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Evaluates the pressures, both institutional and territorial, that Brexit exerts on both the United Kingdom and Irish constitutional orders.
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.
This volume provides an introduction to the United Kingdom's constitution that recognises and embraces its historical, social, political, and legal dimensions. It critically examines the radical changes to the UK constitution that have occurred over the last thirty years, paying particular attention to the revival of the constituent territories of the UK - Wales, Scotland, Northern Ireland, and England - and to the increasing role played by the judges in constitutional disputes. The UK constitution is presented as being shaped by a set of constitutional principles, including state sovereignty, separation of powers, democracy, subsidiarity, and the rule of law, principles which set the overall structure of the constitution and inform statutes and the decisions of judges. Adopting a principled approach to the UK constitution allows us to see both the clarity of the constitution's structure and also helps explain its complexities.
A concise history of Northern Ireland through its pivotal moments. Since the United Kingdom’s withdrawal from the European Union, the constitutional position of Northern Ireland within the Union has endured an unusual level of attention. Northern Ireland and the UK Constitution leads us through its pivotal moments: the 1920–72 Unionist-led governments, the following thirty years of bitter conflicts, the 1998 Belfast/Good Friday Agreement, and the 2016 referendum on the United Kingdom’s membership in the European Union. Considering each of the moments in the broader setting of UK constitutional norms and narratives, she addresses the exceptional constitutional characteristics of Northern Ireland and the ways in which these have often resulted in “blindspot” analyses of the Union. This short book also considers the implications of Brexit and the constitutional impacts and shifts it has brought to Northern Ireland and discusses the possible constitutional repercussions.
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.
The purpose of the book is to raise awareness of the uniqueness of the United Kingdom’s unwritten constitution and to make it clear how the devolution of powers to the home nations, begun in 1998, coupled with the trials and tribulations associated with Brexit.
Very Short Introductions: Brilliant, Sharp, Inspiring The British constitution is regarded as unique among the constitutions of the world. What are the main characteristics of Britain's peculiar constitutional arrangements? How has the British constitution altered in response to the changing nature of its state - from England, to Britain, to the United Kingdom? What impact has the UK's developing relations with the European Union caused? These are some of the questions that Martin Loughlin addresses in this Very Short Introduction. As a constitution, it is one that has grown organically in response to changes in the economic, political, and social environment, and which is not contained in a single authoritative text. By considering the nature and authority of the current British constitution, and placing it in the context of others, Loughlin considers how the traditional idea of a constitution came to be retained, what problems have been generated as a result of adapting a traditional approach in a modern political world, looking at what the future prospects for the British constitution are. In this new edition of the Very Short Introduction, Loughlin includes a disucssion of the impact of developments over the decade since its first publication, examining Brexit, the Scottish independence referendum of 2014, and the settlement in Northern Ireland. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
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.
'Excellent' Sunday Times Brexit represents potentially the single greatest economic and foreign-policy challenge to the Irish state since the Second World War. There is hardly any area of Irish life that hasn't be affected. More than any other journalist, RTE's long-time Brussels correspondent Tony Connelly has been helping the public make sense of the implications of Brexit for Ireland. Now, he tells the dramatic inside story of the Irish response to this political and economic earthquake and lays out the agenda for the uncertain years ahead. Based on extensive interviews with insiders in Dublin, London, Belfast and Brussels, Brexit and Ireland is full of insights about how the EU actually works, and of colourful and revealing stories from the corridors of power. It is a must-read for anyone who cares about Ireland's future. 'A superb work of reporting, and a much needed one' Andrew Sparrow, Guardian 'I was completely absorbed . . . Connelly shows that the implications for the Irish Republic extend to the entire economy and its relationship with the EU' New Statesman
In the latter part of the nineteenth century Walter Bagehot wrote a classic account of the British constitution as it had developed during Queen Victoria's reign. He argued that the late Victorian constitution was not at all what people thought it was. Anthony King argues that the same is true at the beginning of this century. Most people are aware that a series of major constitutional changes has taken place, but few recognize that their cumulative effect has been to change entirely the nature of Britain's constitutional structure. The old constitution has gone. The author insists that the new constitution is a mess, but one that we should probably try to make the best of. The British Constitution is neither a reference book nor a textbook. Like Bagehot's classic, it is written with wit and mordant humour - by someone who is a journalist and political commentator as well as a distinguished academic. The author maintains that, although the new British constitution is a mess, there is no going back now. 'As always', he says, 'nostalgia is a good companion but a bad guide.' Highly charged issues that remain to be settled concern the relations between Scotland and England and the future of the House of Lords. A reformed House of Lords, the author fears, could wind up comprising 'a miscellaneous assemblage of party hacks, political careerists, clapped-out retired or defeated MPs, has-beens, never-were's and never-could-possibly-be's'. The book is a Bagehot for the twenty-first century - the product of a lifetime's reflection on British politics and essential reading for anyone interested in how the British system has changed and how it is likely to change in future