Judicial Review In Northern Ireland
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| Author | : Gordon Anthony |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 439 |
| Release | : 2014-10-01 |
| Genre | : Law |
| ISBN | : 1782252320 |
This is the second edition of Hart's leading book on the principle and practice of judicial review in Northern Ireland. Providing a fully updated account of the ever-burgeoning body of case law, this book divides into eight chapters that consider the purposes of judicial review; the nature of the public-private divide in Northern Ireland law; the judicial review procedure; the grounds for review; and remedies. As with the first edition, the book focuses on case law that is unique to Northern Ireland, and the book identifies some important differences between principle and practice in Northern Ireland and England and Wales. It also considers the leading Human Rights Act decisions of the Northern Ireland courts and the House of Lords and UK Supreme Court. The book has been written primarily for practitioners of judicial review and uses numbered paragraphs for ease of reference. The book is, however, of much wider interest and is a valuable resource for academics and students alike. Much of the Northern Ireland case law has been concerned with contentious political issues, and the courts have had to consider difficult questions of the constitutional limits to the judicial role in review proceedings. The book should therefore be of use not just to practitioners but also to those involved in the study of judicial reasoning in different jurisdictions (both within the UK and elsewhere).
| Author | : Gordon Anthony |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 405 |
| Release | : 2024-02-22 |
| Genre | : Law |
| ISBN | : 1509933166 |
The 3rd edition of this leading text provides a detailed account of the purposes of judicial review; the nature of the public-private divide in Northern Ireland law; the judicial review procedure; the grounds for review; and remedies. As with the previous editions, the focus is on case law that is unique to Northern Ireland, and the book identifies some important differences between principle and practice in Northern Ireland and England and Wales. These now include differences resulting from the Ireland-Northern Ireland Protocol (as amended by the Windsor Framework), and this edition explains how and when EU law continues to apply in Northern Ireland. It also considers the leading Human Rights Act decisions of the Northern Ireland courts and the House of Lords and UK Supreme Court. The new edition refers to case law from the courts in England and Wales and Scotland; the Court of Justice of the European Union; and the European Court of Human Rights. There is a particular focus on recent rulings of the High Court and Court of Appeal in Northern Ireland and of rulings of the Supreme Court in cases heard on appeal from Northern Ireland. It considers the main points of the Judicial Review Practice Direction 03-2018 and surveys the European Union (Withdrawal) Act 2018 and its implications for Northern Ireland (including the incorporation of the Ireland-Northern Ireland Protocol, as amended by the Windsor Framework). The book will be of use to practitioners in Northern Ireland and the rest of the UK, and also to those involved in the study of judicial reasoning in different jurisdictions (both within the UK and elsewhere).
| Author | : Máiréad Enright |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 701 |
| Release | : 2017-02-09 |
| Genre | : Law |
| ISBN | : 1509908943 |
The Northern/Irish Feminist Judgments Project inaugurates a fresh dialogue on gender, legal judgment, judicial power and national identity in Ireland and Northern Ireland. Through a process of judicial re-imagining, the project takes account of the peculiarly Northern/Irish concerns in shaping gender through judicial practice. This collection, following on from feminist judgments projects in Canada, England and Australia takes the feminist judging methodology in challenging new directions. This book collects 26 rewritten judgments, covering a range of substantive areas. As well as opinions from appellate courts, the book includes fi rst instance decisions and a fi ctional review of a Tribunal of Inquiry. Each feminist judgment is accompanied by a commentary putting the case in its social context and explaining the original decision. The book also includes introductory chapters examining the project methodology, constructions of national identity, theoretical and conceptual issues pertaining to feminist judging, and the legal context of both jurisdictions. The book, shines a light on past and future possibilities - and limitations - for judgment on the island of Ireland. 'This book provides a rich and expansive addition to the feminist judgments catalogue. The ... judgments demonstrate powerfully how Northern/Irish judges have contributed to the gendered politics of national identity, and how the narrow subject-positions they have created for women and 'others' could have been so much wider and more open.' Professor Rosemary Hunter, School of Law, Queen Mary University London. 'The Northern/Irish Feminist Judgments Project is inspirational reading for anyone interested in feminism or Irish studies ... It is a model of how to conduct feminist enquiry. Its most innovative contribution to scholarship and politics is how the rewriting of landmark legal judgments from a feminist perspective allows us to imagine (and therefore begin to construct) a more egalitarian, a more just, future.' Associate Professor Katherine O'Donnell, School of Philosophy, University College Dublin. If you let it, this book will make you think. ... It made me think – it reminded me, I suppose – that legal writing can be wonderful: rigorous, creative, deeply observant, provocative. Read it and see what it makes you think. Professor Thérèse Murphy, School of Law, Queen's University Belfast
| Author | : Judicial College |
| Publisher | : OUP Oxford |
| Total Pages | : 137 |
| Release | : 2012-09-20 |
| Genre | : Law |
| ISBN | : 0191641847 |
This is the standard reference work for general damages in personal injury claims, and essential reading for all those involved in the area of personal injury. The Guidelines are designed to provide a clear and logical framework for the assessment of general damages while leaving the discretion of the assessor unfettered, since every case must depend to a degree on its own facts. They provide an invaluable guide to all those involved in personal injury litigation. As with previous editions, all judges involved in hearing personal injury cases will automatically receive a copy of the book. This eleventh edition has been fully updated to take account of inflation and decisions made in the two years since the previous edition and includes a foreword written by The Right Honourable Dame Janet Smith DBE.
| Author | : Hugh Southey |
| Publisher | : Jordan Publishing (GB) |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : Administrative remedies |
| ISBN | : 9781784730963 |
Judicial Review: A Practical Guide is a handbook which aims to be a first port of call in all matters concerning judicial review applications, whether in civil or criminal proceedings. This new edition has been significantly amended to take account of the following developments in law and practice, including: * Development of the Unified Tribunal system with transfers of judicial reviews * Regionalisation of Administrative Court * Clear development of mistake of fact as a mistake of law * Increasing understanding of the impact of the Human Rights Act * Limitations upon judicial review in the context of immigration * Ongoing case-law developments * Changes to Appeals (CPR Pt 52) * Developments in costs and funding In addition to the authors' commentary, Judicial Review: A Practical Guide contains over 20 precedents covering all aspects of the litigation process, together with all the main legislative and judicial materials.
| Author | : John Jackson |
| Publisher | : Oxford University Press on Demand |
| Total Pages | : 322 |
| Release | : 1995 |
| Genre | : Political Science |
| ISBN | : 9780198258896 |
Cases connected with the troubles in Northern Ireland have been tried by a judge sitting without a jury in `Diplock Courts'. Given the symbolic importance of the jury within the common law tradition, this study offers the first systematic comparison of the process of trial by judge alone withthat of trial by jury. The authors determine the impact of the replacement of jury trial with trial by a professional judge on the adversarial character of the criminal trial process.
| Author | : Lauren Dempster |
| Publisher | : Routledge |
| Total Pages | : 223 |
| Release | : 2019-06-11 |
| Genre | : History |
| ISBN | : 1351239368 |
This book employs a transitional justice lens to address the ‘disappearances’ that occurred during the Northern Ireland conflict – or ‘Troubles’ – and the post-conflict response to these ‘disappearances.’ Despite an extensive literature around ‘dealing with the past’ in Northern Ireland, as well as a substantial body of scholarship on ‘disappearances’ in other national contexts, there has been little scholarly scrutiny of ‘disappearances’ in post-conflict Northern Ireland. Although the Good Friday Agreement brought relative peace to Northern Ireland, no provision was made for the establishment of some form of overarching truth and reconciliation commission aimed at comprehensively addressing the legacy of violence. Nevertheless, a mechanism to recover the remains of the ‘disappeared’ – the Independent Commission for the Location of Victims’ Remains (ICLVR) – was established, and has in fact proven to be quite effective. As a result, the reactions of key constituencies to the ‘disappearances’ can be used as a prism through which to comprehensively explore issues of relevance to transitional justice scholars and practitioners. Pursuing an interdisciplinary approach, and based on extensive empirical research, this book provides a multifaceted exploration of the responses of these constituencies to the practice of ‘disappearing.’ It engages with transitional justice themes including silence, memory, truth, acknowledgement, and apology. Key issues examined include the mobilisation efforts of families of the ‘disappeared,’ efforts by a (former) non-state armed group to address its legacy of violence, the utility of a limited immunity mechanism to incentivise information provision, and the interplay between silence and memory in the shaping of a collective, societal understanding of the ‘disappeared.’
| Author | : Harry Woolf |
| Publisher | : |
| Total Pages | : 1196 |
| Release | : 2018 |
| Genre | : Judicial review |
| ISBN | : 9780414064041 |
"The new edition deals with domestic grounds of review, challenges under the Human Rights Act 1998 and the use of European Community law in judicial review. It: provides solutions to the most complex legal problems relating to judicial review; analyses both the theoretical foundations of the subject and its practice; supplies comprehensive guidance on what to do at every stage of an action for judicial review; explains the impact of the latest case law and procedural developments; sets judicial review in the context of the fast-changing administrative justice system (including 'proportionate dispute resolution', the new tribunal system, recourse to ombudsmen); and draws on relevant experience from other Commonwealth jurisdictions, especially Australia, Canada, India, New Zealand and South Africa."--
| Author | : Brice Dickson |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 521 |
| Release | : 2018-06-28 |
| Genre | : Law |
| ISBN | : 1509919279 |
Law in Northern Ireland is the essential textbook for all students of Northern Ireland's legal system. Changes to this new edition – some of them substantial – have been made to every section, taking full account of five years of developments. The book explores the evolution of law-making in Northern Ireland before going on to explain the relevant constitutional arrangements, how to identify and interpret applicable sources of law, and what are the fundamental rules and principles of public law, criminal law and private law, highlighting where appropriate what may be unusual about them. It contextualises the myriad of legal institutions operating in the jurisdiction, sets out how criminal and civil proceedings work in practice and provides useful information on how people become lawyers, what lawyers actually do once they become qualified and how the legal system is funded. The appendices set out some sample sources of law so that readers can familiarise themselves with what is involved in handling legal documents. The language throughout is accessible and there are Tables of Cases and Legislation, as well as a comprehensive index.
| Author | : Tim Crook |
| Publisher | : Routledge |
| Total Pages | : 199 |
| Release | : 2013-03-12 |
| Genre | : Social Science |
| ISBN | : 1136154930 |
As media law becomes more complicated and some of the leading textbooks thicker and larger, this concise guide provides core information without patronizing those with existing knowledge or bamboozling those with little expertise. Suitable for journalists, media workers, and anyone in the cultural or publishing industries, the book engages and addresses the Internet and blogging, social networking, instant messaging, digital multi-media publication and consumption as well as traditional print and broadcast. Each chapter covers substantive 'black letter law' and regulation/ethics, and kept in mind throughout will be the difference in duties and obligations between words and pictures, print and broadcasting. The focus is on the law relating to England & Wales, but with references to key differences to bear in mind in Scotland and Northern Ireland. Chapters start with bullet points, then flesh out the details and summarize pitfalls to avoid. Readers are left in no doubt about liabilities and potential penalties. Anticipating a dynamically changing arena, the text is also backed up by downloadable sound podcasts, videocasts, Internet source links throughout the book text, and a companion website so that any significant updates are immediately accessible direct from the ebook. Visit: https://ukmedialawpocketbook.wordpress.com/
