Bordering Britain
Bordering Britain

Author: Nadine El-Enany

Publisher: Manchester University Press

Published: 2020-02-11

Total Pages: 331

ISBN-13: 1526145448

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(B)ordering Britain argues that Britain is the spoils of empire, its immigration law is colonial violence and irregular immigration is anti-colonial resistance. In announcing itself as postcolonial through immigration and nationality laws passed in the 60s, 70s and 80s, Britain cut itself off symbolically and physically from its colonies and the Commonwealth, taking with it what it had plundered. This imperial vanishing act cast Britain's colonial history into the shadows. The British Empire, about which Britons know little, can be remembered fondly as a moment of past glory, as a gift once given to the world. Meanwhile immigration laws are justified on the basis that they keep the undeserving hordes out. In fact, immigration laws are acts of colonial seizure and violence. They obstruct the vast majority of racialised people from accessing colonial wealth amassed in the course of colonial conquest. Regardless of what the law, media and political discourse dictate, people with personal, ancestral or geographical links to colonialism, or those existing under the weight of its legacy of race and racism, have every right to come to Britain and take back what is theirs.

The Law and Practice of the Ireland-Northern Ireland Protocol
The Law and Practice of the Ireland-Northern Ireland Protocol

Author: Christopher McCrudden

Publisher: Cambridge University Press

Published: 2022-02-03

Total Pages: 399

ISBN-13: 1009117963

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The Ireland-Northern Ireland Protocol, part of the Withdrawal Agreement concluded between the European Union and the United Kingdom, is intended to address the difficult and complex impact of Brexit on the island of Ireland, North and South, and between Ireland and Great Britain. It has become an exceptionally important, if controversial, part of the new architecture that governs the relationship between the UK and the EU more generally, covering issues that range from trade flows to free movement, from North-South Co-operation to the protection of human rights, from customs arrangements to democratic oversight by the Northern Ireland Assembly. This edited collection offers insights from a wide array of academic experts and practitioners in each of the various areas of legal practice that the Protocol affects, providing a comprehensive examination of the Protocol in all its legal dimensions, drawing on international law, European Union Law, and domestic constitutional and public law. This title is also available as Open Access.

Towards an Economic Sociology of Law
Towards an Economic Sociology of Law

Author: Diamond Ashiagbor

Publisher: Wiley-Blackwell

Published: 2013-04-01

Total Pages: 0

ISBN-13: 9781118508251

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Reflecting a developing trend towards interdisciplinary research in economics and law, this agenda-setting volume makes the case for economic sociology of law – an emerging field that draws on empirical, analytical and normative insights from sociology to investigate relationships between legal and economic phenomena. It locates this novel subject in a wider socio-legal tradition and identifies common ground between Polanyian and Weberian approaches to the law, economy, and society, despite the two theorists’ divergent views on the functionality of the capitalist model. The volume provides a platform for researchers’ critical responses to the ‘social embeddedness’ of market societies. Contributors demonstrate the value of applying a combination of methods in their work, from heterogeneous disciplines such as legal history and ethnography. They consider the position in the western and developed nations, as well as in post-colonial polities. The resulting publication is a well-crafted primer on a specialism that, by combining the insights of socio-economic analysis with the formative influences exerted by their specific legal contexts, informs a more nuanced assessment of law, economics and society.

Law in Northern Ireland
Law in Northern Ireland

Author: Brice Dickson

Publisher: Bloomsbury Publishing

Published: 2023-06-30

Total Pages: 531

ISBN-13: 1509961216

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This textbook presents an engaging and thorough examination of the law in Northern Ireland. It guides students through the evolution of law-making, the legislative process, courts, and case law and presents a clear overview of the fundamental rules and principles of international law, public law, criminal law, and private law. It contextualises the myriad 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 sample sources of law so that readers can familiarise themselves with what is involved in handling legal documents. This edition has been updated following recent legal developments in Northern Ireland including the 'New Decade, New Approach' agreement of 2020 and the different elements of the power-sharing government, such as the proposed Languages Bill and the Northern Ireland (Ministers, Elections and Petitions of Concern) Bill. It explains the effect of Brexit, in particular the new concept of 'retained EU law' and the effect of the Ireland / Northern Ireland Protocol to the EU-UK Withdrawal Agreement. Setting out the implications of the recent UK-wide reviews of administrative law and the Human Rights Act for Northern Ireland, the book examines the work of the shadow Civil Justice Council and Family Justice Board and looks at the latest developments in the reform of abortion law. It explores new Assembly legislation that addresses the use of committal proceedings in criminal cases, the protection afforded to victims of domestic violence, and the rights of other victims, for example in relation to compensation for victims and survivors of the troubles and the appointment of an interim Victims of Crime Commissioner.

The Northern Ireland Question
The Northern Ireland Question

Author: Patrick John Roche

Publisher:

Published: 2013

Total Pages: 292

ISBN-13: 1783240008

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Barton and Roche have drawn on the expertise of scholars in Irish history, political philosophy, sociology, demography and criminal and constitutional law to provide a major contribution to understanding the dynamics of the terrorist conflict that engulfed Northern Ireland for thirty years. The legal dimension of the book provides accessible understanding both of the use of the criminal law in response to terrorism and of the constitutional status of Northern Ireland prior to the 1998 Belfast Agreement. The Northern Ireland Question: Myth and Reality explicates the civic character of unionism which differentiates unionism as a form of political identity from the ethnicity of traditional Irish nationalism. The contributions explore the ambiguities of southern Irish politics with respect to 'the Northern Ireland question' and challenge a conventional and widely accepted understanding (inimical to unionism and unionists) of the genesis of the terrorist conflict in Northern Ireland and the extent of discrimination under the Stormont administration but without loss of objectivity and professional detachment.

Medical Decision-Making on Behalf of Young Children
Medical Decision-Making on Behalf of Young Children

Author: Imogen Goold

Publisher: Bloomsbury Publishing

Published: 2020-09-17

Total Pages: 414

ISBN-13: 1509928588

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In the wake of the Charlie Gard and Alfie Evans cases, a wide-ranging international conversation was started regarding alternative thresholds for intervention and the different balances that can be made in weighing up the rights and interests of the child, the parent's rights and responsibilities and the role of medical professionals and the courts. This collection provides a comparative perspective on these issues by bringing together analysis from a range of jurisdictions across Europe, North and South America, Africa and Asia. Contextualising the differences and similarities, and drawing out the cultural and social values that inform the approach in different countries, this volume is highly valuable to scholars across jurisdictions, not only to inform their own local debate on how best to navigate such cases, but also to foster inter-jurisdictional debate on the issues. The book brings together commentators from the fields of law, medical ethics, and clinical medicine across the world, actively drawing on the view from the clinic as well as philosophical, legal and sociological perspectives on the crucial question of who should decide about the fate of a child suffering from a serious illness. In doing so, the collection offers comprehensive treatment of the key questions around whether the current best interests approach is still appropriate, and if not, what the alternatives are. It engages head-on with the concerns seen in both the academic and popular literature that there is a need to reconsider the orthodoxy in this area.

Planning Law and Practice in Northern Ireland
Planning Law and Practice in Northern Ireland

Author: Stephen McKay

Publisher: Taylor & Francis

Published: 2022-10-24

Total Pages: 475

ISBN-13: 1000728757

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Each of the jurisdictions within the United Kingdom is constantly refining the operational characteristics of its planning system and while there are some common practices, there are also substantive divergences. In each territory the planning template is shaped within a dynamic political and legal context and thus students and practitioners require an accessible, in-depth and up-to-date literature dealing with this matter. The multi-disciplinary contributors to this expanded Second Edition of Planning Law and Practice in Northern Ireland explore the progression of planning within the region and discuss prominent facets of contemporary development management, development plans, environmental law, property law and professional practice. Consideration is given to the consequences of Brexit for planning in Northern Ireland, devolved government institutional structures for planning, and the post-2015 emergent performance of local authorities in this arena. The book makes an important contribution to the wider literature in this field and, with its extensive citing of statutes and cases, provides an essential resource for students, planning practitioners and researchers.