Judicial Review in Northern Ireland

Judicial Review in Northern Ireland

Author: Gordon Anthony

Publisher: Bloomsbury Publishing

Published: 2024-02-22

Total Pages: 405

ISBN-13: 1509933166

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The 3rd edition of this leading text provides a detailed account of the purposes of judicial review; the nature of the public-private divide in Northern Ireland law; the judicial review procedure; the grounds for review; and remedies. As with the previous editions, the focus is on case law that is unique to Northern Ireland, and the book identifies some important differences between principle and practice in Northern Ireland and England and Wales. These now include differences resulting from the Ireland-Northern Ireland Protocol (as amended by the Windsor Framework), and this edition explains how and when EU law continues to apply in Northern Ireland. It also considers the leading Human Rights Act decisions of the Northern Ireland courts and the House of Lords and UK Supreme Court. The new edition refers to case law from the courts in England and Wales and Scotland; the Court of Justice of the European Union; and the European Court of Human Rights. There is a particular focus on recent rulings of the High Court and Court of Appeal in Northern Ireland and of rulings of the Supreme Court in cases heard on appeal from Northern Ireland. It considers the main points of the Judicial Review Practice Direction 03-2018 and surveys the European Union (Withdrawal) Act 2018 and its implications for Northern Ireland (including the incorporation of the Ireland-Northern Ireland Protocol, as amended by the Windsor Framework). The book will be of use to practitioners in Northern Ireland and the rest of the UK, and also to those involved in the study of judicial reasoning in different jurisdictions (both within the UK and elsewhere).


Judicial Review Handbook

Judicial Review Handbook

Author: The Hon Sir Michael Fordham

Publisher: Bloomsbury Publishing

Published: 2021-01-07

Total Pages: 993

ISBN-13: 1509922849

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Bloomsbury's eBooks are protected using Digital Rights Management (DRM). As such, it is not possible to copy or print this eBook, nor will it be accessible with an Adobe ID other than your own. "...an institution for those who practise public law...it has the authority that comes from being compiled by an author of singular distinction". (Lord Woolf, from the Foreword to the Fifth Edition) The new edition of this Handbook remains an indispensable source of reference and a guide to the case-law in judicial review. Established as an essential part of the library of any practitioner engaged in public law cases, if offers unrivalled coverage of administrative law, including, but not confined to, the work of the Administrative Court and its procedures. Once again completely revised and up-dated, the seventh edition approximates to a restatement of the law of judicial review, organised around 63 legal principles, each supported by a comprehensive presentation of the sources and an unequalled selection of reported case quotations. It also includes essential procedural rules, forms and guidance issued by the Administrative Court. As in the previous edition, both the Civil Procedure Rules and Human Rights Act 1998 feature prominently as major influences on the shaping of the case-law. Attention is also given to impact of the Supreme Court. Here Michael Fordham casts an experienced eye over the Court's work in the area of judicial review, and assesses the signs from a Court that will be one of the key influences in the development of judicial review in the modern era. The author, a leading member of the English public law bar, and now has been involved in many of the leading judicial review cases in recent years and is the founding editor of the Judicial Review journal.


The Foundations and Future of Public Law

The Foundations and Future of Public Law

Author: Elizabeth Fisher

Publisher: Oxford University Press

Published: 2020-01-30

Total Pages: 481

ISBN-13: 0192583905

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Public law in the UK and EU has undergone seismic changes over the last forty years: development and membership of the EU, the Human Rights Act, devolution, the fostering of public law expertise within the judiciary, the globalization of public law, and the increased interaction between the academy, judiciary, barristers, public interest groups, and legislatures have transformed the public law landscape. Commentators spend much time at the frontiers of the subject, responding rapidly to new developments and providing guidance to scholars, legislators, and judges for future directions. In these circumstances, there is rarely a chance to reflect upon the implications of these changes for the fundamentals of public law and how those fundamentals relate to one another. In this collection, leading figures in UK and EU public law address this lacuna. Inspired by the depth, scope, and ambition of the work of Paul Craig, Professor of English Law at Oxford University, the focus of this collection is upon exploring and reflecting upon six fundamentals of public law and the interrelationship between them: legislation, case law, theory, institutions, process, and constitutions.


Law in Northern Ireland

Law in Northern Ireland

Author: Brice Dickson

Publisher: Bloomsbury Publishing

Published: 2018-06-28

Total Pages: 521

ISBN-13: 1509919279

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Law in Northern Ireland is the essential textbook for all students of Northern Ireland's legal system. Changes to this new edition – some of them substantial – have been made to every section, taking full account of five years of developments. The book explores the evolution of law-making in Northern Ireland before going on to explain the relevant constitutional arrangements, how to identify and interpret applicable sources of law, and what are the fundamental rules and principles of public law, criminal law and private law, highlighting where appropriate what may be unusual about them. It contextualises the myriad of legal institutions operating in the jurisdiction, sets out how criminal and civil proceedings work in practice and provides useful information on how people become lawyers, what lawyers actually do once they become qualified and how the legal system is funded. The appendices set out some sample sources of law so that readers can familiarise themselves with what is involved in handling legal documents. The language throughout is accessible and there are Tables of Cases and Legislation, as well as a comprehensive index.


Human Rights Brought Home

Human Rights Brought Home

Author: Simon Halliday

Publisher: Bloomsbury Publishing

Published: 2004-08-12

Total Pages: 292

ISBN-13: 1847311660

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What practical impact does the incorporation of international human rights standards into domestic law have? This collection of essays explores human rights in domestic legal systems. The enactment of the Human Rights Act in 1998, ushering the European Convention on Human Rights fully into UK law, represented a landmark in the UK constitutional order. Other European states similarly have elevated the status of human rights in their domestic legal systems. However, whilst much has been written about doctrinal legal developments, little is yet known about the empirical effects of bringing rights home. This collection of essays, written by a range of distinguished socio-legal scholars, seeks to fill this gap in our knowledge. The essays, presenting new empirical research, begin their enquiry where many studies in human rights finish. The contributors do not stop at the recognition of international law and norms by states, but penetrate the internal workings of domestic legal systems to see the law in action - - as it is developed, contested, manipulated, or even ignored by actors such as judges, lawyers, civil servants, interest groups, and others. This distinctly socio-legal approach offers a unique contribution to the literature on human rights, exploring human rights law-in-action in developed countries. In doing so, it demonstrates the importance of looking beyond grand generalities and the hopes of international human rights law in order to understand the impact of the global human rights movement.


Discrimination Law

Discrimination Law

Author: Aileen McColgan KC

Publisher: Bloomsbury Publishing

Published: 2023-04-20

Total Pages: 800

ISBN-13: 1509928448

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This textbook offers comprehensive coverage of the Equality Act 2010 and deals also with the equality aspects of the Human Rights Act 1998 and European Convention on Human Rights. It encourages critical analysis of equality law to equip the reader with an understanding of the enduring challenges that frame equality law and contemporary responses to those challenges. New content includes a chapter on age discrimination and analysis of the Public Sector Equality Duty. Structured so as to be accessible to the student approaching discrimination law for the first time, the book is also sufficiently detailed and analytical to appeal to the well-informed reader, and to provide those engaged in research with a solid base for further independent study. For the undergraduate student studying discrimination law as a free-standing subject or as part of a wider course, the book provides a one-stop shop. This book is also a key core text for any postgraduate discrimination law course.


Mason and McCall Smith's Law and Medical Ethics

Mason and McCall Smith's Law and Medical Ethics

Author: Graeme T. Laurie

Publisher:

Published: 2019

Total Pages: 775

ISBN-13: 0198826214

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This classic textbook has provided students of medical law and ethics with a framework for exploring this fascinating subject for over 30 years. Providing coverage of all of the topics found on medical law courses, it gives an overview of the inter-relationship between ethical medical practice and the law. Medical law is significantly shaped by the courts, and as such this book provides extensive coverage of recent judicial decisions as well as statutory developments. The new edition continues to evolve to reflect changes in the law and shifting ethical opinions.


Protecting Human Rights and Building Peace in Post-Violence Societies

Protecting Human Rights and Building Peace in Post-Violence Societies

Author: Nasia Hadjigeorgiou

Publisher: Bloomsbury Publishing

Published: 2020-02-20

Total Pages: 295

ISBN-13: 1509923438

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This book critically examines the relationship between protecting human rights and building peace in post-violence societies. It explores the conditions that must be present, and strategies that should be adopted, for the former to contribute to the latter. The author argues that human rights can aid peacebuilding efforts by helping victims of past violence to articulate their grievance, and by encouraging the state to respond to and provide them with a meaningful remedy. This usually happens either through a process of adjudication, whereby human rights can offer guidance to the judiciary as to the best way to address such grievances, or through the passing and implementation of human rights laws and policies that seek to promote peace. However, this positive relationship between human rights and peace is both qualified and context specific. Through an interdisciplinary and comparative analysis of four case studies, the book identifies the conditions that can support the effective use of human rights as peacebuilding tools. Developing these, the book recommends a series of strategies that peacebuilders should adopt and rely on. Winner of the Constantinos Emilianides Award in Law for 2020 (joint conferment).


Economic and Social Rights Law

Economic and Social Rights Law

Author: Katie Boyle

Publisher: Routledge

Published: 2020-06-09

Total Pages: 196

ISBN-13: 1351579762

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This book develops principles of adjudication to facilitate accountability for violations of Economic and Social Rights. Economic and Social Rights engage with areas relating to social justice and their violation tends to impact on the most vulnerable members of society. Taking the UK as a case study, the book draws on international experience and comparative practice, including progressive reform at the devolved subnational level, that demonstrate the potential reach of Economic and Social Rights when the rights are given legal standing in domestic settings according to their status in international law. The work looks at different models of incorporation of rights into domestic law and sets out existing justiciability mechanisms for their enforcement as well as future models open to development. In so doing the book develops principles of adjudication drawn from deliberative democracy theory that help address some of the critiques of social rights adjudication. This book will have a global and cross-sectoral appeal to legal practitioners, the judiciary and the civil services, as well as to researchers, academics and students in the fields of human rights law, comparative constitutional law and deliberative democracy theory. Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.


The Protection Role of National Human Rights Institutions

The Protection Role of National Human Rights Institutions

Author: Bertie G. Ramcharan

Publisher: BRILL

Published: 2005-06-01

Total Pages: 246

ISBN-13: 9047415116

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One of the more promising developments in global efforts to uphold human rights over the past decade has been the growing role of national human rights institutions. A role for national institutions was foreseen by the United Nations Economic and Social Council as early as 1946 and since the adoption of the Universal Declaration of Human Rights in 1948 the Commission on Human Rights and the United Nations Secretariat have sought to promote the role of such institutions. This volume offers a wealth of information on the protection functions of existing national human rights institutions in a wide selection of countries, drawn from Asia, Africa, Europe, Latin America and Oceania. These essays together make clear the genuine striving by national human rights commissions to act for the protection of human rights in the countries they serve, and the variety of protection models that can and are being adopted, both in developed and developing countries.