The Good Friday Agreement of 1998 (or Belfast Agreement) promises the people of Northern Ireland a fresh start underpinned by guarantees on human rights, equality, and participation. Scholars from Ireland and England examine developments in Northern Ireland stemming from the Agreement and identify key themes in the current law and politics of Northern Ireland. Topics discussed include Northern Ireland and the European Union, the role of the Northern Ireland Human Rights Commission, and policing in Northern Ireland. Harvey teaches constitutional and human rights law at the University of Leeds. Distributed by ISBS. c. Book News Inc.

In this book, one of the leading authorities on contemporary Northern Ireland politics provides an original, sophisticated and innovative examination of the post-Belfast agreement political landscape. Written in a fluid, witty and accessible style, this book explores: how the Belfast Agreement has changed the politics of Northern Ireland whether the peace process is still valid the problems caused by the language of politics in Northern Ireland the conditions necessary to secure political stability the inability of unionists and republicans to share the same political discourse the insights that political theory can offer to Northern Irish politics the future of key political parties and institutions.

In recent years a number of countries have introduced affirmative action programmes in order to put right historical injustices and economic inequalities involving ethnic communities. This book examines affirmative action programmes in a range of countries around the world. It discusses how such programmes came about and how they have been implemented, and examines their effectiveness. Throughout it explores how far affirmative action programmes reinforce ethnic identities and thereby contribute to division and conflict. The countries covered are India, the United States, South Africa, Northern Ireland, Brazil, Malaysia and Fiji.

In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.

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).

In this book, leading experts from across the common law world assess the impact of four seminal House of Lords judgments decided in the 1960s: Ridge v Baldwin, Padfeld v Minister of Agriculture, Conway v Rimmer, and Anisminic v Foreign Compensation Commission. The 'Quartet' is generally acknowledged to have marked a turning point in the development of court-centred administrative law, and can be understood as a 'formative moment' in the emergence of modern judicial review. These cases are examined not only in terms of the points each case decided, and their contribution to administrative law doctrine, but also in terms of the underlying conception of the tasks of administrative law implicit in the Quartet. By doing so, the book sheds new light on both the complex processes through which the modern system of judicial review emerged and the constitutional choices that are implicit in its jurisprudence. It further reflects upon the implications of these historical processes for how the achievements, failings and limitations of the common law in reviewing actions of the executive can be evaluated.

A collection of papers presenting critical perspectives in the development of asylum law with a focus on European and UK developments, incorporating international human rights law and comparative law perspectives. Issues covered range from law-making at the EU level, with a particular focus on extra-territorial processing of refugees claims, asylum procedures, family members of those in need of protection, welfare benefits and impact of national level on the reception of EU norms. Domestic and comparative perspectives offered include discussions on detention, judicial decision-making, appeal rights, claims processing with particular reference to the role of interpreters and developments in Australia which have provided a model of thought worthy of emulation in the UK.

The study is the result of an international collaborative project supported and funded by the Carnegie Corporation of New York. This multi-year venture has involved a research team of some forty chapter authors and commentators. The research has been accompanied by three major workshops on project methodology, initial chapter reviews and final discussions. A point was made of including both scholars and practitioners involved in power-sharing settlements in the review process, in the hope that more would be learned about the actual implementation of the settlements under investigation. The project team was united in its wish to explore whether long-standing secessionist conflicts have been addressed effectively through the significant number of self-determination settlements that were generated in response to the wave of internal conflicts of the 1990s. It was also committed to testing whether consociationalist and integrative techniques of conflict settlement really are as mutually exclusive as is sometimes supposed, or whether they can in fact be mutually reinforcing. Finally, the project derives its impetus from the necessity to critically rethink the doctrine of self-determination. One may question whether its traditional, restrictive interpretation will be adequate in confronting the wide variety of future challenges to the territorial integrity of states.

Regional Autonomy, Cultural Diversity and Differentiated Territorial Government assesses the current state of the international theory and practice of autonomy in order to pursue the possibility of regional self-government in Tibet. Initiated by a workshop and roundtable with political representatives from different autonomous regions, including His Holiness the 14th Dalai Lama, this book brings together a group of distinguished international scholars to offer a much-needed enquiry into solutions to the Tibetan quest for ‘genuine’ autonomy. Examining the Chinese framework of regional self-government, along with key international cases of autonomy in Europe, North America and Asia, the contributors to this volume offer a comprehensive context for the consideration of both Tibetan demands and Chinese worries. Their insights will be invaluable to academics, practitioners, diplomats, civil servants, government representatives, international organisations and NGOs interested in the theory and practice of autonomy, as well as those concerned with the future of Tibet.

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.