre ambos —especialmente en caso de falta de acuerdo— pueden afectar gravemente a la estabilidad económica del RU. El derecho formal a la retirada queda, así, profundamente condicionado por su viabilidad práctica.The withdrawal process from the EU (Brexit) raises issues of great significance both in British constitutional law and in EU law, according to Article 50 TEU. Some of the issues raised in the British legal system have been settled by the Supreme Court in the Miller case; but there are others still to be clarified: the role of Parliament in the task of adapting EU law, which the Government is attempting to replace via an unlimited delegation of powers (the Henry VIII clauses); or that of the devolved bodies, which the Government is seeking to exclude from the recovery of powers from the EU. The outcome of the negotiations may jeopardize British internal cohesion, in relation to both Scotland and Northern Ireland. And the circumstances of withdrawal and future relations between the UK and the EU —especially in the case of no deal— could seriously affect the UK’s economic wealth and stability. The formal right to withdrawal is thus deeply conditioned by its practical feasibility.
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Ginty, Roger Mac, Rick Wilford, Lizanne Dowds, and Gillian Robinson. "Consenting Adults: The Principle of Consent and Northern Ireland's Constitutional Future." Government and Opposition 36, no. 4 (October 2001): 472–92. http://dx.doi.org/10.1111/1477-7053.00077.
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‘If A Majority Of People In Northern Ireland Ever Voted To become part of a United Ireland what would you do?’ At first sight the question may seem plucked from the realms of constitutional fantasy. A united Ireland seems an unlikely prospect, at least in anything but the long term. Even proponents of unity predict a 15–20 year wait. Yet the 1998 Good Friday Agreement empowers the people of Northern Ireland to decide their own constitutional future. As a result questions on Northern Ireland's future constitutional status, and public reactions to possible changes in that status, are relevant to current political debate.It is important to note that the principle of consent is not a new constitutional invention. It has had a long association with Northern Ireland. It is argued that the peace process and the 1998 Good Friday Agreement have refocused attention on the long-standing consent principle. While consent was part of the constitutional furniture it was often overlooked during the Troubles.This article re-examines consent in the light of the peace process. It draws on evidence from the 1998 and 1999/2000 Northern Ireland Life and Times surveys, as well as a number of in-depth interviews with senior politicians and policy-makers involved in the peace process and the negotiations on a political settlement. First it considers the changing significance of the consent principle to Northern Ireland's constitutional status, arguing that the principle has assumed a renewed immediacy. Secondly, the article reports the findings of the two most recent Northern Ireland Life and Times surveys in relation to constitutional preferences. While public attitudes towards a unitary Ireland or continued Union within the United Kingdom have been surveyed regularly, as far as the authors are aware no previous survey has asked whether people would accept or oppose constitutional change if it was supported by a majority of Northern Ireland's citizens. In other words, no survey has gauged the level of public acceptance of the consent principle. The key question is: would unionists be prepared to come quietly if a majority of Northern Ireland's citizens voted to accept a united Ireland?
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Walker, Graham. "Scotland and Northern Ireland: Constitutional Questions, Connections and Possibilities." Government and Opposition 33, no. 1 (January 1998): 21–37. http://dx.doi.org/10.1111/j.1477-7053.1998.tb00781.x.
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IN HER SUBMISSION TO THE OPSAHL HEARINGS ON THE NORTHERN Ireland problem in 1993, the literary and cultural critic Edna Longley made a simple point about the ‘Anglo-Irish Agreement’. This term for what was a pact between the UK and Republic of Ireland governments is, she argued, a misnomer: ‘[It] obscures the contested area, and panders to the belief – in both London and Dublin – that the UK is coterminous with England.’ Longley later urged that the Northern Ireland problem should be viewed more widely, in its proper context as part of the ‘melting pot’ of cultures of the two islands, Britain and Ireland.
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Hadfield, Brigid. "Northern Ireland – The Protection of Civil Liberties in Northern Ireland." European Public Law 3, Issue 4 (December 1, 1997): 513–18. http://dx.doi.org/10.54648/euro1997048.
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Dickson, Brice. "Law Reform in Northern Ireland." Legal Information Management 11, no. 3 (September 2011): 155–58. http://dx.doi.org/10.1017/s1472669611000533.
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Brown, A. "Women and Constitutional Change in Scotland and Northern Ireland." Parliamentary Affairs 55, no. 1 (January 1, 2002): 71–84. http://dx.doi.org/10.1093/parlij/55.1.71.
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Dingle, Lesley, and Bradley Miller. "A summary of recent constitutional reform in the United Kingdom." International Journal of Legal Information 33, no. 1 (2005): 71–102. http://dx.doi.org/10.1017/s0731126500004650.
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The United Kingdom of Great Britain and Northern Ireland consists of four countries: England, Northern Ireland, Scotland and Wales. Legislative competence for the UK resides in the Westminster Parliament, but there are three legal systems (England and Wales, Northern Ireland, and Scotland) with separate courts and legal professions. These legal systems have a unified final court of appeal in the House of Lords. The Isle of Man, and the two Channel Islands (Guernsey and Jersey) are not part of the UK, but possessions of the crown. Although their citizens are subject to the British Nationality Act 1981, the islands have their own legal systems. They are represented by the UK government for the purposes of international relations, but are not formal members of the European Union.
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O’Halloran, Kerry. "Northern Ireland." Adoption & Fostering 46, no. 3 (October 2022): 340–44. http://dx.doi.org/10.1177/03085759221129878a.
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O’Halloran, Kerry. "Northern Ireland." Adoption & Fostering 46, no. 2 (July 2022): 208–13. http://dx.doi.org/10.1177/03085759221107310a.
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O’Halloran, Kerry. "Northern Ireland." Adoption & Fostering 46, no. 1 (March 2022): 90–95. http://dx.doi.org/10.1177/03085759221086567a.
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O’Halloran, Kerry. "Northern Ireland." Adoption & Fostering 45, no. 3 (October 2021): 332–35. http://dx.doi.org/10.1177/03085759211044446a.
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O’Halloran, Kerry. "Northern Ireland." Adoption & Fostering 45, no. 2 (July 2021): 218–22. http://dx.doi.org/10.1177/03085759211025659a.
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O'Halloran, Kerry. "Northern Ireland." Adoption & Fostering 25, no. 2 (July 2001): 67–69. http://dx.doi.org/10.1177/030857590102500213.
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