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Author: Gordon Anthony Publisher: Bloomsbury Publishing ISBN: 1509933174 Category : Law Languages : en Pages : 405
Book Description
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).
Author: Gordon Anthony Publisher: Bloomsbury Publishing ISBN: 1509933174 Category : Law Languages : en Pages : 405
Book Description
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).
Author: John F. Larkin (Attorney general) Publisher: ISBN: 9780853899150 Category : Judicial review Languages : en Pages : 353
Book Description
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.
Author: Brice Dickson Publisher: Oxford University Press ISBN: 0192512471 Category : Law Languages : en Pages : 431
Book Description
This book examines the jurisprudence of the Supreme Court of Ireland since its creation in 1924. It sets out the origins of the Court, explains how it operated during the life of the Irish Free State (1922-1937), and considers how it has developed various fields of law under Ireland's 1937 Constitution, especially after the 're-creation' of the Court in 1961. As well as constitutional law, the book looks at the Court's views on the status and legal system of Northern Ireland, administrative law, criminal justice and personal and family law. There are also chapters on the Supreme Court's interaction with European Union law and with the European Convention on Human Rights. The argument throughout is that, while the Court has been well served by many of its judges, who on occasion have manifested a healthy degree of judicial activism, there are still several legal fields in which the Court has not developed its jurisprudence as clearly or as imaginatively as it might have done. It has often displayed undue conservatism and deference. For many years its performance was hampered by its extreme workload, generated by its inability to control the number of appeals brought to it. However, the creation of a new Court of Appeal in 2014 has freed up the Supreme Court to act in a manner more analogous to that adopted by supreme courts in other common law countries. The Court's future looks bright.
Author: Richard Gordon Publisher: Routledge ISBN: 113534714X Category : Law Languages : en Pages : 354
Book Description
The Human Rights Act 1998 had a profound effect on the law of the United Kingdom,and in no area more so than judicial review. This book gives practical guidance on the interplay between the Act and domestic public law.
Author: Brice Dickson Publisher: Bloomsbury Publishing ISBN: 1509961216 Category : Law Languages : en Pages : 531
Book Description
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.
Author: Christopher Forsyth Publisher: Hart Publishing ISBN: 1841131059 Category : Law Languages : en Pages : 480
Book Description
Contains papers and comments from the conference on the Foundations of Judicial Review, held in Cambridge, England, May 22, 1999, and some previously published papers.
Author: Gordon Anthony Publisher: Bloomsbury Publishing ISBN: 1509933166 Category : Law Languages : en Pages : 405
Book Description
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).
Author: Northern Ireland. Assembly. Committee for Justice Publisher: ISBN: 9780339604230 Category : Judges Languages : en Pages : 183
Book Description
The Northern Ireland Act 2009 made amendments to the process of judicial appointments and removals as set out in the Judicature (Northern Ireland) Act 1978 and the Justice (Northern Ireland) Act 2002 (as amended by the Justice (Northern Ireland) Act 2004). The legislation also required an Assembly committee to review the operation of the new process and the Committee for Justice has taken on that task. The requirement to report on the review by 30 April 2012 provided restricted time to complete the review and the Committee therefore agreed to undertake a targeted consultation with key stakeholders. Having considered the evidence received and noting that the Department of Justice and Northern Ireland Judicial Appointments Commission are of the view that the arrangements created by the 2009 Act, while only in place for a relatively short period of time, appear to be working satisfactorily, the Committee recommends that there should be no changes to the current process for judicial appointments and removals in Northern Ireland at this time. Given the restricted the time available to complete this review, and the fact that a number of issues may merit further consideration, the Committee intends to undertake a further review of the judicial appointments and removals processes.
Author: Gordon Anthony
Author: Gordon Anthony
Author: John F. Larkin (Attorney general)
Author: Brigid Hadfield
Author: Northern Ireland. Criminal Justice Review Group
Author: Brice Dickson
Author: Richard Gordon
Author: Brice Dickson
Author: Christopher Forsyth
Author: Gordon Anthony
Author: Northern Ireland. Assembly. Committee for Justice