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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.
Available open access digitally under CC-BY-NC-ND licence. The Court of Appeal in Northern Ireland has functioned without interruption for over a century, yet its intermediate position can obscure the importance of its judgments. This book demonstrates the Court of Appeal’s pivotal role in securing justice, both by correcting lower court decisions and by developing the common law. It examines, in particular, how the Court has applied and developed the rule of law in a post-conflict society. Authored by experts in the law of Northern Ireland, this compelling text is based on archival research, statistical and qualitative case analyses, court observations, and exclusive interviews with senior judges.
The aim of each volume of this series Guides to Information Sources is to reduce the time which needs to be spent on patient searching and to recommend the best starting point and sources most likely to yield the desired information. The criteria for selection provide a way into a subject to those new to the field and assists in identifying major new or possibly unexplored sources to those who already have some acquaintance with it. The series attempts to achieve evaluation through a careful selection of sources and through the comments provided on those sources.
It is unusual, in the precise world of law, to find instances of where ‘near enough is good enough’. This book explores when this is possible, referring to property and monetary transfers, under the increasingly important and influential cy-près doctrine. The doctrine decrees that, when literal compliance is impossible or infeasible, the intention of a donor or testator should be carried out ‘as nearly as possible’. Over the past thirty years, this doctrine has marched into other legal territory where ‘as near as possible’ is also considered sufficient, such as in class actions litigation and under non-charitable trusts. Discussing and analyzing key developments across the Commonwealth jurisdictions and the USA, this book considers whether there is a new and overarching definition which can be attributed to the cy-près doctrine. It asks whether there is a doctrinal symmetry of analysis that truly renders it a body of ‘cy-près law’ in the modern context and whether the doctrine can be expected to play an even greater role in the future. This book is of interest to researchers and practitioners working in trusts and charity law, property law, contract law, and class actions jurisprudence.
This book represents a critical examination of key aspects of crime and criminal justice in Northern Ireland which will have resonance elsewhere. It considers the core aspects of criminal justice policy-making in Northern Ireland which are central to the process of post-conflict transition, including reform of policing, judicial decision-making and correctional services such as probation and prisons. It examines contemporary trends in criminal justice in Northern Ireland and various dimensions of crime relating to female offenders, young offenders, sexual and violent offenders, community safety and restorative justice. The book also considers the extent to which crime and criminal justice issues in Northern Ireland are being affected by the broader processes of 'policy transfer', globalisation and transnationalism and the extent to which criminal justice in Northern Ireland is divergent from the other jurisdictions in the United Kingdom. Written by leading international authorities in the field, the book offers a snapshot of the cutting edge of critical thinking in criminal justice practice and transitional justice contexts.
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).
The leading book on the subject of occupational health & safety revised in line with recent UK legislation and practice. New to this edition is the foreword by Judith Hackitt CBE, Chair of the Health and Safety Executive and a brand new chapter on the latest EU and international regulations and directives. Safety at Work is widely accepted as the most authoritative guide to health and safety in the workplace. Offering detailed coverage of the fundamentals and background in the field, this book is essential reading for health and safety professionals or small company owners. Students on occupational health and safety courses at diploma, bachelor and masters level, including the NEBOSH National Diploma, will find this book invaluable, providing students with the technical grounding required to succeed. Edited by an experienced and well-known health and safety professional with contributions from leading experts in research and practice.