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The Law and Practice of the Ireland-Northern Ireland Protocol

The Law and Practice of the Ireland-Northern Ireland Protocol PDF Author: Christopher McCrudden
Publisher: Cambridge University Press
ISBN: 1009117963
Category : Law
Languages : en
Pages : 399

Book Description
The Ireland-Northern Ireland Protocol, part of the Withdrawal Agreement concluded between the European Union and the United Kingdom, is intended to address the difficult and complex impact of Brexit on the island of Ireland, North and South, and between Ireland and Great Britain. It has become an exceptionally important, if controversial, part of the new architecture that governs the relationship between the UK and the EU more generally, covering issues that range from trade flows to free movement, from North-South Co-operation to the protection of human rights, from customs arrangements to democratic oversight by the Northern Ireland Assembly. This edited collection offers insights from a wide array of academic experts and practitioners in each of the various areas of legal practice that the Protocol affects, providing a comprehensive examination of the Protocol in all its legal dimensions, drawing on international law, European Union Law, and domestic constitutional and public law. This title is also available as Open Access.

The Law and Practice of the Ireland-Northern Ireland Protocol

The Law and Practice of the Ireland-Northern Ireland Protocol PDF Author: Christopher McCrudden
Publisher: Cambridge University Press
ISBN: 1009117963
Category : Law
Languages : en
Pages : 399

Book Description
The Ireland-Northern Ireland Protocol, part of the Withdrawal Agreement concluded between the European Union and the United Kingdom, is intended to address the difficult and complex impact of Brexit on the island of Ireland, North and South, and between Ireland and Great Britain. It has become an exceptionally important, if controversial, part of the new architecture that governs the relationship between the UK and the EU more generally, covering issues that range from trade flows to free movement, from North-South Co-operation to the protection of human rights, from customs arrangements to democratic oversight by the Northern Ireland Assembly. This edited collection offers insights from a wide array of academic experts and practitioners in each of the various areas of legal practice that the Protocol affects, providing a comprehensive examination of the Protocol in all its legal dimensions, drawing on international law, European Union Law, and domestic constitutional and public law. This title is also available as Open Access.

The Law & Politics of Brexit: Volume IV

The Law & Politics of Brexit: Volume IV PDF Author: Federico Fabbrini
Publisher: Oxford University Press
ISBN: 0192678795
Category : Law
Languages : en
Pages : 256

Book Description
This book examines the law and politics of the Protocol on Ireland/Northern Ireland, attached to the Withdrawal Agreement, which regulates the terms of Brexit. The Protocol on Ireland/Northern Ireland deals with the most complex issue which emerged during the withdrawal negotiations between the United Kingdom (UK) and the European Union (EU), namely how to avoid a hard border in the island of Ireland and preserve the peace process started in Northern Ireland with the 1998 Belfast Good Friday Agreement. To this end, the Protocol, which was agreed in its final form in October 2019, establishes a bespoke solution, notably by keeping Northern Ireland aligned to EU customs and internal market rules. Nevertheless, the operation of the Protocol, which has formally entered into force in January 2021, has stirred political controversies in the Unionist community in Northern Ireland, and caused diplomatic confrontation between the EU and the UK. The purpose of this book is therefore to provide the first interdisciplinary overview of the Protocol, shedding light on its context, content, and challenges. This book — which brings together contributions by leading legal scholars, political scientists, sociologists, and trade experts from Northern Ireland, Ireland, Great Britain, Europe, and the United States — provides a comprehensive and contextual assessment of the Protocol. It examines its setting, including constitutional trends in the UK and Ireland, focuses on its substantive clauses dealing with human rights and cross-border cooperation, as well as on those related to trade, and analyses its governance mechanisms, including democratic consent and safeguards.

The Law and Practice of the Ireland-Northern Ireland Protocol

The Law and Practice of the Ireland-Northern Ireland Protocol PDF Author: Christopher McCrudden
Publisher: Cambridge University Press
ISBN: 1009100203
Category : Law
Languages : en
Pages : 399

Book Description
Confused by the Northern Ireland issue in Brexit? This is the book explaining the complex legal arrangements addressing that problem.

Coroners' Law and Practice in Northern Ireland

Coroners' Law and Practice in Northern Ireland PDF Author: John L. Leckey
Publisher:
ISBN: 9780853897248
Category : Coroners
Languages : en
Pages : 403

Book Description
This text deals with the law and practice relating to coroners in Northern Ireland, with particular reference to the Coroners Act (NI) 1959, as amended, and related Rules.

Law in Northern Ireland

Law in Northern Ireland PDF 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.

Immigration Law in Northern Ireland

Immigration Law in Northern Ireland PDF Author: Fionnuala Connolly
Publisher:
ISBN: 9780853899815
Category : Emigration and immigration law
Languages : en
Pages : 220

Book Description
This is a book about the practice of immigration law in Northern Ireland. It will be of use to practitioners who are new to this important area of practice or to those who simply wish to update their knowledge on the law.

The Law and Politics of Brexit: Volume IV

The Law and Politics of Brexit: Volume IV PDF Author: Federico Fabbrini
Publisher: Oxford University Press
ISBN: 0192863932
Category : European Union countries
Languages : en
Pages : 321

Book Description
This book examines the law and politics of the Protocol on Ireland/Northern Ireland, attached to the Withdrawal Agreement, which regulates the terms of Brexit. The Protocol on Ireland/Northern Ireland deals with the most complex issue which emerged during the withdrawal negotiations between the United Kingdom (UK) and the European Union (EU), namely how to avoid a hard border in the island of Ireland and preserve the peace process started in Northern Ireland with the 1998 Belfast Good Friday Agreement. To this end, the Protocol, which was agreed in its final form in October 2019, establishes a bespoke solution, notably by keeping Northern Ireland aligned to EU customs and internal market rules. Nevertheless, the operation of the Protocol, which has formally entered into force in January 2021, has stirred political controversies in the Unionist community in Northern Ireland, and caused diplomatic confrontation between the EU and the UK. The purpose of this book is therefore to provide the first interdisciplinary overview of the Protocol, shedding light on its context, content, and challenges. This book -- which brings together contributions by leading legal scholars, political scientists, sociologists, and trade experts from Northern Ireland, Ireland, Great Britain, Europe, and the United States -- provides a comprehensive and contextual assessment of the Protocol. It examines its setting, including constitutional trends in the UK and Ireland, focuses on its substantive clauses dealing with human rights and cross-border cooperation, as well as on those related to trade, and analyses its governance mechanisms, including democratic consent and safeguards.

Judicial Review in Northern Ireland

Judicial Review in Northern Ireland PDF 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).

Not What The Bus Promised

Not What The Bus Promised PDF Author: Tamara Hervey
Publisher: Bloomsbury Publishing
ISBN: 1509951504
Category : Law
Languages : en
Pages : 279

Book Description
What does the UK's exit from the EU mean for health and the NHS? This book explains the legal and practical implications of Brexit on the NHS: its staffing; especially on the island of Ireland; medicines, medical devices and equipment; and biomedical research. It considers the UK's post-Brexit trade agreements and what they mean for health, and discusses the effects of the COVID-19 pandemic on post-Brexit health law. To put the legal analysis in context, the book draws on over 400 conversations the authors had with people in the north of England and Northern Ireland, interviews with over 40 health policy stakeholders, details of a film about their research made with ShoutOut UK, the authors' work with Parliaments and governments across the UK, and their collaborations with key actors like the NHS Confederation, the British Medical Association, and Cancer Research UK. The book shows that the language people use to talk about hoped-for legitimate post-Brexit health governance suggests a great deal of faith in law and legal process among 'ordinary people', but the opposite from 'insider elites'. Not What The Bus Promised puts the authors' knowledge and experiences centre frame, rather than claiming to express 'objective reality'. It will be of interest to any reader who cares about the NHS and wants to understand its present and future.

Constitutional Reform and Brexit

Constitutional Reform and Brexit PDF Author: Gary Wilson
Publisher: Taylor & Francis
ISBN: 1000900428
Category : Law
Languages : en
Pages : 136

Book Description
This book examines the extent to which Brexit has impacted upon the operation of the British Constitution, prompting in turn consideration of how some of the factors which contributed to the outcome of the 2016 referendum, as well as the event of Brexit itself, might inform debates surrounding constitutional reform moving forward. The work seeks to make sense of the constitutional implications of Brexit and to revisit some of the key debates that have taken place in respect of particular constitutional reform proposals in order to assess the extent to which recent Brexit-related developments inform the perspectives which are taken upon their merits and prospects. The book is divided into two parts. The first provides some context for the substantive treatment of the potential impact of Brexit on constitutional reform debates which forms the focus of Part II. Part II centres on various specific constitutional reform themes or issues, which are explored further within the context of Brexit. For each such issue, the main parameters of the debates which have taken place are sketched out before moving on to consider how it has informed, or may come to be informed, by the phenomenon of Brexit. By so doing, it looks to some future directions for constitutional reform which take account of the factors driving the discourses which gave rise to the referendum outcome and subsequent developments, as well as offering meaningful responses to these. The book will be of interest to academics, researchers and policy-makers working in the areas of constitutional law, constitutional politics, philosophy and history.