The Northern Ireland legal quarterly最新文献_第2页

Devolution and international human rights monitoring mechanisms 权力下放和国际人权监测机制

The Northern Ireland legal quarterly Pub Date : 2023-07-27 DOI: 10.53386/nilq.v74i1.1070

Brice Dickson

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引用次数: 0

Human rights and the righting of ‘historical’ wrongs: the Supreme Court’s judgment in Re McQuillan, McGuigan, and McKenna 人权与纠正“历史”错误：最高法院对Re McQuillan、McGuigan和McKenna的判决

The Northern Ireland legal quarterly Pub Date : 2023-07-27 DOI: 10.53386/nilq.v74i1.1028

Natasa Mavronicola

引用次数: 1

The devil is in the details: entrenching human rights protections in the UK’s devolved nations 细节决定成败:在英国权力下放的地方加强对人权的保护

The Northern Ireland legal quarterly Pub Date : 2023-07-27 DOI: 10.53386/nilq.v74i1.1030

Kasey McCall-Smith

{"title":"The devil is in the details: entrenching human rights protections in the UK’s devolved nations","authors":"Kasey McCall-Smith","doi":"10.53386/nilq.v74i1.1030","DOIUrl":"https://doi.org/10.53386/nilq.v74i1.1030","url":null,"abstract":"In states with multilevel governance systems, such as the United Kingdom (UK), human rights are subject to variable gradations of implementation based on the political will and the legal competence of the subnational governments to implement international law. Entrenching rights through incorporation secures domestic enforcement, which, in turn, paves the way for proactive human rights culture change and guards against human rights regression. This article examines the future of increasing human rights protections in the devolved nations of the UK in the wake of the Incorporation Reference decision. First, the article reflects on the opportunity to entrench international human rights protections through incorporation as one form of implementation. Next, Scotland’s path to increasing implementation of the United Nations Convention on the Rights of the Child (UNCRC) will be presented, including an examination of the key features of the UNCRC (Incorporation) (Scotland) Bill. These features are then juxtaposed against the challenges raised in the Incorporation Reference case. International law is the lens through which the analysis is delivered, aligning with UN human rights treaty body guidance and focused on delivering human rights in national settings. Finally, the article argues that, despite the difficulty posed by the interpretation of devolved legal competence delivered in the Incorporation Reference judgment, from the perspective of international law, there remains a great opportunity to entrench human rights in the devolved nations through incorporation legislation and other measures that respect, protect and fulfil human rights.","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44627063","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

Prisoner voting in Wales: devolved autonomy and human rights at the jagged edge 威尔士囚犯投票:处于参差不齐边缘的自治权和人权

The Northern Ireland legal quarterly Pub Date : 2023-07-27 DOI: 10.53386/nilq.v74i1.1016

G. Davies, Robert Jones

{"title":"Prisoner voting in Wales: devolved autonomy and human rights at the jagged edge","authors":"G. Davies, Robert Jones","doi":"10.53386/nilq.v74i1.1016","DOIUrl":"https://doi.org/10.53386/nilq.v74i1.1016","url":null,"abstract":"In light of recent contestation between the UK Government and devolved institutions over legal human rights protections, this article examines the acute challenges that arise in the Welsh context for the implementation of article 3 of the First Protocol to the European Convention on Human Rights (ECHR), namely the right to free and fair elections. The European Court of Human Rights has held repeatedly that a blanket prohibition on convicted prisoner voting is a violation of the ECHR. Following the devolution of competences over devolved and local elections, the fundamental question for Wales is not merely whether prisoners should get the vote, but how a more progressive policy can be delivered within the current structures of Welsh devolution. We argue that the Welsh Government’s proposals for reform – partial enfranchisement based on sentence length – will be conditioned and undermined by criminal law and sentencing policy over which it has no control. Meanwhile, other options are either beyond devolved competence or entirely contingent upon the cooperation of a UK Government which opposes prisoner enfranchisement. In tackling these issues, we aim to demonstrate the profoundly limited nature of ‘devolved autonomy’ in an area ostensibly within the competence of Welsh institutions. The case study of prisoner voting thus brings into focus the unique and significant limitations on Welsh devolution and the considerable scope for complexity at the intersection of devolved governance and international human rights obligations.","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48648257","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

International human rights law, devolution and democratic legitimacy: the case study of abortion reform in Northern Ireland 国际人权法、权力下放和民主合法性：北爱尔兰堕胎改革案例研究

The Northern Ireland legal quarterly Pub Date : 2023-07-27 DOI: 10.53386/nilq.v74i1.1021

Jane M. Rooney

{"title":"International human rights law, devolution and democratic legitimacy: the case study of abortion reform in Northern Ireland","authors":"Jane M. Rooney","doi":"10.53386/nilq.v74i1.1021","DOIUrl":"https://doi.org/10.53386/nilq.v74i1.1021","url":null,"abstract":"This article uses the case study of abortion law reform to critically assess what is required to secure democratic legitimacy in complying with international human rights law (IHRL) obligations. The case study exposes the inadequacy of the devolution arrangement. The article critiques the methodology through which the views, interests and priorities of the two systems are upheld and protected: a mere bifurcation of competence over law and decision-making. The devolution framework frames democratic legitimacy as requiring the representation of interests of only two governance systems to be balanced – the devolved people of Northern Ireland versus the collective interests of the United Kingdom (UK). Other systems of people with separate interests should be identified and represented. The article assesses the role and challenges that IHRL presents in securing democratic legitimacy. On the one hand, it feeds into an iterative process of ensuring that the voices of those most affected by the law at issue are at the forefront of the law-making process – it facilitates their engagement with the state apparatus. On the other hand, the incorporation of IHRL must be consistent with the aims of the devolution framework: to balance the democratic will of the people of Northern Ireland and the collective will of the UK. If we work from the premise that IHRL is democracy-enhancing in itself, then we need to prioritise inclusive processes for deciding the content of those norms and ensuring they are practically implemented. Devolution politics should not form a barrier to this overall goal.","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44220983","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

International human rights law and devolution in the UK 国际人权法与英国的权力下放

The Northern Ireland legal quarterly Pub Date : 2023-07-27 DOI: 10.53386/nilq.v74i1.1092

Jane M. Rooney, Conor Mccormick

引用次数: 0

Subnational incorporation of economic, social and cultural rights – can devolution become a vehicle for progressive human rights reform? 地方政府纳入经济、社会和文化权利——权力下放能否成为进步人权改革的工具?

The Northern Ireland legal quarterly Pub Date : 2023-07-27 DOI: 10.53386/nilq.v74i1.1013

Katie Boyle, N. Busby

{"title":"Subnational incorporation of economic, social and cultural rights – can devolution become a vehicle for progressive human rights reform?","authors":"Katie Boyle, N. Busby","doi":"10.53386/nilq.v74i1.1013","DOIUrl":"https://doi.org/10.53386/nilq.v74i1.1013","url":null,"abstract":"Devolution acts as both a foundation and a potential vehicle for progressive human rights reform. This article examines progress within the current Scottish framework, including the incorporation of international treaties, as recommended by the National Taskforce for Human Rights Leadership. The particular nature of devolution provides the opportunity to close the accountability gap in the protection of economic, social and cultural rights which operate in devolved areas, including the right to health, the right to housing and the right to an adequate standard of living. This reform brings opportunities to embrace normative international standards that facilitate incorporation such as multi-institutional accountability, proportionality-inflected reasonableness review, dignity and collective justice, as well as substantive equality measures. Progress to date is examined against the risks posed to human rights by the erosion of devolution through a number of United Kingdom(UK)-led strategies, particularly in response to Brexit-related policy gaps. Although devolution can act as an important anchor on national reform, mitigating threats to backsliding on rights at the national level, increasing centralisation can make this difficult to realise in practice. The potential opportunities offered by enhanced devolution could provide a fully integrated human rights framework incorporating social and economic policy areas such as employment, social security, immigration and equality. However, given current constitutional arrangements, devolution’s promise as a force for human rights progress is limited. The article concludes with a reframing of human rights which reflects the more complex picture painted by diverging trajectories in each of the UK jurisdictions.","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49150889","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: 1

The law and practice of the Ireland–Northern Ireland Protocol 《爱尔兰-北爱尔兰议定书》的法律和实践

The Northern Ireland legal quarterly Pub Date : 2023-07-27 DOI: 10.53386/nilq.v74i1.1015

Gary Simpson

引用次数: 0

Promoting solidarity in contested political spaces and public health emergencies: examining Covid-19 vaccination on the island of Ireland 在有争议的政治空间和突发公共卫生事件中促进团结:审查爱尔兰岛的Covid-19疫苗接种情况

The Northern Ireland legal quarterly Pub Date : 2023-06-29 DOI: 10.53386/nilq.v74iad1.1005

Clayton Ó Néill, A. Farrell, M. Donnelly, M. Tumelty

引用次数: 0

From the Protocol to the Windsor Framework 从议定书到温莎框架

The Northern Ireland legal quarterly Pub Date : 2023-05-12 DOI: 10.53386/nilq.v73iad1.1081

Colin R G Murray, Niall Robb

引用次数: 0