This book provides the first comprehensive account of the role played by the European Convention on Human Rights during the conflict in Northern Ireland from 1968. Brice Dickson studies the effectiveness of the Convention in protecting human rights in a society wracked by terrorism and deep political conflict, detailing the numerous applications lodged at Strasbourg relating to the conflict and considering how they were dealt with by the enforcement bodies. The book illustrates the limitations inherent in the Convention system but also demonstrates how the European Commission and Court of Human Rights gradually developed a more interventionist approach to the applications emanating from Northern Ireland. In turn this allowed the Convention to become a more secure guarantor of basic rights and freedoms during times of extreme civil unrest and political turmoil elsewhere in Europe. The topics examined include the right to life, the right not to be ill-treated, the right to liberty, the right to a fair trial, the right to a private life, the right to freedom of belief, the right to freedom of expression, the right to freedom of assembly, and the right not to be discriminated against. The book argues that, while eventually the European Court did use the applications from Northern Ireland to establish important human rights principles, their development was slow and arduous and some gaps in protection still remain. The book illustrates the limits of the European Convention as a tool for protecting human rights in times of crisis.

In its case law on the use of lethal and potentially lethal force, the European Court of Human Rights declares a fundamental connection between the right to life in Article 2 of the European Convention on Human Rights and democratic society. This book discusses how that connection can be understood by using narrative theory to explore Article 2 law's specificities and its deeper historical, social and political significance. Focusing on the domestic policing and law enforcement context, the book draws on an extensive analysis of case law from 1995 to 2017. It shows how the connection with democratic society in Article 2's substantive and procedural dimensions underlines the right to life's problematic duality, as an expression of a basic value demanding a high level of protection and a contextually limited provision allowing states leeway in the use of force. Emphasising the need to identify clear standards in the interpretation and application of the right to life, the book argues that Article 2 law's narrative dimensions bring to light its core purposes and values. These are to extract meaning from pain and death, ground democratic society's foundational distinction between acceptable force and unacceptable violence, and indicate democratic society's essential attributes as a restrained, responsible and reflective system.

The United Kingdom has been a member of the European Union for forty three years. Although EU membership has brought numerous indisputable benefits, anti-EU sentiment, simmering for decades, has now reached the point where an upcoming referendum could quite possibly lead to exit from the Union - an enormously topical issue dubbed 'Brexit'. This very timely book addresses the major concerns and uncertainties associated with this looming prospect. Outstanding scholars of British constitutional law and EU law discuss such factors as the impact of EU membership on the UK constitution and the perspectives of the UK's constituent regions, along with numerous practical issues of economics and administration. Specific topics covered include: - the EU and the sovereignty debate; - the impact of Brexit in the devolved United Kingdom; - options available to the UK; - residence rights post-Brexit; - debates over the structure of the referendum; - existing and potential role of jurisprudence (domestic and EU); - environmental law; - negotiating treaties; - judicial protection; - Opt-outs; - EU criminal law; - labour rights; - equal protection; - human rights under the Charter of Fundamental Rights; and - financial and economic governance. With Brexit becoming the largest single issue to affect the United Kingdom's place in the world, this volume is certain to be widely read and referenced in the time before, during, and after the referendum. It will also remain of great value as social, political, and economic events unfold in the post-referendum United Kingdom.

As politicians, public bodies and non-Governmental organisations continue to profess an interest in making peace with the past, this highly original study explores the motivation, significance and legacy of ‘making public’ experiences of state violence in Northern Ireland. Based on a synthesis of documentary material with the findings from a series of contemporary interviews, this timely book uncovers the reasoning behind many Republican former detainees’ accounts of state violence and torture. It examines the aims of those who ‘went public’ during the conflict and discusses the meaning they attached to their stories and the various responses to them. It also identifies some of the risks involved in criticising the violence of the British State and illuminates the ways in which ‘truths’ are often contested in Northern Ireland - both during the conflict and in the years which have followed. A unique piece of interdisciplinary work, the study disentangles and evaluates the discourses presented by former detainees and makes an innovative and interesting contribution to knowledge about transitional justice and legacies of state violence. The book is suitable for social science scholars interested in human rights, state violence, criminology and transitional justice, as well as those seeking to understand more about experiences of imprisonment and the legacy of the Northern Ireland conflict.

This is the second edition of Hart's leading book on the principle and practice of judicial review in Northern Ireland. Providing a fully updated account of the ever-burgeoning body of case law, this book divides into eight chapters that consider 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 first edition, the book focuses 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. It also considers the leading Human Rights Act decisions of the Northern Ireland courts and the House of Lords and UK Supreme Court. The book has been written primarily for practitioners of judicial review and uses numbered paragraphs for ease of reference. The book is, however, of much wider interest and is a valuable resource for academics and students alike. Much of the Northern Ireland case law has been concerned with contentious political issues, and the courts have had to consider difficult questions of the constitutional limits to the judicial role in review proceedings. The book should therefore be of use not just to practitioners but also to those involved in the study of judicial reasoning in different jurisdictions (both within the UK and elsewhere).

"For several decades conflicts within states rather than between them have been the prevalent form of organised political violence worldwide. Most intra-state conflicts since 1945 have originated in insurgencies, not just against incumbent regimes but, more often, against those regimes' external sponsors, whether imperial governments or dominant regional powers. This Handbook focuses on the former group, on the insurgencies and counter-insurgencies fought out as European overseas empires collapsed. Seeking to identify the causal dynamics and violence processes of such violent decolonization, the Handbook will address the most taxing problems in conflict limitation: how to constrain the actions of insurgents and counter-insurgents in asymmetric 'guerrilla wars'; how to mitigate the consequences of proxy involvement in intra-state conflicts; and how to protect civilians in war zones where combatant-non-combatant distinctions have broken down. Underlying these questions is a unifying theme - and a core Handbook objective - the need to recognize the cultural practices of insurgent movements and counter-insurgent forces as a prerequisite to comprehending their violence"--

'...an important volume for anyone anxious to understand the fundamentals of politics in Northern Ireland today.' - Margaret O'Callaghan, Irish Times Facets of the Conflict in Northern Ireland is written by practising social science researchers, all currently - or recently - working within Northern Ireland. It provides an up-to-date background to the conflict and much of the material used arises from the wide range of funded researches carried out at the Centre for the Study of Conflict, University of Ulster, during the past sixteen years. Each chapter focuses on a different facet of the problem, and these include social, legal, political, religious, economic and cultural matters.

A constant yet oftentimes concealed practice in war has been the use of informers and collaborators by parties to an armed conflict. Despite the prevalence of such activity, and the serious and at times fatal consequences that befall those who collaborate with an enemy, international law applicable in times of armed conflict does not squarely address the phenomenon. The recruitment, use and treatment of informers and other collaborators is addressed only partially and at times indirectly by international humanitarian law. In this book, Shane Darcy examines the development and application of the relevant rules and principles of the laws of armed conflict in relation to collaboration. With a primary focus on international humanitarian law as may be applicable to various forms of collaboration, the book also offers an assessment of the relevance of international human rights law.

This book examines the jurisprudence of the Supreme Court of Ireland since its creation in 1924. It sets out the origins of the Court, explains how it operated during the life of the Irish Free State (1922-1937), and considers how it has developed various fields of law under Ireland's 1937 Constitution, especially after the 're-creation' of the Court in 1961. As well as constitutional law, the book looks at the Court's views on the status and legal system of Northern Ireland, administrative law, criminal justice and personal and family law. There are also chapters on the Supreme Court's interaction with European Union law and with the European Convention on Human Rights. The argument throughout is that, while the Court has been well served by many of its judges, who on occasion have manifested a healthy degree of judicial activism, there are still several legal fields in which the Court has not developed its jurisprudence as clearly or as imaginatively as it might have done. It has often displayed undue conservatism and deference. For many years its performance was hampered by its extreme workload, generated by its inability to control the number of appeals brought to it. However, the creation of a new Court of Appeal in 2014 has freed up the Supreme Court to act in a manner more analogous to that adopted by supreme courts in other common law countries. The Court's future looks bright.

This book examines the role played by one important external stakeholder, Atlantic Philanthropies, a limited-life foundation, in helping to build peace and promote reconciliation in Northern Ireland. Northern Ireland is now referred to as a post-conflict society largely due to the absence of political violence and relatively stable political institutions. These are necessary but insufficient conditions for what Galtung has described as ‘positive peace’, which requires a more fundamental review of the structural inequalities that contributed to the conflict in the first place. Using detailed case studies the authors illustrate the role played by voluntary and community sector groups, funded by Atlantic Philanthropies, in influencing the public policy agenda and securing long term systemic changes. They also critique the work of Atlantic as a ‘pay to play’ organization whose original mission moved from funding the higher education sector on the island of Ireland to become a key foundation with a significant role in the peace process.