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(B)ordering Britain argues that Britain is the spoils of empire, its immigration law is colonial violence and irregular immigration is anti-colonial resistance. In announcing itself as postcolonial through immigration and nationality laws passed in the 60s, 70s and 80s, Britain cut itself off symbolically and physically from its colonies and the Commonwealth, taking with it what it had plundered. This imperial vanishing act cast Britain's colonial history into the shadows. The British Empire, about which Britons know little, can be remembered fondly as a moment of past glory, as a gift once given to the world. Meanwhile immigration laws are justified on the basis that they keep the undeserving hordes out. In fact, immigration laws are acts of colonial seizure and violence. They obstruct the vast majority of racialised people from accessing colonial wealth amassed in the course of colonial conquest. Regardless of what the law, media and political discourse dictate, people with personal, ancestral or geographical links to colonialism, or those existing under the weight of its legacy of race and racism, have every right to come to Britain and take back what is theirs.
The principle of Access to Knowledge (A2K) has become a common reference point for a diverse set of agendas that all hope to realize technological and human potential by making knowledge more accessible. This book is a history of international copyright focused on principles of A2K and their proponents. Whilst debate and discussion so far has covered the perspectives of major western countries, the author's fresh approach to the topic considers emerging countries and NGOs, who have fought for the principles of A2K that are now fundamental to the system. Written in a clear and accessible style, the book connects copyright history to current problems, issues and events.
The Teaching of Criminal Law provides the first considered discussion of the pedagogy that should inform the teaching of criminal law. It originates from a survey of criminal law courses in different parts of the English-speaking world which showed significant similarity across countries and over time. It also showed that many aspects of substantive law are neglected. This prompted the question of whether any real consideration had been given to criminal law course design. This book seeks to provide a critical mass of thought on how to secure an understanding of substantive criminal law, by examining the course content that best illustrates the thought process of a criminal lawyer, by presenting innovative approaches for securing active learning by students, and by demonstrating how criminal law can secure other worthwhile graduate attributes by introducing wider contexts. This edited collection brings together contributions from academic teachers of criminal law from Australia, New Zealand, the United Kingdom, and Ireland who have considered issues of course design and often implemented them. Together, they examine several innovative approaches to the teaching of criminal law that have been adopted in a number of law schools around the world, both in teaching methodology and substantive content. The authors offer numerous suggestions for the design of a criminal law course that will ensure students gain useful insights into criminal law and its role in society. This book helps fill the gap in research into criminal law pedagogy and demonstrates that there are alternative ways of delivering this core part of the law degree. As such, this book will be of key interest to researchers, academics and lecturers in the fields of criminal law, pedagogy and teaching methods.
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.
Reflecting a developing trend towards interdisciplinary research in economics and law, this agenda-setting volume makes the case for economic sociology of law – an emerging field that draws on empirical, analytical and normative insights from sociology to investigate relationships between legal and economic phenomena. It locates this novel subject in a wider socio-legal tradition and identifies common ground between Polanyian and Weberian approaches to the law, economy, and society, despite the two theorists’ divergent views on the functionality of the capitalist model. The volume provides a platform for researchers’ critical responses to the ‘social embeddedness’ of market societies. Contributors demonstrate the value of applying a combination of methods in their work, from heterogeneous disciplines such as legal history and ethnography. They consider the position in the western and developed nations, as well as in post-colonial polities. The resulting publication is a well-crafted primer on a specialism that, by combining the insights of socio-economic analysis with the formative influences exerted by their specific legal contexts, informs a more nuanced assessment of law, economics and society.
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.
Barton and Roche have drawn on the expertise of scholars in Irish history, political philosophy, sociology, demography and criminal and constitutional law to provide a major contribution to understanding the dynamics of the terrorist conflict that engulfed Northern Ireland for thirty years. The legal dimension of the book provides accessible understanding both of the use of the criminal law in response to terrorism and of the constitutional status of Northern Ireland prior to the 1998 Belfast Agreement. The Northern Ireland Question: Myth and Reality explicates the civic character of unionism which differentiates unionism as a form of political identity from the ethnicity of traditional Irish nationalism. The contributions explore the ambiguities of southern Irish politics with respect to 'the Northern Ireland question' and challenge a conventional and widely accepted understanding (inimical to unionism and unionists) of the genesis of the terrorist conflict in Northern Ireland and the extent of discrimination under the Stormont administration but without loss of objectivity and professional detachment.
Each of the jurisdictions within the United Kingdom is constantly refining the operational characteristics of its planning system and while there are some common practices, there are also substantive divergences. In each territory the planning template is shaped within a dynamic political and legal context and thus students and practitioners require an accessible, in-depth and up-to-date literature dealing with this matter. The multi-disciplinary contributors to this expanded Second Edition of Planning Law and Practice in Northern Ireland explore the progression of planning within the region and discuss prominent facets of contemporary development management, development plans, environmental law, property law and professional practice. Consideration is given to the consequences of Brexit for planning in Northern Ireland, devolved government institutional structures for planning, and the post-2015 emergent performance of local authorities in this arena. The book makes an important contribution to the wider literature in this field and, with its extensive citing of statutes and cases, provides an essential resource for students, planning practitioners and researchers.
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.