Category Archives: Northern Ireland
Christopher McCrudden: Scottish Independence Referendum: the Northern Ireland and international human rights law dimensions
Nick Barber’s post on a Scottish referendum raises many interesting issues, not least the implications of setting the issue in the context of British constitutional development as a whole. He misses at least two pieces of the jigsaw, however, which … Continue reading
Filed under Devolution, Northern Ireland, Scotland
Tarun Khaitan: How to interpret Constitutional Statutes?
Most of us will be aware of the famous remarks of Lord Justice Laws in Thoburn v Sunderland City Council (2002) that constitutional statutes are immune from implied repeal, and therefore somewhat entrenched against Parliament. The issue of the entrenchment … Continue reading
Filed under Devolution, Judicial review, Northern Ireland, Scotland, Wales
Gordon Anthony: Axa – A view from Northern Ireland
It is a little over 6 weeks since the Supreme Court delivered its long-awaited ruling in Axa General Insurance v Lord Advocate [2011] UKSC 46. Although the ruling was of primary importance to Scottish law – see, for instance, its … Continue reading
Filed under Devolution, Northern Ireland, Scotland
Christine Bell: Bills of Rights and Devolution: From the Universal to the Particular.
‘To produce one Bill of rights may be regarded as a misfortune. To produce eight, looks like carelessness’. This blog picks up on Nicholas Barber’s blog of September 11, 2011. There he sketched the complicated options for taking a human … Continue reading
Filed under Constitutional reform, Devolution, Human rights, Northern Ireland, Scotland, UK Parliament, Wales
Colin Harvey: Where now for the Northern Ireland Bill of Rights Process?
The Northern Ireland Human Rights Commission (NIHRC) submitted its advice on a Bill of Rights on 10th December 2008 (I should declare that I served as a human rights commissioner during this time). The Northern Ireland Office (NIO) issued a … Continue reading
Filed under Human rights, Northern Ireland
Gordon Anthony: Article 2 ECHR, controversial deaths, and the “mirror principle”.
Last month’s SC ruling in Re McCaughey ([2011] UKSC 20) is the latest in an important line of HL/SC cases to have originated in Northern Ireland and which have had, as their focus, the domestic law reach of Article 2 … Continue reading
Filed under Human rights, Northern Ireland
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