Promoting (religious and political) diversity through legislation in Northern Ireland

IF 1.5 Q1 LAW
Ronan Cormacain
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Abstract

ABSTRACT Northern Ireland is a society which has suffered communal strife for decades, a result of divergent political and religious identities. Since the Good Friday Agreement in 1998, the violence associated with this tension has receded. This article looks at some of the different areas where there has been inter-communal conflict: political structures, elections, policing, language, employment and treatment of victims. It identifies the solutions and identifies the tools to implement those solutions. Legislation has been used as a tool of choice to regulate that diversity, to provide protection and to solve problems resulting from that diversity. Legislation is not the inevitable tool to use, softer forms of regulation are also available. There are two suggested reasons for the reliance upon legislation. Firstly, in the absence of trust between political parties, legislation offers an enforceable solution which is legally binding upon all parties. Secondly, legislation can be seen as a concrete and tangible achievement.
在北爱尔兰通过立法促进(宗教和政治)多样性
摘要北爱尔兰是一个几十年来一直遭受社区冲突的社会,这是不同政治和宗教身份的结果。自1998年《耶稣受难日协议》以来,与这种紧张局势有关的暴力事件有所减少。这篇文章探讨了社区间冲突的一些不同领域:政治结构、选举、治安、语言、就业和受害者待遇。它确定了解决方案,并确定了实施这些解决方案的工具。立法已被用作管理这种多样性、提供保护和解决由这种多样性造成的问题的一种选择工具。立法并不是不可避免的工具,更温和的监管形式也是可用的。对立法的依赖有两个原因。首先,在政党之间缺乏信任的情况下,立法提供了一个可执行的解决方案,对所有政党都具有法律约束力。第二,立法可以被视为一项具体和切实的成就。
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来源期刊
CiteScore
4.50
自引率
10.00%
发文量
23
期刊介绍: The Theory and Practice of Legislation aims to offer an international and interdisciplinary forum for the examination of legislation. The focus of the journal, which succeeds the former title Legisprudence, remains with legislation in its broadest sense. Legislation is seen as both process and product, reflection of theoretical assumptions and a skill. The journal addresses formal legislation, and its alternatives (such as covenants, regulation by non-state actors etc.). The editors welcome articles on systematic (as opposed to historical) issues, including drafting techniques, the introduction of open standards, evidence-based drafting, pre- and post-legislative scrutiny for effectiveness and efficiency, the utility and necessity of codification, IT in legislation, the legitimacy of legislation in view of fundamental principles and rights, law and language, and the link between legislator and judge. Comparative and interdisciplinary approaches are encouraged. But dogmatic descriptions of positive law are outside the scope of the journal. The journal offers a combination of themed issues and general issues. All articles are submitted to double blind review.
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