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Author: Publisher: Oxford University Press ISBN: 0198881940 Category : Political Science Languages : en Pages : 337
Book Description
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.
Author: Publisher: Oxford University Press ISBN: 0198881940 Category : Political Science Languages : en Pages : 337
Book Description
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.
Author: de Mars, Sylvia Publisher: Policy Press ISBN: 144734622X Category : Law Languages : en Pages : 208
Book Description
Available Open Access under CC-BY-NC licence. How does Brexit change Northern Ireland’s system of government? Could it unravel crucial parts of Northern Ireland’s peace process? What are the wider implications of the arrangements for the Irish and UK constitutions? Northern Ireland presents some of the most difficult Brexit dilemmas. Negotiations between the UK and the EU have set out how issues like citizenship, trade, the border, human rights and constitutional questions may be resolved. But the long-term impact of Brexit isn’t clear. This thorough analysis draws upon EU, UK, Irish and international law, setting the scene for a post-Brexit Northern Ireland by showing what the future might hold.
Author: Oran Doyle Publisher: Cambridge University Press ISBN: 110883292X Category : History Languages : en Pages : 353
Book Description
Evaluates the pressures, both institutional and territorial, that Brexit exerts on both the United Kingdom and Irish constitutional orders.
Author: Mary C. Murphy Publisher: ISBN: 9781788214117 Category : LAW Languages : en Pages : 0
Book Description
The UK's decision to leave the EU has opened up huge existential questions for Northern Ireland as it marks its centenary. Constitutional conflict in Northern Ireland had been regarded as largely resolved and settled, but Brexit has altered the wider constitutional framework within which the 1998 Good Friday Agreement is situated. With the question of Irish unity gaining renewed and sustained traction, and with trade, relationships and politics across "these islands" in a state of flux, Northern Ireland approaches a constitutional moment. Murphy and Evershed examine the factors, actors and dynamics that are most likely to be influential, and potentially transformative, in determining Northern Ireland's constitutional future. This book offers an assessment of how Brexit and its fallout may lead to constitutional upheaval, and a cautionary warning about the need to prepare for it.
Author: Richard Humphreys Publisher: Merrion Press ISBN: 1785372076 Category : History Languages : en Pages : 318
Book Description
The Brexit vote for UK withdrawal from the EU has put the constitutional future of Northern Ireland centre-stage once again. Beyond the Border is an authoritative, timely and up-to-date guide to the provisions of the Good Friday Agreement. A compelling and accessible exploration of how the Agreement can be upheld despite Brexit uncertainties, and implemented despite political deadlock, it powerfully argues for the permanence of the Agreement and its cross-community approach, even in the event of the achievement of Irish unity. It comprehensively explains the radical implications of the principle of parity of esteem between the traditions and how the conflicting aspirations of nationalists and unionists can be accommodated. At a time of seismic constitutional transition it outlines the milestones on the pathway to a united Ireland by consent as envisaged by the Agreement. The Good Friday Agreement was endorsed by 71 per cent of voters in Northern Ireland and by 94 per cent in the rest of Ireland. Despite huge difficulties in implementation, this book contends that the Agreement remains a cornerstone of Ireland’s constitutional settlement. Beyond the Border is a vital and objective exploration of how the Agreement provides a peaceful path towards resolving Ireland’s ultimate constitutional dilemma.
Author: Mark Elliott Publisher: Bloomsbury Publishing ISBN: 1509916423 Category : Law Languages : en Pages : 429
Book Description
The judgment of the UK Supreme Court in R (Miller) v Secretary of State for Exiting the European Union is of fundamental legal, constitutional and political significance. The Supreme Court's judgment discussed the relative powers of Parliament and the Government, the relationship between Westminster and the devolved legislatures, and the extent to which the UK's membership of the EU had changed the UK constitution, both prior to and even after departure. It also provided further evidence of the emerging role of the UK's Supreme Court as a constitutional court, despite the lack of a codified constitution in the UK. This edited collection critically evaluates the decision in Miller, providing a detailed analysis of the reasoning in the judgment and its longer-term consequences for the UK constitution through the period of Brexit and beyond. The case is used as a lens through which to evaluate the modern UK constitution and its potential future evolution. Whatever form Brexit may eventually take, the impact that EU membership and the triggering of Brexit has already had on the UK's constitutional settlement is profound. The book will be of great value to anyone interested in the effect of the Miller case and Brexit on the UK's constitution.
Author: Vernon Bogdanor Publisher: Bloomsbury Publishing ISBN: 1788316819 Category : Political Science Languages : en Pages : 304
Book Description
Brexit means exit, but what exactly will we be leaving behind? Entry into the European Community in 1973 was a momentous event – one which had seismic effects on the politics and constitution of Britain. Brexit, while equally as momentous, has almost wholly been confined to discussions of economic consequence. But what will happen to the constitution? Beyond Brexit looks for the first time at the impact of Brexit and the constitutional consequences of Britain's EU membership, raising the question of just how the United Kingdom is to be preserved. In this book, Vernon Bogdanor explores the ever-changing relationship between Britain and the European Union from the original concept of European unity to 21st century Euroscepticism, the fundamental problems confronting Britain on its exit from the European Union, and argues that Brexit is the start of new beginnings – heralding a peaceful constitutional moment.
Author: Mary C. Murphy Publisher: ISBN: 9781788214148 Category : Constitutional law Languages : en Pages : 0
Book Description
This book offers a cautionary warning about how Brexit and its fallout may lead to contested constitutional upheaval on the island of Ireland.
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Author: de Mars, Sylvia
Author: Oran Doyle
Author: Mary C. Murphy
Author: Richard Humphreys
Author: Mark Elliott
Author: Christopher McCrudden
Author: Great Britain. Northern Ireland Office
Author: Vernon Bogdanor
Author: Mary C. Murphy