The Northern Ireland Constitution
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| Author | : Mary C. Murphy |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2022 |
| Genre | : LAW |
| ISBN | : 9781788214117 |
The UK's decision to leave the EU has opened up huge existential questions for Northern Ireland as it marks its centenary. Constitutional conflict in Northern Ireland had been regarded as largely resolved and settled, but Brexit has altered the wider constitutional framework within which the 1998 Good Friday Agreement is situated. With the question of Irish unity gaining renewed and sustained traction, and with trade, relationships and politics across "these islands" in a state of flux, Northern Ireland approaches a constitutional moment. Murphy and Evershed examine the factors, actors and dynamics that are most likely to be influential, and potentially transformative, in determining Northern Ireland's constitutional future. This book offers an assessment of how Brexit and its fallout may lead to constitutional upheaval, and a cautionary warning about the need to prepare for it.
| Author | : Sylvia de Mars |
| Publisher | : Policy Press |
| Total Pages | : 167 |
| Release | : 2018-08-23 |
| Genre | : Law |
| ISBN | : 1447346203 |
Available Open Access under CC-BY-NC licence. How does Brexit change Northern Ireland’s system of government? Could it unravel crucial parts of Northern Ireland’s peace process? What are the wider implications of the arrangements for the Irish and UK constitutions? Northern Ireland presents some of the most difficult Brexit dilemmas. Negotiations between the UK and the EU have set out how issues like citizenship, trade, the border, human rights and constitutional questions may be resolved. But the long-term impact of Brexit isn’t clear. This thorough analysis draws upon EU, UK, Irish and international law, setting the scene for a post-Brexit Northern Ireland by showing what the future might hold.
| Author | : Oran Doyle |
| Publisher | : Cambridge University Press |
| Total Pages | : 353 |
| Release | : 2021-08-26 |
| Genre | : History |
| ISBN | : 110883292X |
Evaluates the pressures, both institutional and territorial, that Brexit exerts on both the United Kingdom and Irish constitutional orders.
| Author | : Laura Cahillane |
| Publisher | : Manchester University Press |
| Total Pages | : 421 |
| Release | : 2016-07-01 |
| Genre | : Law |
| ISBN | : 1526100193 |
This book provides an account of the drafting of the Irish Free Constitution of 1922, analysing the document in its historical context and exploring the reasons for its lack of success
| Author | : George J. Mitchell |
| Publisher | : Knopf |
| Total Pages | : 258 |
| Release | : 2012-08-08 |
| Genre | : Political Science |
| ISBN | : 0307824489 |
Fifteen minutes before five o'clock on Good Friday, 1998, Senator George Mitchell was informed that his long and difficult quest for an Irish peace accord had succeeded--the Protestants and Catholics of Northern Ireland, and the governments of the Republic of Ireland and the United Kingdom, would sign the agreement. Now Mitchell, who served as independent chairman of the peace talks for the length of the process, tells us the inside story of the grueling road to this momentous accord. For more than two years, Mitchell, who was Senate majority leader under Presidents Bush and Clinton, labored to bring together parties whose mutual hostility--after decades of violence and mistrust--seemed insurmountable: Sinn Fein, represented by Gerry Adams; the Catholic moderates, led by John Hume; the majority Protestant party, headed by David Trimble; Ian Paisley's hard-line unionists; and, not least, the governments of the Republic of Ireland and the United Kingdom, headed by Bertie Ahern and Tony Blair. The world watched as the tense and dramatic process unfolded, sometimes teetering on the brink of failure. Here, for the first time, we are given a behind-the-scenes view of the principal players--the personalities who shaped the process--and of the contentious, at times vitriolic, proceedings. We learn how, as the deadline approached, extremist violence and factional intransigence almost drove the talks to collapse. And we witness the intensity of the final negotiating session, the interventions of Ahern and Blair, the late-night phone calls from President Clinton, a last-ditch attempt at disruption by Paisley, and ultimately an agreement that, despite subsequent inflammatory acts aimed at destroying it, has set Northern Ireland's future on track toward a more lasting peace.
| Author | : |
| Publisher | : Oxford University Press |
| Total Pages | : 337 |
| Release | : 2024-03-05 |
| Genre | : Political Science |
| ISBN | : 0198881940 |
Brexit and the Northern Ireland Constitution considers the intersection of two processes: the complex and constitutional process of the United Kingdom's withdrawal from the European Union - Brexit - and the steady yet fragile development of the Northern Ireland constitution deriving, primarily, from the Belfast 'Good Friday' Agreement of 1998. Interdisciplinary in approach, the analysis draws on legal and political theory to develop a novel framework for assessing the progressive impact of Brexit on the Northern Ireland constitution based on systematic definitions of both. This approach elucidates dynamics and implications not yet considered in the otherwise extensive debates about Brexit and its impacts on Northern Ireland. Based on detailed analysis of the Brexit process it is argued that its impact on the constitution of Northern Ireland has been profound. Fundamentally, Brexit changed the political and legal environment in which the Northern Ireland constitution had existed for over twenty years. Embracing 'constructive ambiguity' the 1998 Agreement recognises and accommodates the concerns of both unionists and nationalists in Northern Ireland; it did not therefore solve the constitutional conflict but rather allowed it to be managed differently through an innovative system of multileveled governance: within Northern Ireland (power-sharing devolution), on the island of Ireland (North-South cooperation), and between the islands of Great Britain and Ireland (East-West cooperation) all underpinned by a multifaceted principle of constitutional, popular, and cross-community consent. By forcing a paradigmatic shift in the way that the systems of government established by the 1998 Agreement operate, Brexit disrupted the 'constructively ambiguous' compromise that it represents. Completed two years after the legal implementation of UK withdrawal from the EU, Whitten concludes by considering the potential longer-term constitutional repercussions of Brexit both within and beyond Northern Ireland's (recently notorious) borders.
| Author | : Jennifer Kavanagh |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2018 |
| Genre | : Constitutional law |
| ISBN | : 9781911611066 |
"Constitutional Law in Ireland" is an essential guide to the core principles and provisions of Irish Constitutional Law and is a new addition to the student focused Core Text Series. This book is written primarily for third level students who are covering Irish Constitutional Law as part of their law degree or related studies. Designed and written as an introductory text to the key principles of Irish constitutional law this book covers all the basic aspects of constitutional law, including the following: The constitutional history of Ireland; The concepts of the Nation and State with relation to the constitutional position of Northern Ireland, Ireland in the EU and International Relations; A consideration of the doctrine of the separation of powers, the organisation and powers of the organs of government, including the Oireachtas, the Cabinet, the Courts and the President; Constitutional Rights including Family, Life, Education and constitutional justice; The process of constitutional interpretation, amendment and reform including a consideration of proposed referendums. "Constitutional Law in Ireland" is an excellent introduction to this key area of undergraduate study, and can also be used as an ongoing revision and reference source to provide extra support to students throughout their studies. (Series: The Core Text Series) [Subject: Constitutional Law, Irish Law]
| Author | : N. W. Barber |
| Publisher | : Oxford University Press |
| Total Pages | : 401 |
| Release | : 2021-09-30 |
| Genre | : Law |
| ISBN | : 0192593447 |
This volume provides an introduction to the United Kingdom's constitution that recognises and embraces its historical, social, political, and legal dimensions. It critically examines the radical changes to the UK constitution that have occurred over the last thirty years, paying particular attention to the revival of the constituent territories of the UK - Wales, Scotland, Northern Ireland, and England - and to the increasing role played by the judges in constitutional disputes. The UK constitution is presented as being shaped by a set of constitutional principles, including state sovereignty, separation of powers, democracy, subsidiarity, and the rule of law, principles which set the overall structure of the constitution and inform statutes and the decisions of judges. Adopting a principled approach to the UK constitution allows us to see both the clarity of the constitution's structure and also helps explain its complexities.
| Author | : Gerard Hogan |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 3184 |
| Release | : 2018-12-13 |
| Genre | : Law |
| ISBN | : 1784516686 |
This seminal work, recognised as the authoritative and definitive commentary on Ireland's fundamental law, provides a detailed guide to the structure of the Irish Constitution. Each Article is set out in full, in English and Irish, and examined in detail, with reference to all the leading Irish and international case law. It is essential reading for all who require knowledge of the Irish legal system and will prove a vital resource to legal professionals, students and scholars of constitutional and comparative law. This new edition is fully revised and reflects the substantive changes that have occurred in the 15 years since its last edition and includes expansion and major revision to cover the many constitutional amendments, significant constitutional cases, and developing trends in constitutional adjudication. The recent constitutional changes covered in this new edition include: * The 27th Amendment abolished the constitutional jus soli right to Irish Nationality. * The 28th Amendment allowed the State to ratify the Lisbon Treaty. * The 29th Amendment relaxed the prohibition on the reduction of the salaries of Irish judges. * The 30th Amendment allowed the State to ratify the European Fiscal Compact. * The 31st Amendment was a general statement of children's rights and a provision intended to secure the power of the State to take children into care. * The 33rd Amendment mandated a new Court of Appeal * The 34th Amendment prohibited restriction on civil marriage based on sex. * The 36th Amendment allowed the Oireachtas to legislate for abortion. New sections include a look at the impact of the Constitution on substantive criminal law, and a detailed treatment of the impact of Article 40.5, protecting the inviolability of the dwelling, on both criminal procedure and civil law. Other sections have been expanded with in-depth analysis of referendums, challenges to campaigns and results, coverage of Oireachtas privilege, changes in constitutional interpretation, private property rights, and judicial independence. In particular extensive rewriting has taken place on the section dealing with the provisions relating to the courts contained in Article 34 following the establishment of the Court of Appeal and the far-reaching changes to the appellate structure from the 33rd Amendment of the Constitution Act 2013.
| Author | : Basil Chubb |
| Publisher | : |
| Total Pages | : 174 |
| Release | : 1991 |
| Genre | : Law |
| ISBN | : |
