The Northern Ireland legal quarterly最新文献_第4页

Understanding the implications of article 2 of the Northern Ireland Protocol in the context of EU case law developments 了解《北爱尔兰议定书》第2条在欧盟判例法发展背景下的含义

The Northern Ireland legal quarterly Pub Date : 2022-12-15 DOI: 10.53386/nilq.v73is2.1059

E. Frantziou, S. Craig

{"title":"Understanding the implications of article 2 of the Northern Ireland Protocol in the context of EU case law developments","authors":"E. Frantziou, S. Craig","doi":"10.53386/nilq.v73is2.1059","DOIUrl":"https://doi.org/10.53386/nilq.v73is2.1059","url":null,"abstract":"Conscious of the careful balance stemming from the Rights, Safeguards and Equality of Opportunity provisions of the Belfast/Good Friday Agreement 1998, it was clear that human rights guarantees underpinned by European Union (EU) law would be a pivotal aspect of the Protocol on Ireland/Northern Ireland within the Withdrawal Agreement. The commitment is particularly prominent in respect of equality law, as a guarantee that no diminution of rights and equality protections would result from withdrawal from the EU was built into article 2(1) of the Protocol providing for non-diminution of rights in Northern Ireland post-Brexit. The purpose of this article is to identify and analyse recent developments in EU equality case law which may trigger the non-diminution obligation from the entry into force of the Protocol to the date of writing (ie between 1 January 2021 and 1 September 2022). This analysis is underpinned by a systematic case law review to provide an evidence-based analysis of: a) where divergence of equality protection standards is occurring presently; and b) where these concerns are likely to present in the future. The article identifies four substantive areas, namely religious discrimination, disability discrimination, gender equality in the field of pensions and social security, and migration law, which raise significant and complex questions about the practical feasibility of the non-diminution obligation. In light of the thematic case law analysis, the article offers broader reflections on the future direction of article 2 obligations, which could be used to approach the non-diminution commitment prospectively.","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":"46085460","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

Post-Brexit dynamism: the dynamic regulatory alignment of Northern Ireland under the Protocol on Ireland/Northern Ireland 脱欧后的动态：北爱尔兰在《爱尔兰议定书》/《北爱尔兰议定书》下的动态监管调整

The Northern Ireland legal quarterly Pub Date : 2022-12-15 DOI: 10.53386/nilq.v73is2.1058

L. Whitten

{"title":"Post-Brexit dynamism: the dynamic regulatory alignment of Northern Ireland under the Protocol on Ireland/Northern Ireland","authors":"L. Whitten","doi":"10.53386/nilq.v73is2.1058","DOIUrl":"https://doi.org/10.53386/nilq.v73is2.1058","url":null,"abstract":"Post-Brexit Northern Ireland faces a dual challenge of legal dynamism and political stagnation. Although these two issues have the same origin, this article focuses on the former. Agreed as part of the UK–EU Withdrawal Agreement to address the ‘unique circumstances’ on the island of Ireland, the provisions of the Protocol on Ireland/Northern Ireland break with precedent in both EU external relations and in UK internal governance. For the EU, these novel provisions breach the ‘indivisibility’ of the ‘Four Freedoms’. For the UK, the Protocol challenges the fabric of its internal market and pushes the boundaries of its territorial constitution to a new extreme. The Protocol is politically controversial; related disputes have resulted in institutional collapse in Northern Ireland and severe decline in UK–EU diplomatic relations. While any resolution of political contestation over the Protocol is still pending, it is nonetheless possible to track its legal effects so far. Focusing on provisions which relate to Northern Ireland staying aligned with aspects of EU law, this article analyses the substance of UK(NI)’s post-Brexit dynamism and its implications for the two legal orders it cross-sects.","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":"45384817","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

Celebrating the 50th Anniversary of the MacDermott Lecture Series at Queen’s University Belfast 在贝尔法斯特女王大学庆祝麦克德莫特系列讲座50周年

The Northern Ireland legal quarterly Pub Date : 2022-12-13 DOI: 10.53386/nilq.v73is1.1048

Heather Conway, D. Capper, Mark L. Flear

引用次数: 0

MacDermott Lecture 2014: Virtuous voices: the advocate’s contribution to the rule of law 麦克德莫特讲座2014:良性的声音:倡导者对法治的贡献

The Northern Ireland legal quarterly Pub Date : 2022-12-13 DOI: 10.53386/nilq.v73is1.1054

Michael J Beloff QC

引用次数: 0

MacDermott Lecture 2001: Wringing out the fault: self-incrimination in the twenty-first century 麦克德莫特2001年演讲：纠正错误：二十一世纪的自证其罪

The Northern Ireland legal quarterly Pub Date : 2022-12-13 DOI: 10.53386/nilq.v73is1.1051

S. Sedley

引用次数: 0

MacDermott Lecture 2021: Should judges be neutral? 麦克德莫特讲座2021:法官应该保持中立吗?

The Northern Ireland legal quarterly Pub Date : 2022-12-13 DOI: 10.53386/nilq.v73is1.1055

G. Hogan

引用次数: 0

MacDermott Lecture 1998: Mapping law 麦克德莫特1998年讲座：映射定律

The Northern Ireland legal quarterly Pub Date : 2022-12-13 DOI: 10.53386/nilq.v73is1.1049

W. Twining

引用次数: 0

MacDermott Lecture 2003: Can human rights put an end to social strife? 麦克德莫特2003年演讲：人权能结束社会冲突吗？

The Northern Ireland legal quarterly Pub Date : 2022-12-13 DOI: 10.53386/nilq.v73is1.1052

Beverley Mclachlin

引用次数: 0

MacDermott Lecture 1999: Past human rights violations: truth commissions and amnesties or prosecutions 1999年麦克德莫特讲座：过去侵犯人权的行为：真相委员会和大赦或起诉

The Northern Ireland legal quarterly Pub Date : 2022-12-13 DOI: 10.53386/nilq.v73is1.1050

R. Goldstone

引用次数: 1

The ‘chilling effect’ of defamation law in Northern Ireland? A comparison with England and Wales in relation to the presumption of jury trial, the threshold of seriousness and the public interest defence 北爱尔兰诽谤法的“寒蝉效应”?与英格兰和威尔士在陪审推定、严肃性阈值和公共利益抗辩方面的比较

The Northern Ireland legal quarterly Pub Date : 2022-11-24 DOI: 10.53386/nilq.v73i3.1041

M. Hanna

{"title":"The ‘chilling effect’ of defamation law in Northern Ireland? A comparison with England and Wales in relation to the presumption of jury trial, the threshold of seriousness and the public interest defence","authors":"M. Hanna","doi":"10.53386/nilq.v73i3.1041","DOIUrl":"https://doi.org/10.53386/nilq.v73i3.1041","url":null,"abstract":"This article compares defamation law in England and Wales with that of Northern Ireland and analyses whether the current law in Northern Ireland is having a ‘chilling effect’ on free speech. At the time of writing, the Northern Ireland Assembly is formally considering adopting legislation based on the Defamation Act 2013 which reformed the law in England and Wales. The article aims to contribute to that debate in Northern Ireland, but it should also be of broader interest as an analysis of the effectiveness of the Defamation Act 2013. The article focuses on three key areas of reform, in both the Defamation Act 2013 and the Northern Ireland Defamation Bill: the presumption of jury trial, the threshold of seriousness, and the public interest defence. It demonstrates that the different approach of the law in Northern Ireland in these areas did not simply occur with the enactment of the 2013 Act, but rather that it started several years before that with a divergence from developments in the common law in England and Wales. The article argues that the difference has been entrenched by the changes in the 2013 Act, and that, in relation to each of those areas, the law in Northern Ireland is now on a singular course and one that can be seen to have a definite ‘chilling effect’ on free speech.","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41738829","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