The Law And Practice Of The Ireland Northern Ireland Protocol

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Confused by the Northern Ireland issue in Brexit? This is the book explaining the complex legal arrangements addressing that problem.

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Genre : Law
Author : Christopher McCrudden
Publisher : Cambridge University Press
Release : 2022-02-03
File : 399 Pages
ISBN-13 : 9781009100205


Law In Northern Ireland

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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.

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Genre : Law
Author : Brice Dickson
Publisher : Bloomsbury Publishing
Release : 2023-06-30
File : 531 Pages
ISBN-13 : 9781509961214


The Oxford Handbook Of Religion In Modern Ireland

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What does religion mean to modern Ireland and what is its recent social and political history? The Oxford Handbook of Religion in Modern Ireland provides in-depth analysis of the relationships between religion, society, politics, and everyday life on the island of Ireland from 1800 to the twenty-first century. Taking a chronological and all-island approach, it explores the complex and changing role of religion both before and after partition. The handbook's thirty-two chapters address long-standing historical and political debates about religion, identity, and politics, including religion's contributions to division and violence. They also offer perspectives on how religion interacts with education, the media, law, gender and sexuality, science, literature, and memory. Whilst providing insight into how everyday religious practices have intersected with the institutional structures of Catholicism and Protestantism, the book also examines the island's increasing religious diversity, including the rise of those with 'no religion'. Written by leading scholars in the field and emerging researchers with new perspectives, this is an authoritative and up-to-date volume that offers a wide-ranging and comprehensive survey of the enduring significance of religion on the island.

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Genre : Religion
Author :
Publisher : Oxford University Press
Release : 2024-01-30
File : 625 Pages
ISBN-13 : 9780192639301


Research Handbook On Legal Aspects Of Brexit

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Illustrating the legacy of Brexit, this timely Research Handbook provides a comprehensive and coherent analysis of not only the Brexit process within the UK but also what it means for both the UK and the EU within the framework of their future relationship.

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Genre : Law
Author : Adam Łazowski
Publisher : Edward Elgar Publishing
Release : 2022-11-18
File : 591 Pages
ISBN-13 : 9781800373143


Judicial Review In Northern Ireland

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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).

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Genre : Law
Author : Gordon Anthony
Publisher : Bloomsbury Publishing
Release : 2024-02-22
File : 405 Pages
ISBN-13 : 9781509933167


Not What The Bus Promised

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What does the UK's exit from the EU mean for health and the NHS? This book explains the legal and practical implications of Brexit on the NHS: its staffing; especially on the island of Ireland; medicines, medical devices and equipment; and biomedical research. It considers the UK's post-Brexit trade agreements and what they mean for health, and discusses the effects of the COVID-19 pandemic on post-Brexit health law. To put the legal analysis in context, the book draws on over 400 conversations the authors had with people in the north of England and Northern Ireland, interviews with over 40 health policy stakeholders, details of a film about their research made with ShoutOut UK, the authors' work with Parliaments and governments across the UK, and their collaborations with key actors like the NHS Confederation, the British Medical Association, and Cancer Research UK. The book shows that the language people use to talk about hoped-for legitimate post-Brexit health governance suggests a great deal of faith in law and legal process among 'ordinary people', but the opposite from 'insider elites'. Not What The Bus Promised puts the authors' knowledge and experiences centre frame, rather than claiming to express 'objective reality'. It will be of interest to any reader who cares about the NHS and wants to understand its present and future.

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Genre : Law
Author : Tamara Hervey
Publisher : Bloomsbury Publishing
Release : 2023-10-05
File : 279 Pages
ISBN-13 : 9781509951505


Brexit And The Northern Ireland Constitution

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Brexit and the Northern Ireland Constitution considers the intersection of two processes: the complex and constitutional process of the United Kingdom's withdrawal from the European Union - Brexit - and the steady yet fragile development of the Northern Ireland constitution deriving, primarily, from the Belfast 'Good Friday' Agreement of 1998. Interdisciplinary in approach, the analysis draws on legal and political theory to develop a novel framework for assessing the progressive impact of Brexit on the Northern Ireland constitution based on systematic definitions of both. This approach elucidates dynamics and implications not yet considered in the otherwise extensive debates about Brexit and its impacts on Northern Ireland. Based on detailed analysis of the Brexit process it is argued that its impact on the constitution of Northern Ireland has been profound. Fundamentally, Brexit changed the political and legal environment in which the Northern Ireland constitution had existed for over twenty years. Embracing 'constructive ambiguity' the 1998 Agreement recognises and accommodates the concerns of both unionists and nationalists in Northern Ireland; it did not therefore solve the constitutional conflict but rather allowed it to be managed differently through an innovative system of multileveled governance: within Northern Ireland (power-sharing devolution), on the island of Ireland (North-South cooperation), and between the islands of Great Britain and Ireland (East-West cooperation) all underpinned by a multifaceted principle of constitutional, popular, and cross-community consent. By forcing a paradigmatic shift in the way that the systems of government established by the 1998 Agreement operate, Brexit disrupted the 'constructively ambiguous' compromise that it represents. Completed two years after the legal implementation of UK withdrawal from the EU, Whitten concludes by considering the potential longer-term constitutional repercussions of Brexit both within and beyond Northern Ireland's (recently notorious) borders.

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Genre : Political Science
Author : Lisa Claire Whitten
Publisher : Oxford University Press
Release : 2023-12-12
File : 337 Pages
ISBN-13 : 9780198882046


Pursuit Of Legal Harmony In A Turbulent Europe

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This masterful work brings together the crème de la crème of EU law academics and practitioners in celebration of Eleanor Sharpston, KC. As one of the foremost Advocates General serving the Court of Justice, her opinions shaped various aspects of EU procedural and substantive law. Many of them have quickly become classics (Zambrano, Sturgeon, Miles, Bougnaoui, and Farell II) and they do and will continue to shape EU law now and for decades to come. Her contribution and legacy is expertly assessed over 6 parts spanning: her career; EU constitutional law; fundamental rights and citizenship; litigation; internal market; and external relations. This is a worthy commentary on a truly remarkable legal legacy.

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Genre : Law
Author : Catherine Barnard
Publisher : Bloomsbury Publishing
Release : 2024-10-17
File : 647 Pages
ISBN-13 : 9781509977017


Constitutional Reform And Brexit

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This book examines the extent to which Brexit has impacted upon the operation of the British Constitution, prompting in turn consideration of how some of the factors which contributed to the outcome of the 2016 referendum, as well as the event of Brexit itself, might inform debates surrounding constitutional reform moving forward. The work seeks to make sense of the constitutional implications of Brexit and to revisit some of the key debates that have taken place in respect of particular constitutional reform proposals in order to assess the extent to which recent Brexit-related developments inform the perspectives which are taken upon their merits and prospects. The book is divided into two parts. The first provides some context for the substantive treatment of the potential impact of Brexit on constitutional reform debates which forms the focus of Part II. Part II centres on various specific constitutional reform themes or issues, which are explored further within the context of Brexit. For each such issue, the main parameters of the debates which have taken place are sketched out before moving on to consider how it has informed, or may come to be informed, by the phenomenon of Brexit. By so doing, it looks to some future directions for constitutional reform which take account of the factors driving the discourses which gave rise to the referendum outcome and subsequent developments, as well as offering meaningful responses to these. The book will be of interest to academics, researchers and policy-makers working in the areas of constitutional law, constitutional politics, philosophy and history.

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Genre : Law
Author : Gary Wilson
Publisher : Taylor & Francis
Release : 2023-06-30
File : 136 Pages
ISBN-13 : 9781000900422


Making Sense Of A United Ireland

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'Should be required reading for everyone - including unionists - who are interested in and concerned about the fate of this island' Dublin Review of Books 'Compelling' Financial Times Will Ireland really reunite? A century ago the resolution to Ireland’s long struggle for independence was a settlement that saw six of its northern counties remain in the United Kingdom while the other twenty-six formed the new Republic of Ireland. Since partition the unification of the two parts of the island has seemed impossible, particularly because of the bloody legacy of past conflict. However, by 2030, if not sooner, demographic and electoral advantages of Ulster unionists, who wish to remain part of the UK, will be over. And in the light of Brexit, the rising popularity of the Irish nationalist party Sinn Féin, political developments both sides of the border, and within Great Britain, Irish unification referendums will become increasingly likely. Yet even those who want these to happen are not prepared. Making Sense of a United Ireland is a landmark exploration of this most contentious of issues. Distinguished political scientist Brendan O'Leary - a global expert on divided places, who has been profoundly engaged with the Irish question for nearly four decades - argues that the time to consider the future of the island of Ireland is now. 'The first comprehensive manual of Irish unification' Irish Times ‘Several books have been written about this subject . . . for sheer intellectual firepower O’Leary wins first prize’ Business Post 'A tour de force' Globe and Mail 'A must-read for anyone who lives in Northern Ireland and thinks seriously about its future. [O'Leary has] thought through the implications of possible unity so deeply it would be foolish for anyone who seeks it or opposes it to ignore his book' Cathal Mac Coille 'Impressively researched and well-argued ... detailed and readable' Irish Independent 'Brilliant' Brian Feeney, Irish News ____ 'Highly readable, stylishly written, and essential' Irish Central

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Genre : Political Science
Author : Brendan O'Leary
Publisher : Random House
Release : 2022-09-01
File : 293 Pages
ISBN-13 : 9781844886067