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Judicial Review In Northern Ireland

Author: Gordon Anthony
Publisher: Bloomsbury Publishing
ISBN: 1849469806
Size: 21.42 MB
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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, it 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 focus of the book is very much 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).

Judicial Review In Northern Ireland

Author: Gordon Anthony
Publisher: Bloomsbury Publishing
ISBN: 1782252320
Size: 37.16 MB
Format: PDF, Mobi
View: 5509
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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, it 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 focus of the book is very much 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).

Judicial Review In Northern Ireland

Author: John F. Larkin (Attorney general)
Publisher:
ISBN: 9780853899150
Size: 17.23 MB
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A comprehensive text covering the judicial review process within the jurisdiction of Northern Ireland. This title covers such topics as: The Grounds for Judicial Review; Initiating an Application for Judicial Review; The Grant or Refusal of Leave; Timing and Delay; The Public/Private Divide and Related Topics; and, Standing and Capacity.

Northern Irish Feminist Judgments

Author: Máiréad Enright
Publisher: Bloomsbury Publishing
ISBN: 1509908943
Size: 66.12 MB
Format: PDF, ePub
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The Northern/Irish Feminist Judgments Project inaugurates a fresh dialogue on gender, legal judgment, judicial power and national identity in Ireland and Northern Ireland. Through a process of judicial re-imagining, the project takes account of the peculiarly Northern/Irish concerns in shaping gender through judicial practice. This collection, following on from feminist judgments projects in Canada, England and Australia takes the feminist judging methodology in challenging new directions. This book collects 26 rewritten judgments, covering a range of substantive areas. As well as opinions from appellate courts, the book includes fi rst instance decisions and a fi ctional review of a Tribunal of Inquiry. Each feminist judgment is accompanied by a commentary putting the case in its social context and explaining the original decision. The book also includes introductory chapters examining the project methodology, constructions of national identity, theoretical and conceptual issues pertaining to feminist judging, and the legal context of both jurisdictions. The book, shines a light on past and future possibilities - and limitations - for judgment on the island of Ireland. 'This book provides a rich and expansive addition to the feminist judgments catalogue. The ... judgments demonstrate powerfully how Northern/Irish judges have contributed to the gendered politics of national identity, and how the narrow subject-positions they have created for women and 'others' could have been so much wider and more open.' Professor Rosemary Hunter, School of Law, Queen Mary University London. 'The Northern/Irish Feminist Judgments Project is inspirational reading for anyone interested in feminism or Irish studies ... It is a model of how to conduct feminist enquiry. Its most innovative contribution to scholarship and politics is how the rewriting of landmark legal judgments from a feminist perspective allows us to imagine (and therefore begin to construct) a more egalitarian, a more just, future.' Associate Professor Katherine O'Donnell, School of Philosophy, University College Dublin. If you let it, this book will make you think. ... It made me think – it reminded me, I suppose – that legal writing can be wonderful: rigorous, creative, deeply observant, provocative. Read it and see what it makes you think. Professor Thérèse Murphy, School of Law, Queen's University Belfast

Judicial Review And Social Welfare

Author: Trevor Buck
Publisher: A&C Black
ISBN: 9781855674226
Size: 43.72 MB
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The essays that comprise this collection focus on the impact and future developments of judicial review in a number of social welfare situations that include homelessness, housing benefit, immigration and social security, to name but a few.

Uk Public Law And European Law

Author: Gordon Anthony
Publisher: Bloomsbury Publishing
ISBN: 1847311954
Size: 66.49 MB
Format: PDF
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Academic attention has,in recent years, increasingly focused upon the Europeanization of national legal orders. The interaction of domestic and supranational standards, while often presented as problematic, enables national courts to use European law as a reference point against which to develop domestic principle and practice. The effects of such borrowing can be far-reaching. Courts may assume an enhanced institutional role relative to other branches of the State and individuals may benefit from the introduction of new remedies and principles of judicial review. This book examines the dynamics of the process whereby UK courts borrow principle and practice from European law. It argues that recent internal developments in UK law, notably the passage of the Human Rights Act, present new possibilities for legal integration. Although UK courts have already demonstrated a willingness to use European law creatively, the book suggests that integration has been unduly constrained by the previously unincorporated status of the ECHR and by the courts' justification for the reception of EU law. Focusing in particular on the principles of administrative law applied by courts in judicial review proceedings, the book highlights how the emergence of new principles of review has been frustrated by the courts' inability to view EU law and the ECHR as part of an interlocking whole. The book's central argument, therefore, is that the Human Rights Act, coupled with the more general programme of constitutional reform introduced by New Labour, now offers the courts the opportunity to reassess the nature of the interactive relationship that domestic law has with European law. UK Public Law and European Law: The Dynamics of Legal Integration will be of interest to public lawyers, European lawyers and political scientists alike. It offers a comprehensive overview of existing jurisprudence dealing with the reception of European law into the domestic order. More significantly, it places that jurisprudence within the wider context of legal and political change ongoing within and without the United Kingdom.

Law In Northern Ireland

Author: Brice Dickson
Publisher: Bloomsbury Publishing
ISBN: 1509919279
Size: 75.58 MB
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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.

Planning Law And Practice In Northern Ireland

Author: Stephen McKay
Publisher: Taylor & Francis
ISBN: 131707999X
Size: 39.41 MB
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Each of the jurisdictions within the UK and Ireland is refining the operational characteristics of its planning system and while there are some common practices, it is also the case that there are substantive divergences. In each territory the planning template is fundamentally shaped within a dynamic legal context and thus, students and practitioners of planning need accessible, informative and up-to-date literature dealing with this matter. Planning Law and Practice in Northern Ireland provides an interpretive narrative of the statutes, case law and planning procedures that have shaped its planning system, with due regard being given to the combined influences emanating from European Union, UK and Northern Ireland planning governance. The contributions in this book explore the evolution of planning in Northern Ireland and discuss key facets of development management, enforcement, environmental law, equality, property law and professional ethics. This book makes an important contribution to the wider literature in this field and provides an essential reference to students, planning practitioners and researchers.

Planning Law And Practice In Northern Ireland

Author: Stephen McKay
Publisher: Taylor & Francis
ISBN: 131707999X
Size: 76.49 MB
Format: PDF, Kindle
View: 3801
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Each of the jurisdictions within the UK and Ireland is refining the operational characteristics of its planning system and while there are some common practices, it is also the case that there are substantive divergences. In each territory the planning template is fundamentally shaped within a dynamic legal context and thus, students and practitioners of planning need accessible, informative and up-to-date literature dealing with this matter. Planning Law and Practice in Northern Ireland provides an interpretive narrative of the statutes, case law and planning procedures that have shaped its planning system, with due regard being given to the combined influences emanating from European Union, UK and Northern Ireland planning governance. The contributions in this book explore the evolution of planning in Northern Ireland and discuss key facets of development management, enforcement, environmental law, equality, property law and professional ethics. This book makes an important contribution to the wider literature in this field and provides an essential reference to students, planning practitioners and researchers.