The Court of Appeal in Northern Ireland

The Court of Appeal in Northern Ireland
Author: Conor McCormick
Publisher: Policy Press
Total Pages: 124
Release: 2024-11-07
Genre: Law
ISBN: 152924174X
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Available open access digitally under CC-BY-NC-ND licence. The Court of Appeal in Northern Ireland has functioned without interruption for over a century, yet its intermediate position can obscure the importance of its judgments. This book demonstrates the Court of Appeal’s pivotal role in securing justice, both by correcting lower court decisions and by developing the common law. It examines, in particular, how the Court has applied and developed the rule of law in a post-conflict society. Authored by experts in the law of Northern Ireland, this compelling text is based on archival research, statistical and qualitative case analyses, court observations, and exclusive interviews with senior judges.

Northern / Irish Feminist Judgments

Northern / Irish Feminist Judgments
Author: Máiréad Enright
Publisher: Bloomsbury Publishing
Total Pages: 701
Release: 2017-02-09
Genre: Law
ISBN: 1509908943
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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

Constitutional Reform Act 2005

Constitutional Reform Act 2005
Author: Great Britain
Publisher: The Stationery Office
Total Pages: 78
Release: 2005-07-04
Genre: Law
ISBN: 9780105604051
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These notes refer to the Constitutional Reform Act 2005 (c. 4) (ISBN 0105407054) which received Royal Assent on 24 March 2005.

Judicial Review in Northern Ireland

Judicial Review in Northern Ireland
Author: Gordon Anthony
Publisher: Bloomsbury Publishing
Total Pages: 405
Release: 2024-02-22
Genre: Law
ISBN: 1509933166
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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).

Law for Criminologists

Law for Criminologists
Author: Ursula Smartt
Publisher: SAGE
Total Pages: 316
Release: 2008-11-13
Genre: Law
ISBN: 1446243699
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′This book is a triumph in its clarity, scholarship and sheer scope. It is increasingly vital that criminologists understand crime and the criminal justice system in depth, and Ursula Smartt unmasks the mysteries and lays bare the complexities of law like few other writers on the subject. This is the book on criminal law that should be on the shelf of everyone connected to the criminal law′ - Baroness Helena Kennedy QC ′Law for Criminologists is a timely and concise introduction for those in criminology and law. Combining accessibility and scholarship, it will be welcomed by students and lecturers alike′ - Dr Azrini Wahidin, Reader and Programme Director for Criminology, Queen′s University Belfast ′Highly informative, comprehensive and reader-friendly - this groundbreaking book is essential reading for all who are engaged in the study of criminology′ - Peter Joyce, Manchester Metropolitan University This practical guide introduces students to the basic principles of the law, enabling a comprehensive understanding of criminology and criminal justice. Law for Criminologists will enthuse the student and teacher about the law whilst giving sound advice on how to achieve a thorough comprehension of the topic. Striking a much-needed balance between essential law for criminologists, and commentary on current legal issues, this book provides the reader with a full understanding of: " the workings of the law in England, Wales, Scotland and Northern Ireland " the European Union legal frameworks " the law of evidence and the criminal process " punishment and sentencing " human rights issues " the differences between youth justice and adult criminal legislation " how to undertake independent legal research and further reading in the discipline. Packed with extensive learning aids including case studies, boxed notes, sample examination questions, appendices of statutes and cases and a comprehensive glossary, this book is vital for all students in criminology and criminal justice. As well as an extensive foreword by Baroness Helena Kennedy QC.

Public Law in a Multi-Layered Constitution

Public Law in a Multi-Layered Constitution
Author: Nicholas Bamforth
Publisher: Bloomsbury Publishing
Total Pages: 494
Release: 2003-10-30
Genre: Law
ISBN: 1847316875
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How is the distribution of power between the different levels of the contemporary constitution to be policed? What is the emerging contribution of the courts in regard to EC law,the Human Rights Act 1998 and devolution? What roles should be played by the legislative and judicial bodies at each level? Who should have access to the courts in public law disputes, and on what grounds should the courts regulate the exercise of public power? Can a coherent distinction be maintained between public and private law? These essays by leading public law scholars explore the allocation and regulation of public power in the United Kingdom. At the beginning of the twenty first century it appears that the traditional Diceyan model of a unitary constitution has been superseded as power has come to be distributed - particularly in the post-1997 period - between institutions at European, national, devolved and local level. Furthermore, the courts have come to play a powerful role at all levels through judicial review, while forms of regulation and contracting, together with other informal techniques of governance, have emerged. The contemporary constitution can be characterised as involving a multi-layered distribution of power - a situation which raises many key questions about the role of public law. The essays in this important collection tackle such questions from a variety of perspectives, aiming between them to provide a dynamic picture of the role of public law in the contemporary, multi-layered constitution.