Northern Ireland Legal Quarterly最新文献

Inheriting the royals: royal chartered bodies in Ireland after 1922 继承王室：1922 年后爱尔兰的王室特许机构

Northern Ireland Legal Quarterly Pub Date : 2024-08-08 DOI: 10.53386/nilq.v75i2.1122

John Biggins

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引用次数: 1

The Union in court, Part 3: In Re Allister and Peeples’ Applications for Judicial Review [2023] UKSC 5 法庭上的联盟，第 3 部分：关于 Allister 和 Peeples 的司法审查申请 [2023] UKSC 5

Northern Ireland Legal Quarterly Pub Date : 2024-08-08 DOI: 10.53386/nilq.v75i2.1139

Anurag Deb

引用次数: 0

The Northern Ireland Executive: politics, law and a rethink of judicial intervention 北爱尔兰行政机构：政治、法律和对司法干预的反思

Northern Ireland Legal Quarterly Pub Date : 2024-08-08 DOI: 10.53386/nilq.v75i2.1104

Anurag Deb

{"title":"The Northern Ireland Executive: politics, law and a rethink of judicial intervention","authors":"Anurag Deb","doi":"10.53386/nilq.v75i2.1104","DOIUrl":"https://doi.org/10.53386/nilq.v75i2.1104","url":null,"abstract":"The Northern Ireland Executive, comprising devolved Northern Ireland ministers and the Executive Committee, has had a long history of being successfully sued in the Northern Ireland courts, both by individual litigants and Executive members themselves. This history demonstrates, at times, a flagrant disregard for legal duties and the rules of proper administration, which, in Northern Ireland, subserve polarised and controversial political interests and priorities of the parties which comprise the Executive. However, when examining the case law, the Northern Ireland courts approach the question of judicial intervention in the same way as they would any other government. This sometimes leads to judicial restraint in granting relief, even in the face of intransigent and arguably bad faith behaviour by ministers or the Executive Committee, as two recent cases demonstrate.In this article I explore the nature and operations of the Northern Ireland Executive, distinguishing it from other governments in the UK. Using this backdrop, I next critically evaluate two recent judgments of the Northern Ireland High Court which exemplify the existing (and limited) judicial approach in the face of Executive lawlessness. I contrast these judgments with two earlier judgments which I argue set out a better approach to remedying Executive lawlessness. Finally, I build on the approach found in these earlier judgments to set out a tentative framework for judicial intervention in and remedy of Executive lawlessness.","PeriodicalId":509896,"journal":{"name":"Northern Ireland Legal Quarterly","volume":"2 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141925687","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

A continuing nuisance: Jalla v Shell International Trading and Shipping Company Ltd [2023] UKSC 16 持续滋扰：Jalla 诉壳牌国际贸易与航运有限公司 [2023] UKSC 16

Northern Ireland Legal Quarterly Pub Date : 2024-08-08 DOI: 10.53386/nilq.v75i2.1102

Francis McManus

{"title":"A continuing nuisance: Jalla v Shell International Trading and Shipping Company Ltd [2023] UKSC 16","authors":"Francis McManus","doi":"10.53386/nilq.v75i2.1102","DOIUrl":"https://doi.org/10.53386/nilq.v75i2.1102","url":null,"abstract":"In Jalla the Supreme Court was required to decide whether the damage, which had been caused to the claimants’ land by the continued presence of oil on the land, which in turn had been caused by a spill from the defendants’ oil pipeline, constituted a continuing nuisance, the upshot of which was that a continuing cause of action accrued afresh from day to day. The court held that a continuing nuisance was a nuisance which continued day after day, or on another regular basis. In such cases, the cause of action continued afresh on a continuing basis. However, in Jalla the court held that there was no continuing nuisance, on the grounds that there was no repeated activity, or continuing state of affairs, which had been caused by the defendants. Rather, the leak was a one-off event, or isolated escape, which had been caused by the defendants. The cause of action was complete once the claimants’ land was affected by the oil spill. In short, there was no continuing cause of action for as long as the oil remained on the claimants’ land. Whereas the presence of the oil on the claimants’ land may have ranked as a ‘nuisance’ in common parlance, the continuing presence of the oil on the land did not rank as a nuisance in law. The author concludes that Jalla illustrates the confusion which stems from the fact that the concept of nuisance is not clearly defined.","PeriodicalId":509896,"journal":{"name":"Northern Ireland Legal Quarterly","volume":"51 24","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141928293","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Why are we waiting? Judicial scrutiny of delays in access to healthcare in Northern Ireland 我们为什么在等待？北爱尔兰对医疗服务延误的司法审查

Northern Ireland Legal Quarterly Pub Date : 2024-08-08 DOI: 10.53386/nilq.v75i2.1077

Keith Syrett

引用次数: 0

Fettering scrutiny on executive discretionary powers? Developments in the judicial reviewability of ministerial non-statutory guidance 加强对行政自由裁量权的审查？部长非法定指导的司法审查发展情况

Northern Ireland Legal Quarterly Pub Date : 2024-08-08 DOI: 10.53386/nilq.v75i2.1085

Sarah Atkins

{"title":"Fettering scrutiny on executive discretionary powers? Developments in the judicial reviewability of ministerial non-statutory guidance","authors":"Sarah Atkins","doi":"10.53386/nilq.v75i2.1085","DOIUrl":"https://doi.org/10.53386/nilq.v75i2.1085","url":null,"abstract":"This article examines the Supreme Court’s clarification of the law relating to the judicial review of soft law. In doing so, it offers a fresh perspective on how soft law sits within the legal framework. While much literature to date has attempted to theorise the nature of soft law, or focus on judicial review strategy, this article examines the role that soft law plays in the modern regulatory state. It then examines the treatment of these instruments by the courts, with particular attention paid to the 2021 joined decisions of R(A) and BF. The Supreme Court reversed a more expansive trend evident in preceding Court of Appeal case law and reinforced the primacy of the narrower approach to review seen in the Gillick judgment. Unlike other research on these judgments, this article problematises these decisions by showing how this limits the ability of particularly vulnerable applicants like children to challenge decisions due more to systemically flawed policies than to ad hoc misapplications of soft law by end users. How the Supreme Court could in future occupy a role as a mechanism for legal accountability of discretionary executive powers is also discussed; should the judicial branch of the state avail of the opportunity to make declaratory orders or endorse practice directions that might better regularise the making of soft laws in the future. The article then discusses the wider constitutional problems raised by use of a Gillick-inspired approach, including issues relating to lack of judicial scrutiny of soft law.","PeriodicalId":509896,"journal":{"name":"Northern Ireland Legal Quarterly","volume":"4 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141925880","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

(To) intimacy and beyond: rethinking the definition of ‘cohabitant’ in Ireland (亲密关系及其他：重新思考爱尔兰 "同居者 "的定义

Northern Ireland Legal Quarterly Pub Date : 2024-07-04 DOI: 10.53386/nilq.v75i2.1111

Kathryn O'Sullivan

引用次数: 0

The origins of ‘civil rights and religious liberties’ in the Belfast-Good Friday Agreement 贝尔法斯特--耶稣受难日协议》中 "公民权利和宗教自由 "的起源

Northern Ireland Legal Quarterly Pub Date : 2024-06-10 DOI: 10.53386/nilq.v75iad1.1147

Christopher McCrudden

{"title":"The origins of ‘civil rights and religious liberties’ in the Belfast-Good Friday Agreement","authors":"Christopher McCrudden","doi":"10.53386/nilq.v75iad1.1147","DOIUrl":"https://doi.org/10.53386/nilq.v75iad1.1147","url":null,"abstract":"This article traces the origins of the declaration of rights in the human rights and equality section of the 1998 Belfast-Good Friday Agreement, which secured a fragile peace in Northern Ireland. It sets out in detail for the first time the drafting history of the declaration, set against the complex negotiating history of the Agreement as a whole, describing the multiple actors involved in the evolution of the declaration and their motivations, including republican and loyalist paramilitary groups, feminists and civil rights organisations, Irish and British civil servants and political advisors, as well as the political parties. It thus provides a detailed account of the evolution of human rights thinking at a critical stage of the Northern Ireland peace process. The article argues that it is now more important than ever to understand this history. Although originally conceived as merely declaratory, this declaration has, since the European Union–United Kingdom (EU–UK) Withdrawal Agreement following Brexit, taken on a new lease of life due to the Ireland–Northern Ireland Protocol to the EU–UK Withdrawal Agreement, which accorded the declaration of rights a legal status in domestic and international law that it did not have previously. The article concludes with a reflection on the implications of the history recounted in this article for the future interpretation and application of the Protocol (now, the Windsor Framework), and for the study of the historiography of human rights more broadly, emphasising in particular the extent to which the declaration exemplifies a syncretic rather than an eclectic human rights instrument.","PeriodicalId":509896,"journal":{"name":"Northern Ireland Legal Quarterly","volume":"117 39","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141361706","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Northern Ireland and the United Kingdom Internal Market 北爱尔兰和联合王国内部市场

Northern Ireland Legal Quarterly Pub Date : 2024-04-25 DOI: 10.53386/nilq.v75i1.1108

Lisa Whitten

{"title":"Northern Ireland and the United Kingdom Internal Market","authors":"Lisa Whitten","doi":"10.53386/nilq.v75i1.1108","DOIUrl":"https://doi.org/10.53386/nilq.v75i1.1108","url":null,"abstract":"Post-Brexit Northern Ireland occupies a unique position in the internal market of the United Kingdom due, primarily, to the Protocol on Ireland / Northern Ireland, or Windsor Framework. \u0000Agreed as part of the UK-EU Withdrawal Agreement, the Protocol/Windsor Framework provides that EU Single Market rules concerning the free movement of goods, customs, VAT, state aid and energy markets, continue to apply in Northern Ireland, despite it having formally left the EU along with the rest of the UK. To allow for the domestic implementation of the novel arrangements for post-Brexit Northern Ireland, set out in the Protocol/Windsor Framework, the UK Internal Market (UKIM) Act 2020 includes a series of specific provisions that except goods entering and leaving Northern Ireland from the ‘market access principles’ established by the UKIM Act 2020 in certain circumstances. \u0000This commentary introduces the UKIM Act 2020 then presents a review of its provisions that are specifically dedicated to post-Brexit Northern Ireland. Written in September 2023 the analysis then provides an assessment of the implications of measures agreed between the UK and EU laid down in the Windsor Framework texts which were published in February of this year. \u0000Based on the analysis of the UKIM Act 2020 set against the backdrop of the Protocol, then Windsor Framework, the commentary argues that the position of Northern Ireland post-Brexit is not only newly unique but also newly consequential for those both inside and outside its borders.","PeriodicalId":509896,"journal":{"name":"Northern Ireland Legal Quarterly","volume":"4 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140654563","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Devolution and declaratory judgments: the Counsel General’s legal challenge to the UK Internal Market Act 2020 权力下放与宣告性判决：总法律顾问对《2020 年英国内部市场法》的法律挑战

Northern Ireland Legal Quarterly Pub Date : 2024-04-25 DOI: 10.53386/nilq.v75i1.1082

Gareth Evans

引用次数: 0