Human Rights Equality And Democratic Renewal In Northern Ireland

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Human Rights, Equality and Democratic Renewal in Northern Ireland

Author : Colin Harvey
Publisher : Bloomsbury Publishing
Page : 336 pages
File Size : 40,6 Mb
Release : 2001-03-26
Category : Law
ISBN : 9781847311443

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Human Rights, Equality and Democratic Renewal in Northern Ireland by Colin Harvey Pdf

Recent developments in Northern Ireland have correctly been described as historic. While the future of constitutional change is by no means certain,events merit close scrutiny. The Good Friday Agreement 1998 marked a significant departure from incrementalism and thus with the dominant logic of British constitutionalism. The Agreement is in essence a constitutional promise anchored in clear normative principles. Although several aspects of the Agreement are in operation there is no guarantee that this new form of constitutionalism will work. However, the foundations of the settlement are clear. The building blocks reflect a strong commitment to human rights, equality and democratic renewal which encompasses a multiplicity of overlapping relationships. This book examines several key aspects of this complex picture. Developments in Northern Ireland have attracted a large measure of international interest. Reflecting this the contributors demonstrate the links to current controversies in constitutional and human rights law scholarship. At a time when there is much consideration of constitutional change in the UK and beyond, the intention is to offer a collection that both describes the changing legal and political landscape in Northern Ireland and one which provides a significant contribution to current debates on constitutionalism.

Human Rights, Equality and Democratic Renewal in Northern Ireland

Author : Colin Harvey
Publisher : Hart Publishing
Page : 338 pages
File Size : 46,5 Mb
Release : 2001-03
Category : Law
ISBN : 9781841131191

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Human Rights, Equality and Democratic Renewal in Northern Ireland by Colin Harvey Pdf

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.

Affirmative Action, Ethnicity and Conflict

Author : Edmund Terence Gomez,Ralph Premdas
Publisher : Routledge
Page : 229 pages
File Size : 46,9 Mb
Release : 2024-06-13
Category : Electronic
ISBN : 9780415645065

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Affirmative Action, Ethnicity and Conflict by Edmund Terence Gomez,Ralph Premdas Pdf

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.

Devolution, Law Making and the Constitution

Author : Robert Hazell,Richard Rawlings
Publisher : Andrews UK Limited
Page : 356 pages
File Size : 50,9 Mb
Release : 2015-12-01
Category : Political Science
ISBN : 9781845408152

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Devolution, Law Making and the Constitution by Robert Hazell,Richard Rawlings Pdf

Law making is a primary function of government, and how well the three devolved UK legislatures exercise this function will be a crucial test of the whole devolution project. This book provides the first systematic study and authoritative data to start that assessment. It represents the fruits of a four-year collaboration between top constitutional lawyers from Scotland, Wales and Northern Ireland and leading researchers in UCL's Constitution Unit. The book opens with detailed studies of law making in the period 1999–2004 in the Scottish Parliament and the Assemblies in Wales and Northern Ireland, and how they interact with Westminster. Later contributions look at aspects of legislative partnership in the light of the UK's strongly asymmetric devolutionary development, and also explain the unexpected impact of devolution on the courts. Individual chapters focus on various constitutional aspects of law making, examining the interplay of continuity and change in political, legal and administrative practice, and the competing pressures for convergence and divergence between the different parliaments and assemblies. This book is essential reading for academics and students in law and in politics, and for anyone interested in the constitutional and legal aspects of UK devolution, not least the practitioners and policymakers in London, Edinburgh, Cardiff and Belfast.

Parliaments and Human Rights

Author : Murray Hunt,Hayley Hooper,Paul Yowell
Publisher : Bloomsbury Publishing
Page : 478 pages
File Size : 48,9 Mb
Release : 2015-04-30
Category : Law
ISBN : 9781782254379

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Parliaments and Human Rights by Murray Hunt,Hayley Hooper,Paul Yowell Pdf

In many countries today there is a growing and genuinely-held concern that the institutional arrangements for the protection of human rights suffer from a 'democratic deficit'. Yet at the same time there appears to be a new consensus that human rights require legal protection and that all branches of the state have a shared responsibility for upholding and realising those legally protected rights. This volume of essays tries to understand this paradox by considering how parliaments have sought to discharge their responsibility to protect human rights. Contributors seek to take stock of the extent to which national and sub-national parliaments have developed legislative review for human rights compatibility, and the effect of international initiatives to increase the role of parliaments in relation to human rights. They also consider the relationship between legislative review and judicial review for human rights compatibility, and whether courts could do more to incentivise better democratic deliberation about human rights. Enhancing the role of parliaments in the protection and realisation of human rights emerges as an idea whose time has come, but the volume makes clear that there is a great deal more to do in all parliaments to develop the institutional structures, processes and mechanisms necessary to put human rights at the centre of their function of making law and holding the government to account. The sense of democratic deficit is unlikely to dissipate unless parliaments empower themselves by exercising the considerable powers and responsibilities they already have to interpret and apply human rights law, and courts in turn pay closer attention to that reasoned consideration. 'I believe that this book will be of enormous value to all of those interested in human rights, in modern legislatures, and the relationship between the two. As this is absolutely fundamental to the characterand credibility of democracy, academic insight of this sort is especially welcome. This is an area where I expect there to be an ever expanding community of interest.' From the Foreword by the Rt Hon John Bercow MP, Speaker of the House of Commons

Human Rights in the Community

Author : Colin Harvey
Publisher : Bloomsbury Publishing
Page : 256 pages
File Size : 55,9 Mb
Release : 2005-04-22
Category : Law
ISBN : 9781847310675

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Human Rights in the Community by Colin Harvey Pdf

There has been a considerable focus in the last few years on the meaning of the Human Rights Act 1998 and its real and potential impact on judges and lawyers. Much has been written on the implications of the new legislation for a variety of areas of law. With the rising level of case-law the emphasis is now turning to the impact of the legislation on specific areas of social life. In this volume the focus is on the practice of human rights and how they are enforced in reality. There is much discussion in the literature of a human rights culture but how precisely is such a culture to be created,and how do we make sense of human rights? In order to address these questions this volume is in two parts. Part I examines general issues surrounding the full and effective implementation of human rights. Part II explores the implications of human rights standards in particular areas in order to test whether a human rights culture has emerged.

The European Convention on Human Rights and the Conflict in Northern Ireland

Author : Brice Dickson
Publisher : OUP Oxford
Page : 486 pages
File Size : 51,8 Mb
Release : 2012-03-15
Category : Political Science
ISBN : 9780191630279

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The European Convention on Human Rights and the Conflict in Northern Ireland by Brice Dickson Pdf

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.

The Peacebuilding Elements of the Belfast Agreement and the Transformation of the Northern Ireland Conflict

Author : Cornelia Albert
Publisher : Peter Lang
Page : 402 pages
File Size : 50,8 Mb
Release : 2009
Category : Great Britain
ISBN : 3631585918

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The Peacebuilding Elements of the Belfast Agreement and the Transformation of the Northern Ireland Conflict by Cornelia Albert Pdf

The aim of this book is to analyse whether the implementation of the peacebuilding elements of the Belfast Agreement contributed to the transformation of the protracted Northern Ireland Conflict. Therefore, this book deals with the following sections of the Agreement: Rights, Safeguards and Equality of Opportunity, Decommissioning, Security, Policing and Justice, and Prisoners. The author comes to the conclusion that the majority of the peacebuilding elements contributed to the transformation of the Northern Ireland Conflict. The results of the study were obtained in conducting interviews, in consulting surveys, and in studying reports and other relevant literature on the recent developments in Northern Ireland.

The Politics of Northern Ireland

Author : Arthur Aughey
Publisher : Routledge
Page : 216 pages
File Size : 41,6 Mb
Release : 2005-01-27
Category : Political Science
ISBN : 9781134336531

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The Politics of Northern Ireland by Arthur Aughey Pdf

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.

Judicial Review in Northern Ireland

Author : Gordon Anthony
Publisher : Bloomsbury Publishing
Page : 405 pages
File Size : 40,8 Mb
Release : 2024-02-22
Category : Law
ISBN : 9781509933167

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Judicial Review in Northern Ireland by Gordon Anthony Pdf

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).

Security and Human Rights

Author : Benjamin Goold,Liora Lazarus
Publisher : Bloomsbury Publishing
Page : 313 pages
File Size : 50,5 Mb
Release : 2007-06-07
Category : Law
ISBN : 9781847317001

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Security and Human Rights by Benjamin Goold,Liora Lazarus Pdf

In the wake of the events of September 11th, the task of reconciling issues of security with a respect for fundamental human rights has emerged as one of the key challenges facing governments throughout the world. Although the issues raised by the rise of security have been the subject of considerable academic interest, to date much of the debate surrounding the impact of security on human rights has taken place within particular disciplinary confines. In contrast, this collection of essays from leading academics and practitioners in the fields of criminal justice, public law, international law, international relations and legal philosophy offers a genuinely multidisciplinary perspective on the relationship between security and human rights. In addition to exploring how the demands of security might be reconciled with the desire to protect established rights, Security and Human Rights offers a fresh perspective on the broader legal and political challenges that lie ahead as states attempt to control crime, prevent terrorism and protect their citizens.

Victims of Terrorism

Author : Orla Lynch,Javier Argomaniz
Publisher : Routledge
Page : 182 pages
File Size : 52,9 Mb
Release : 2014-10-17
Category : History
ISBN : 9781135005269

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Victims of Terrorism by Orla Lynch,Javier Argomaniz Pdf

This book examines the politicisation of victims of terrorism and the reality of the victimisation experience within the broader field of terrorism and the resulting conflict. Victims of terrorism are a unique group of individuals whose experience is overlooked in the current literature on terrorism. Since 9/11, terrorism has risen to global prominence and has become a key topic of interest with regards to media attention and national security. As a result, many European countries (as well as the USA) have had to take active steps to protect and provide for the victims of terrorism, particularly given the nature of victimisation post-3/11 (Madrid) and 7/7 (London). Recently, we have also seen an increase in the political currency of the terrorist victim; for example, the lobbying activities and political involvement of the victims of ETA terrorism and the exceptionally powerful lobby in the USA that sees the involvement of victims of terrorism and their families in policy-making and law-enforcement transformations. This book is based on extensive field work in Northern Ireland, London and Spain and presents the results, which focus on the needs and experiences of victims of terrorism and political violence, and critically analyses these findings comparatively and in their own right. The aim is to assess the provision of support initiatives in Northern Ireland, mainland UK and Spain and understand if victims' needs are being met by these initiatives but most importantly to construct a picture of the local and international interpretation of the experience of victimisation by terrorism. This book will be of much interest to students of terrorism and political violence, victimology, criminology, security studies and IR.

The Effectiveness of Domestic Human Rights NGOs

Author : Scott Calnan
Publisher : BRILL
Page : 373 pages
File Size : 40,6 Mb
Release : 2008
Category : Political Science
ISBN : 9789004170216

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The Effectiveness of Domestic Human Rights NGOs by Scott Calnan Pdf

Although human rights NGOs, and especially domestic human rights NGOs, have become crucial to the human rights movement over the years very little literature exists which describes their operations or sets out a framework in which they can be critically examined. This book sets out to begin to fill this gap by focusing on how NGOs mobilise the law and how their effectiveness could be measured. Focusing on case studies of actual domestic human rights NGOs, and using a comparative methodology, this book focuses its analysis on the real life problems of human rights NGOs. The result is a revealing snapshot of the legal work of human rights NGOs and a vision of how they could become even more important in the future.

The European Convention on Human Rights

Author : Steven Greer
Publisher : Cambridge University Press
Page : 33 pages
File Size : 40,9 Mb
Release : 2006-11-30
Category : Law
ISBN : 9781139461962

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The European Convention on Human Rights by Steven Greer Pdf

This book critically appraises the European Convention on Human Rights as it faces some daunting challenges. It argues that the Convention's core functions have subtly changed, particularly since the ending of the Cold War, and that these are now to articulate an 'abstract constitutional model' for the entire continent, and to promote convergence in the operation of public institutions at every level of governance. The implications - from national compliance, to European international relations, including the adjudication of disputes by the European Court of Human Rights - are fully explored. As the first book-length socio-legal examination of the Convention's principal achievements and failures, this study not only blends legal and social science scholarship around the theme of constitutionalization, but also offers a coherent set of policy proposals which both address the current case-management crisis and suggest ways forward neglected by recent reforms.

Law in Northern Ireland

Author : Brice Dickson
Publisher : Bloomsbury Publishing
Page : 432 pages
File Size : 43,9 Mb
Release : 2018-06-28
Category : Law
ISBN : 9781509919284

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Law in Northern Ireland by Brice Dickson Pdf

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.