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Denis Stanislaus Henry occupies a unique place in the political and legal history of Northern Ireland politics. As a catholic, Henry supported the Union from the time of Gladstone's first Home Rule Bill of 1886, and after joining the Ulster Unionist Council upon its formation in 1905, unsuccessfully contested the North Tyrone constituency in 1906 and 1907, losing by the narrow margins of 9 and 7 votes respectively. Henry set aside these setbacks in politics and continued with his legal career which saw him emerge as one of the outstanding lawyers of the Irish Bar, practising in the Four Courts in Dublin, and becoming 'Father of the old North-West Circuit'. Henry eventually entered Westminster after winning his native South Derry seat in May 1916, in what was the first electoral contest in Ireland following the outbreak of the Easter Rising. The Occasion was the first time in which a Catholic represented a Unionist constituency in Ulster, and Henry's retention of South Derry in the post-war general election of 1918 marked the last. After a brief period as Solicitor-General for Ireland in 1918, Henry was appointed Attorney-General in 1919, and as the leading Irish Law officer was at the forefront in Parliament in defending and explaining Government policy during the Anglo-Irish War of 1919-1921. Henry became the first Lord Chief Justice of Northern Ireland in 1921, and spent the final four years of his life leading a new Judiciary during one of the most turbulent periods in the province's history.
The 1921 partition of Ireland had huge ramifications for almost all aspects of Irish life and was directly responsible for hundreds of deaths and injuries, with thousands displaced from their homes and many more forced from their jobs. Two new justice systems were created; the effects on the major religions were profound, with both jurisdictions adopting wholly different approaches; and major disruptions were caused in crossing the border, with invasive checks and stops becoming the norm. And yet, many bodies remained administered on an all-Ireland basis. The major religions remained all-Ireland bodies. Most trade unions maintained a 32-county presence, as did most sports, trade bodies, charities and other voluntary groups. Politically, however, the new jurisdictions moved further and further apart, while socially and culturally there were differences as well as links between north and south that remain to this day. Very little has been written on the actual effects of partition, the-day-to-day implications, and the complex ways that society, north and south, was truly and meaningfully affected. Birth of the Border: The Impact of Partition in Ireland is the most comprehensive account to date on the far-reaching effects of the partitioning of Ireland.
This collection of essays is a tribute to Lord Kerr of Tonaghmore, who died aged 72 on 1 December 2020 after having retired from the UK Supreme Court just two months earlier. Brian Kerr was appointed as a judge of the High Court of Northern Ireland in 1993. He became the Lord Chief Justice of Northern Ireland in 2004 before being elevated to a peerage and appointed as the last Lord of Appeal in Ordinary in June 2009. Four months later, as Lord Kerr, he moved from the Appellate Committee of the House of Lords to the UK Supreme Court where, after exactly 11 years, he concluded his distinguished judicial career as the longest-serving Justice to date. During his career he established an exceptional reputation for independence of thought, fairness and humanitarianism. Lord Kerr's judicial mind has inspired and influenced a significant number of scholars and jurists throughout the UK and beyond. In this book, his unique brand of jurisprudence is examined alongside a catalogue of broader issues in which he displayed a keen interest during his lifetime. The volume includes topical contributions from a range of legal experts in Britain and Ireland. Lord Kerr's particular interest in public law, human rights law, criminal law, and family law is featured prominently, but so too is the importance of his dissenting judgments, some influential jurisprudence of the Judicial Committee of the Privy Council (where he sat on many occasions), the legacy of his influence on the law and legal system of Northern Ireland and the significance of his place in the historical development of judicial roles and responsibilities more generally.
Charles Stewart Henry Vane-Tempest-Stewart, the seventh Marquess of Londonderry has long been a divisive figure in British aristocratic history. Was he an anti-Semitic Nazi sympathizer, as some have argued, or a visionary who should be remembered in glory for his role in the creation of RAF Spitfires and Hurricanes during World War II? In the paperback edition of Lord Londonderry, N.C Fleming answers this question and more. This updated edition draws extensively from private Londonderry family papers and state papers, as well as existing secondary literature, to provide an illuminating biography of Londonderry. This book has been updated with additional primary source research to reveal details about Londonderry House, Londonderry's travels and his radical right-wing beliefs as well as his infamous anti-Semitism. Lord Londonderry examines his disastrous diplomatic visits during the war, which seriously damaged his credibility at home, alongside his achievements in the Royal Air force to provide a comprehensive biography of the Marquess. Fleming also studies the tumultuous period of aristocratic decline set against a backdrop of growing calls for social equality, to show how this Conservative MP held onto his power in the changing social climate of post-war Britain. Here, Fleming has revised and updated his biography of Lord Londonderry to remove the shadow that Londonderry's association with Nazi Germany has cast over his career. In doing so, he provides an analysis of private family papers while also providing an extensive case study into the historiography of aristocracy.
In the context of the far-reaching reforms proposed for the Appellate Committee of the House of Lords and the Judicial Committee of the Privy Council, "Building the UK's New Supreme Court" considers the operation and reform of courts at the apex of the UK's legal systems. The chapters are linked by broad and overlapoping themes. The first of these is the complexity of accommodating national differences within the UK into the institutional design of the new supreme court. Not only will it be a court for the UK's three legal systems, and simultaneously a national institution of the whole UK, but it is also likey to be called upon to resolve division of powers disputes within the emerging system of multi-level government. A second theme is the scope for comparative lesson-learning from top courts in other legal systems; the Supreme Court of Canada, the US federal courts system, and the constitutional courts in Germany and Spain are considered. Finally, the connections between the UK's top-level courts and other courts, especially intermediate courts of appeal, the European Court of Justice, and the European Court of human rights, are examined.
The decommissioning of the Provisional IRA in 2005 suggests that Northern Ireland may finally be ready to turn from the deadly paramilitary clashes of the twentieth century to the thorny problems of a normalized political process. As both former head of the Northern Ireland Civil Service and Victim’s Commissioner, Sir Kenneth Bloomfield is in a unique position to evaluate the wisdom and long-term effects of the past fifty years of Northern Irish politics and policy. Bloomfield probes a number of crucial questions about the United Kingdom’s management of Irish affairs. Three decades of fighting have had grave consequences for Northern Ireland—what were the costs? Was violence inevitable? Bloomfield delineates the unwise decisions and abrogated responsibilities that led to the civil crisis of the Troubles while emphasizing the United Kingdom’s overriding duty to ensure peace. Peppered with incisive—and critical—portraits of the major political players, including Tony Blair and John Hume, A Tragedy of Errors gives us an unflinching insider’s view of Northern Irish politics and helps us understand the divisions that still dominate the region.
This ground-breaking political history of the two Irish States provides unique new insights into the 'Troubles' and the peace process. It examines the impact of the fraught dynamics between the competing identities of the Nationalist-Catholic-Irish Community on the one hand and the Unionist-Protestant-British community on the other.