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Judicial Review In Northern Ireland

Author: Gordon Anthony
Publisher: Bloomsbury Publishing
ISBN: 1849469806
Size: 18.84 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: John F. Larkin (Attorney general)
Publisher:
ISBN: 9780853899150
Size: 74.67 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.

Judicial Review And Social Welfare

Author: Trevor Buck
Publisher: A&C Black
ISBN: 9781855674226
Size: 56.26 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.

Planning Law And Practice In Northern Ireland

Author: Stephen McKay
Publisher: Taylor & Francis
ISBN: 131707999X
Size: 46.52 MB
Format: PDF, Kindle
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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.

Judicial Review In Scotland

Author: Tom Mullen
Publisher: Wiley
ISBN: 9780471966142
Size: 69.50 MB
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"It contains a clear and well-presented account of the nature of the present system and the use which is being made of it. The equivalent procedure in England and Wales and Northern Ireland has also been studied, as experience in those jurisdictions provides a useful touchstone for comparison? all who read this excellent book will benefit from this important research topic ?" From the Foreword of The Right Hon The Lord Hope of Craighead, Lord President of the Court of Session Judicial review has a long history in Scotland but it is only since 1985 that it has been genuinely accessible through a relatively simple procedure. This has resulted in a marked increase in applications and indications are that the number will continue to grow. Through the use of statistical analysis and comparison with the more heavily-used procedures in England and Wales and Northern Ireland, Judicial Review in Scotland provides the first important study into how the process actually works in Scotland and its effect. In particular, the following questions are addressed: how, when and where is judicial review used in Scotland? what factors influence access to judicial review? using homelessness as an example, what impact has judicial review had? Judicial Review in Scotland is essential reading for all practitioners, judges, local authority administrators and voluntary organisations in Scotland. It is equally relevant in England and Wales and Northern Ireland where the substantive law is the same even though procedure differs considerably from Scotland.

Law In Northern Ireland

Author: Brice Dickson
Publisher: Bloomsbury Publishing
ISBN: 1509919287
Size: 54.15 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.

Judicial Review And The Constitution

Author: University of Cambridge. Centre for Public Law
Publisher: Hart Publishing
ISBN: 1841131059
Size: 34.74 MB
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This collection of essays presents opposing sides of the debate over the foundations of judicial review. In this work, however, the discussion of whether the ultra vires doctrine is best characterised as a central principle of administrative law or as a harmless, justificatory fiction is located in the highly topical and political context of constitutional change. The thorough jurisprudential analysis of the relative merits of models of legislative intention and judicial creativity provides a sound base for consideration of the constitutional problems arising out of legislative devolution and the Human Rights Act 1998. As the historical orthodox is challenged by growing institutional independence, leading figures in the field offer competing perspectives on the future of judicial review.

Politics And Peace In Northern Ireland

Author: David Mitchell
Publisher: Oxford University Press
ISBN: 1526122820
Size: 12.96 MB
Format: PDF
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Politics and peace in Northern Ireland analyses the complex and contradictory process of implementing the Good Friday Agreement. Using the lens of security dilemma theory, it begins with an original overview of the conflict, the Agreement and post-1998 politics. The book then explores post-Agreement Northern Ireland through the eyes of each of the four main political parties, showing how they tried to shape the course of peace implementation, and how implementation, in turn, shaped the fates and fortunes of the parties. Drawing on extensive original research, this book explains the promise and limits of the Agreement. It shows how and why the two sides' mutual insecurities repeatedly derailed peace implementation, and reflects on the likely direction of parties and politics in the future. This clearly written and up-to-date book will be of interest to scholars and students of recent Northern Irish history, ethnic conflict and peace-making.