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The Northern Ireland legal quarterly最新文献

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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.v74iad1.1081
Colin R G Murray, Niall Robb
{"title":"From the Protocol to the Windsor Framework","authors":"Colin R G Murray, Niall Robb","doi":"10.53386/nilq.v74iad1.1081","DOIUrl":"https://doi.org/10.53386/nilq.v74iad1.1081","url":null,"abstract":"The Windsor Framework, the new package of measures agreed by the United Kingdom (UK) and European Union (EU) as well as the new name for the Protocol on Ireland/Northern Ireland, was presented in February 2023 amidst considerable fanfare. This article examines the rationale for the new Framework amongst the negotiators and how some of its headline provisions impact upon those most exposed to the out-workings of any deal – those living and doing business in Northern Ireland. We investigate the possible implications for Northern Ireland of the new minimalist regulatory alignment in the trade in goods and the possibility of a ‘cooperation dividend’ stemming from warmer UK–EU relations. In particular, we examine the operation and possible limitations upon the ‘Stormont Brake’ mechanism. This article ultimately assesses whether Sunak’s Windsor Framework will be any more successful than the May Backstop and Johnson Protocol before it at ‘getting Brexit done’.","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135337526","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
35 years later: re-examining the offence of riot in the Public Order Act 1986 35年后:重新审视1986年《公共秩序法》中的骚乱罪
The Northern Ireland legal quarterly Pub Date : 2023-03-28 DOI: 10.53386/nilq.v73i4.975
Brian Cheung
{"title":"35 years later: re-examining the offence of riot in the Public Order Act 1986","authors":"Brian Cheung","doi":"10.53386/nilq.v73i4.975","DOIUrl":"https://doi.org/10.53386/nilq.v73i4.975","url":null,"abstract":"2021 marked the 35th year of the passage of the most important public order legislation in England, the Public Order Act 1986, and saw an ambitious attempt by the Government to ‘overhaul’ public order law, in the form of the Police, Crime, Sentencing and Courts Bill. 2021 also marked 10 years since the devastating 2011 riots in England. In this context, this article analyses the necessity of and justifications for the riot offence. It argues that the riot offence is neither necessary from an instrumental perspective nor targeted at the mischiefs of public fear and overthrow of the state. Instead, the crux of the offence is the group element, shedding light more generally on public order law’s ideological function of imposing a specific form of ‘order’ and its susceptibility to abuse. The riot offence should therefore be abolished.","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43280128","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
Creative Equity in practice: responding to extra-legal claims for the return of Nazi looted art from UK museums 实践中的创造性公平:回应从英国博物馆归还纳粹掠夺艺术品的法外索赔
The Northern Ireland legal quarterly Pub Date : 2023-03-28 DOI: 10.53386/nilq.v73i4.927
C. Woodhead
{"title":"Creative Equity in practice: responding to extra-legal claims for the return of Nazi looted art from UK museums","authors":"C. Woodhead","doi":"10.53386/nilq.v73i4.927","DOIUrl":"https://doi.org/10.53386/nilq.v73i4.927","url":null,"abstract":"Looted cultural objects taken from Jewish owners during the Nazi Era still reside in museums worldwide. The United Kingdom’s Spoliation Advisory Panel (the Panel) recommends solutions based on the moral strength of the claim where the original owner’s legal title is extinguished. Using the framework of Equity this article argues that the Panel’s work represents a modern, creative form of Equity. The Panel’s work plugs a gap left by the law, much as Equity aimed to do. Despite a wide discretion to recommend just and fair solutions, the Panel is developing settled principles rather than applying inconsistent concepts of morality. This article’s reconceptualisation of this process as firmly grounded in Equity enables the Panel’s work to be more fully appreciated as sui generis. It may also enable the Panel to serve as a model for resolving other disputes about cultural objects.","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44587254","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
Rethinking dispute resolution mechanisms for Islamic finance: understanding litigation and arbitration in context 重新思考伊斯兰金融的争议解决机制:理解诉讼和仲裁的背景
The Northern Ireland legal quarterly Pub Date : 2023-03-28 DOI: 10.53386/nilq.v73i4.950
A. K. Aldohni
{"title":"Rethinking dispute resolution mechanisms for Islamic finance: understanding litigation and arbitration in context","authors":"A. K. Aldohni","doi":"10.53386/nilq.v73i4.950","DOIUrl":"https://doi.org/10.53386/nilq.v73i4.950","url":null,"abstract":"While there seems to be a growing appetite for Islamic finance products at a global level, the parties using these products do not seem to pay enough attention to how best they can resolve any disputes arising from these agreements. It is a shortfall that undermines the Islamic compliance aspect of these transactions and jeopardises their unique Islamic characteristic. This article considers ways in which English litigation can be used as an optimal mechanism to resolve Islamic finance disputes. The article particularly analyses the incorporation of international Sharia Standards in Islamic finance agreements as a way to overcome the disadvantages of ligation highlighted by a large body of case law in this context. It then argues that, while arbitration might seem on the face of it a more appropriate mechanism, it is riddled with complexities and disadvantages.\u0000 ","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45628921","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
Coercive control, legislative reform and the Istanbul Convention: Ireland’s Domestic Violence Act 2018 强制控制、立法改革和《伊斯坦布尔公约:2018年爱尔兰家庭暴力法》
The Northern Ireland legal quarterly Pub Date : 2023-03-28 DOI: 10.53386/nilq.v73i4.525
Judit Villena Rodó
{"title":"Coercive control, legislative reform and the Istanbul Convention: Ireland’s Domestic Violence Act 2018","authors":"Judit Villena Rodó","doi":"10.53386/nilq.v73i4.525","DOIUrl":"https://doi.org/10.53386/nilq.v73i4.525","url":null,"abstract":"Coercive control is a concept increasingly being used in legal and policy responses to intimate partner violence. This article examines this concept in light of Ireland’s obligations under the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (Istanbul Convention) to prevent and combat domestic violence, including psychological violence (arts 3 and 33). First, it analyses the interpretation of article 33 by the Council of Europe Group of Experts on Action against Violence Against Women and Domestic Violence (GREVIO) in country monitoring reports. Second, it examines Ireland’s coercive control offence, comparing it to legislative developments in the United Kingdom (UK). Third, it examines potential theoretical and practical concerns arising from the application of the offence, drawing from literature on the criminalisation of coercive control in the UK. It argues that concerns regarding the practical application of the offence may be relevant to Ireland.","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48830721","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
Residual liberty 剩余的自由
The Northern Ireland legal quarterly Pub Date : 2023-03-28 DOI: 10.53386/nilq.v73i4.985
Richard M. Edwards
{"title":"Residual liberty","authors":"Richard M. Edwards","doi":"10.53386/nilq.v73i4.985","DOIUrl":"https://doi.org/10.53386/nilq.v73i4.985","url":null,"abstract":"This article presents the argument that detainees do not lose their right to liberty under article 5 of the European Convention on Human Rights as currently thought. Instead, the article argues that they continue to enjoy a residual liberty which may be relied upon by detainees when challenging aspects of their detention.","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70801175","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
R v Andrewes: judgment day for CV fraudsters? Case commentary on the Supreme Court decision reported at [2022] UKSC 24 R v andrews:简历欺诈者的审判日?对最高法院判决的案例评注[2022]UKSC 24
The Northern Ireland legal quarterly Pub Date : 2023-03-28 DOI: 10.53386/nilq.v73i4.1062
Eli Baxter, S. Hair
{"title":"R v Andrewes: judgment day for CV fraudsters? Case commentary on the Supreme Court decision reported at [2022] UKSC 24","authors":"Eli Baxter, S. Hair","doi":"10.53386/nilq.v73i4.1062","DOIUrl":"https://doi.org/10.53386/nilq.v73i4.1062","url":null,"abstract":"Crime pays. Therefore, it is paramount that offenders are not permitted to retain the illicit profits derived from their course of offending. That is the purpose of the criminal law confiscation regime, which applies to a plethora of different offences where the State confiscates the ill-gotten gains the offender has retained after sentencing. This commentary focuses on one of these offences, the colloquially named ‘CV fraud’. A relatively novel phenomenon in English law, CV fraud has come to the fore as a result of R v Andrewes, a recent Supreme Court decision. This commentary assesses this decision and ultimately concludes that while the Supreme Court’s approach is sound in principle, it does not provide a solution which encompasses the broader spectrum of cases falling within the category of CV fraud. The Andrewes approach to the calculation of ‘criminal benefit’ may therefore require considerable adaptation in future cases. Perhaps most importantly, the absence of discussion on causation leaves this corner of the confiscation regime a grey area. This paper sets out to offer a principled solution which might resolve this issue.","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44513426","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
Justifying justiciability: healthcare resource allocation, administrative law and the baseline judicial role 正当性:医疗资源配置、行政法与基线司法作用
The Northern Ireland legal quarterly Pub Date : 2023-03-28 DOI: 10.53386/nilq.v73i4.982
Edward Lui
{"title":"Justifying justiciability: healthcare resource allocation, administrative law and the baseline judicial role","authors":"Edward Lui","doi":"10.53386/nilq.v73i4.982","DOIUrl":"https://doi.org/10.53386/nilq.v73i4.982","url":null,"abstract":"A long-standing problem in United Kingdom law concerns the proper relationship between judicial review and healthcare resource allocation. Traditionally, decisions concerning healthcare resource allocation are non-justiciable. This position has already been departed from in the positive law, but few within the academic literature have discussed the theoretical justification for such a departure. This article draws upon the literature on public law theory and makes three theoretical arguments in favour of this departure. First, the doctrine of non-justiciability is an inflexible – and thus inappropriate – form of judicial restraint. Second, one cannot sensibly distinguish cases with an allocative impact (which are justiciable) from decisions concerning healthcare resource allocation. The latter therefore should not be non-justiciable. Third, the ultra vires theory entails that decisions concerning healthcare resource allocation should be both justiciable and consistent with the requirements of the rule of law – such that these decisions must be subject to the possibility of both procedural and rationality review. This establishes a baseline judicial role in healthcare resource allocation.","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46258348","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
The Union in court, Part 2: Allister and others v Northern Ireland Secretary [2022] NICA 15 联盟在法庭上，第2部分:阿利斯特和其他人诉北爱尔兰秘书[2022]NICA 15
The Northern Ireland legal quarterly Pub Date : 2023-03-28 DOI: 10.53386/nilq.v73i4.1074
Anurag Deb, Gary Simpson, Gabriel Tan
{"title":"The Union in court, Part 2: Allister and others v Northern Ireland Secretary [2022] NICA 15","authors":"Anurag Deb, Gary Simpson, Gabriel Tan","doi":"10.53386/nilq.v73i4.1074","DOIUrl":"https://doi.org/10.53386/nilq.v73i4.1074","url":null,"abstract":"Case commentary on Allister and others v Northern Ireland Secretary [2022] NICA 15.","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135677184","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’s legal order after Brexit 英国脱欧后的北爱尔兰法律秩序
The Northern Ireland legal quarterly Pub Date : 2022-12-15 DOI: 10.53386/nilq.v73is2.1056
C. Murray
{"title":"Northern Ireland’s legal order after Brexit","authors":"C. Murray","doi":"10.53386/nilq.v73is2.1056","DOIUrl":"https://doi.org/10.53386/nilq.v73is2.1056","url":null,"abstract":"Editor's 'Introduction' to the Special Supplement on Northern Ireland’s Legal Order after Brexit.","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49454992","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
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