The Northern Ireland legal quarterly最新文献_第6页

COVID-19 restrictions in Ireland and Northern Ireland: a comparison of the legal framing of reasonableness 爱尔兰和北爱尔兰的COVID-19限制:合理法律框架的比较

The Northern Ireland legal quarterly Pub Date : 2022-07-28 DOI: 10.53386/nilq.v73i2.958

Katharina Ó Cathaoir, Christie MacColl

引用次数: 0

Does Ireland need a constitutional right to health after the COVID-19 pandemic? 在2019冠状病毒病大流行之后，爱尔兰是否需要宪法规定的健康权?

The Northern Ireland legal quarterly Pub Date : 2022-07-28 DOI: 10.53386/nilq.v73i2.977

O. Bartlett

{"title":"Does Ireland need a constitutional right to health after the COVID-19 pandemic?","authors":"O. Bartlett","doi":"10.53386/nilq.v73i2.977","DOIUrl":"https://doi.org/10.53386/nilq.v73i2.977","url":null,"abstract":"There will be many legal legacies of the COVID-19 pandemic. This commentary argues that one of them should be the constitutionalisation of the right to health in Ireland. The overriding objective of saving lives has not always been explicitly linked with fundamental rights protection in government communications or the mainstream media. When the state police power permits the adoption of extraordinary measures to protect the public’s health, why would there be a need for a constitutional right to health? This commentary argues that the existence of a constitutional right to health in Ireland would make the process of designing, implementing and explaining the necessity of restrictions in times of public health crisis a more transparent exercise. Moreover, a constitutional right to health would provide a normative and procedural framework for reviewing government decisions that restrict one aspect of the right to health (for example maternity care) to protect another (protection from infectious disease). This commentary links these considerations to the recent proposal to amend the Irish Constitution to include a right to health and addresses the concerns raised about such a process in light of the benefits of a constitutional right to health as well as the social changes wrought by the COVID-19 pandemic. The commentary also evaluates the constitutional text that was proposed and highlights some of the considerations that must be taken into account when drafting a constitutional right to health.","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41399915","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

Digital technology and privacy attitudes in times of COVID-19: formal legality versus legal reality in Ireland 2019冠状病毒病时期的数字技术和隐私态度:爱尔兰的正式合法性与法律现实

The Northern Ireland legal quarterly Pub Date : 2022-07-28 DOI: 10.53386/nilq.v73i2.959

Edoardo Celeste, Sorcha Montgomery, Arthit Suriyawongkul

{"title":"Digital technology and privacy attitudes in times of COVID-19: formal legality versus legal reality in Ireland","authors":"Edoardo Celeste, Sorcha Montgomery, Arthit Suriyawongkul","doi":"10.53386/nilq.v73i2.959","DOIUrl":"https://doi.org/10.53386/nilq.v73i2.959","url":null,"abstract":"The adoption of digital technologies to counteract the spread of COVID-19 has resulted in a major exposure of our rights to privacy and data protection. An empirical study conducted in Ireland by the Science Foundation Ireland-funded project PRIVATT demonstrates that privacy attitudes have shifted, resulting in a greater willingness to share personal data in order to combat the pandemic, while, at the same time, upholding a persistent mistrust in the public and private institutions overseeing this global health crisis. This article interprets these findings from a socio-legal perspective, arguing that people tend to overlook the inalienable nature of the essence of their rights to privacy and data protection, the compression of which is not admissible under EU law. Moreover, the widespread mistrust of public and private actors evidences a divergence between the formal legality of the technological solutions adopted and the legal reality that brings about the Irish public’s perception of government measures as potentially infringing their fundamental rights. These considerations will prompt recommendations in pursuit of enhancing transparency, involvement in decision-making processes and data protection literacy amongst the population.","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46684132","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

COVID-19 and legal responses on the island of Ireland: introducing the key themes 新冠肺炎和爱尔兰岛的法律对策：介绍主要主题

The Northern Ireland legal quarterly Pub Date : 2022-07-28 DOI: 10.53386/nilq.v73i2.1019

Ollie Bartlett, Neil Maddox, R. McQuigg, Andrea Mulligan

引用次数: 0

Procuring in a pandemic: assessing the use of the EU Public Procurement Directives, the Joint Procurement Agreement and advance purchase agreements 疫情中的采购：评估欧盟公共采购指令、联合采购协议和预购协议的使用情况

The Northern Ireland legal quarterly Pub Date : 2022-07-28 DOI: 10.53386/nilq.v73i2.957

E. Mcevoy

{"title":"Procuring in a pandemic: assessing the use of the EU Public Procurement Directives, the Joint Procurement Agreement and advance purchase agreements","authors":"E. Mcevoy","doi":"10.53386/nilq.v73i2.957","DOIUrl":"https://doi.org/10.53386/nilq.v73i2.957","url":null,"abstract":"Since the COVID-19 pandemic began, public procurers have faced an uphill battle to secure urgently required medical countermeasures. Contracting authorities in the face of extreme urgency at the start of the pandemic relied heavily on emergency provisions to deactivate procedural requirements and conclude contracts on the basis of direct negotiation. Additional procurements were conducted at a European Union (EU) level, leveraging the buying power of member states to rapidly secure the acquisitions of medical equipment, medicines, vaccines, booster shots and more recently COVID-19 therapeutics. The article offers an analysis of the use of the negotiation procedures and the European coordinated efforts to conclude COVID-19-related contracts. As we optimistically move towards the final stages of the pandemic, this article argues that it is time to retire the use of emergency procurements. It contends that such emergency provisions are no longer available for use and procurers, if not already, must return to the use of fully transparent and competitive procurement procedures. Furthermore, it suggests that the EU should build on the success of the coordinated approach of competitive tendering and extend the use of the Joint Procurement Agreement to prepare for future cross-border health crises and acquire in-demand medical countermeasures.","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47258668","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

On the compatibility of pandemic data-driven measures with the right to data protection: a review of ‘under-the-radar’ measures adopted in Ireland to contain COVID-19 关于大流行数据驱动措施与数据保护权的兼容性：爱尔兰为遏制新冠肺炎而采取的“雷达不足”措施综述

The Northern Ireland legal quarterly Pub Date : 2022-07-28 DOI: 10.53386/nilq.v73i2.962

M. Porcedda

引用次数: 0

Book review: Pandemic Legalities: Legal Responses to COVID-19 – Justice and Social Responsibility edited by Dave Cowan and Ann Mumford 书评：《大流行病的合法性：对新冠肺炎的法律回应——正义与社会责任》，Dave Cowan和Ann Mumford编辑

The Northern Ireland legal quarterly Pub Date : 2022-07-28 DOI: 10.53386/nilq.v73i2.1014

Clayton Ó Néill

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International law for public health in aviation: the challenges of harmonisation 国际航空公共卫生法：协调的挑战

The Northern Ireland legal quarterly Pub Date : 2022-07-27 DOI: 10.53386/nilq.v73iad1.992

E. Speakman, M. Cameron, A. Grout

{"title":"International law for public health in aviation: the challenges of harmonisation","authors":"E. Speakman, M. Cameron, A. Grout","doi":"10.53386/nilq.v73iad1.992","DOIUrl":"https://doi.org/10.53386/nilq.v73iad1.992","url":null,"abstract":"International laws for commercial aviation have achieved an exceptional degree of harmonisation and greatly improved passenger safety. Yet, despite much international guidance, enforceable laws for public health protection in aviation are mainly the responsibility of national authorities. As a result, public health laws may be incoherent, in conflict with other countries and/or based on disputed scientific evidence. The COVID-19 pandemic has highlighted the responsibility of airlines and regulatory authorities to protect not only air passengers but also populations in destination countries. While the greatest risk to global public health is the potential spread of disease by infected passengers or vectors, lesser-known risks include food contamination, inadequate sanitary facilities and poor air quality within the cabin. In preparedness for inevitable future disease outbreaks and pandemics, an urgent review of international law as it applies to public health in commercial aviation is needed, with greater investment in scientific research to enable more accurate and effective risk assessment and management, supported by enforceable laws and clear responsibility.","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42618002","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

Democracy, expression and the law in our digital age 数字时代的民主、表达和法律

The Northern Ireland legal quarterly Pub Date : 2022-06-16 DOI: 10.53386/nilq.v73is1.1011

Síofra O’leary

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Freedom of Expression 言论自由

The Northern Ireland legal quarterly Pub Date : 2022-05-12 DOI: 10.53386/nilq.v73iad1.995

Sir Declan Morgan

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