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1.
On 7 June 2018, the UK Supreme Court held that the Northern Ireland Human Rights Commission (NIHRC) did not have standing under the Northern Ireland Act 1998 (NIA) and Human Rights Act 1998 (HRA) to challenge the legality of abortion law in Northern Ireland. This case note argues that while a literal reading of the NIA exposes its inconsistencies, a purposive reading of both the NIA and HRA indicates that the NIHRC should have had standing. The note seeks to highlight the unique democratic function of the NIHRC in a consociational setting in protecting rights that are not represented along ethno‐national lines. It also considers the negative ramifications that the judgment will have on women who have been victims of the legislative regime and seek to challenge the compatibility of Northern Irish abortion law with the HRA in the future.  相似文献   

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This article critically examines discourses of political policing in contemporary Northern Ireland (NI). Recognising the post-conflict and post-reform climate that policing now occurs within, it argues that these environmental factors have conditioned discourses of policing that are directly tied to how legitimate political opposition to the political status quo in post-Good Friday Agreement (GFA) NI is policed. The article asserts that political policing discourses have taken a new trajectory that departs from traditional ethno-nationalist interpretations of the issue to instead reflect a broader structuralist interpretation of state-police power relations. It concludes with the argument that political policing discourses have evolved to reflect common class-based disillusionment with the post-GFA state across the political divide that sees the matter rooted in police protection of a system of devolved governance that has failed to tackle structural exclusion and socio-economic deprivation.  相似文献   

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The political settlement resulting from the Belfast Agreement recognisedthe fundamental importance of the issue of rights to a stable peace inNorthern Ireland. Indeed, the agreement provided for a Human RightsCommission, one of whose tasks is the drafting of a Bill of Rights thatwill reflect the political reality of the province. This paper arguesthat the proposed document will have to reflect an understanding ofrights and their protection resulting from the particular history ofNorthern Ireland. This specific understanding of rights appeared firstin the Anglo-Irish Agreement and has been gradually developed andconsolidated in the political agreements since. The planned NorthernIreland Bill of Rights will have to reflect this rights thinking. Thearticle also chronicles the recent work of the Northern Ireland HumanRights Commission in drafting the Bill of Rights to be presented to theSecretary of State for Northern Ireland in February 2002. Thereciprocal, if belated, moves in the Republic to set up its own humanrights commission will also be addressed as part of the process to drawup a Charter of Rights for the whole people of Ireland.  相似文献   

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The notion that the abuse of human rights leads to conflict has been recognised by commentators and international legal instruments. Human rights activists in Northern Ireland have long argued that the failure on the part of the government to comply with its international obligations to protect rights has exacerbated the conflict. This essay is predicated on the thesis that, as issues of justice and the abuse of rights were central to the genesis of the conflict, they must also be the seminal strands in the search for peace. By way of an audit measured against the proposals of human rights activists and the recommendations of international institutions charged with assessing UK compliance with human rights treaties, the essay examines the changes in the human rights situation in Northern Ireland since the declarations of the ceasefires. The discussion draws on the experience of other jurisdictions to support its central thesis. Finally, the reasons for the UK reluctance to adopt a more rights-centred approach to peace negotiations are outlined, and the practical benefits which would result from such an approach is considered. Committee on the Administration of Justice The views expressed here are those of the author and do not necessarily reflect those of CAJ.  相似文献   

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By creating ‘outsiders’ … labelling invariably gives rise to repeat interventions of increasing intensity that … ultimately establish, consolidate, and/or confirm offender ‘identities’. Such ‘identities’ attract further intervention and/or negative reaction and so the process continues.

(Goldson, 2010)

As the above quote attests, labelling theorists recognise the harmful impact of formal system contact on the individual and contend that problems occur when members of society become intolerant towards the individual's offending, forming a ‘negative social reaction’, invoking damaging consequences for the ‘offender’ (ibid).  相似文献   

10.
This article examines nonjury trials for political/terrorist offenses in Northern Ireland. It traces the origins of the current troubles; the breakdown of the jury system; the work of the royal commission, chaired by Lord Justice Diplock; and the establishment of courts, known as Diplock Courts, in which a single judge tries cases using modified rules of evidence and lowered standards for the admission of confessions. Finally, the article evaluates the work of the Diplock Courts, and suggests their wider relevance to future policy-making. In doing so, it touches upon a fundamental role of governing through courts—the maintenance of the ability to govern, particularly in a society that has neither political nor judicial consensus.  相似文献   

11.
论环境权的人权属性   总被引:4,自引:0,他引:4  
对于环境权的属性问题一直是法学界争论的一个焦点 ,可谓众说纷纭 ,莫衷一是。从权利本原的角度入手 ,阐述目前我国研究权利特别是环境权的范式存在的误区 ,提出应从唯物主义的立场揭示环境权的自然权利属性。同时 ,对人权的历史发展中概念、性质、主体和内容的变化进行剖析 ,推断出环境权符合人权的构成要件 ,在精神实质与价值内涵上与人权存在固有的联系 ,是一项人类社会生存与发展不可或缺的基本人权。  相似文献   

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In Northern Ireland there are many fewer permanent exclusion from school than in England and Wales. It has been suggested that this may be linked to differences in the statutory schemes which regulate exclusion. This article compares the legal framework for school exclusions in Northern Ireland and England and Wales; provides a comparative analysis of the statistical data in relation to school exclusions; assesses whether the differences in the legal framework may have an impact on the propensity to permanently exclude; and considers whether there are any other non-legal factors which may explain lower rates of school exclusions. The overall objective is to see whether the legal differences which exist have a meaningful effect on the overall rate of school exclusion and to extrapolate best practice. In particular, the analysis focuses on experience of the statutory pre-expulsion consultation procedure in Northern Ireland, which has no equivalent in England and Wales.  相似文献   

13.
There is growing evidence that the European Union (EU) is becomingmore involved in human rights protection and has the capacityto turn into an unprecedented post-national human rights protectioninstitution. Based on that evidence, this article suggests differentarguments in favour of a further development in this direction.These arguments stem not only from a general global justiceapproach to post-national institutions’ responsibilities,but also from the concept of human rights itself and the specificneeds of human rights protection at the post-national level.The EU's institutional framework presents advantages that fitthe general criteria of institutional design in the human rightscontext. Of course, many doubts and critiques may be raisedagainst an entity which started primarily as a functional andeconomic institution, and important reforms, some of which areventured in the present article, are still needed to get theEU closer to this institutional ideal. More generally, the articleemphasises the unique example and precedent the EU may constitutefor normative institutional thinking about global justice atthe post-national level.  相似文献   

14.
龚向和  袁立 《河北法学》2011,29(5):46-55
人权与发展是当今世界两大议题,而长久以来人权与发展在两条互不搭界的轨道上运行,人权与发展的结合能为人类增添更多福祉。人权是发展的目的,发展是为了扩展人权,这是目的性人权论。而人权必须以经济社会发展为基础,且人权能够促进经济社会发展,因而以人权促进发展的工具性人权,是人权最终得以保障的最佳路径。工具性人权有着深厚的法理底蕴、现实基础和规范支撑,人权演进的历史其实就是一部工具性人权的发展史,从古代到现代、从美国到中国的实践经验无不表明人权对发展的重大作用,世界人权宪章等国际规范性文件无不论证着工具性人权的重要价值。  相似文献   

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The Human Rights Act 1998 is one of the most important constitutional reforms to have been implemented by the New Labour administration in Britain. In addition to incorporating the European Convention on Human Rights into domestic law, its main ambition is the creation of a human rights culture. However, while citizens appear to have very little understanding of what the legislation entails, there is a strong tide of negative media publicity which depicts the Human Rights Act as a ‘villains’ charter’. It has been suggested that the government should do more to promote human rights. This paper reflects on how this may be achieved. An important strategy for creating a positive public awareness of human rights involves eradicating myths which have been allowed to flourish in sections of the British press. However, drawing on the work of Roland Barthes, this paper argues that this may be an unattainable goal. Human rights are empty signifiers which invite mythical appropriation. Both proponents and detractors of human rights legislation mobilise this capacity for mythmaking in their rhetoric.  相似文献   

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This essay outlines the implications for abused women and children living in a society dominated by a high level of social disruption and examines the various responses to domestic violence when it occurs in the midst of political violence. Attention is focused on whether or not there are any special problems encountered in such a situation and whether these have particular implications for women elsewhere. Using Northern Ireland as one example, the essay explores the social conditions impacting at the familial, community, and state level and assesses the extent to which these provide a pervasive and interactive system for legitimizing domestic violence.  相似文献   

17.
Risse  Mathias 《Law and Philosophy》2017,36(2):169-190
Law and Philosophy - I begin by summarizing some of the main features of Buchanan’s account. I argue next that his account gets no support from defeating his envisaged opponent, the Mirroring...  相似文献   

18.
This article defends a novel, normative conception of the indivisibility of human rights. Human rights are indivisible because normative commitment to one mutually entails normative commitment to another. The normative conception enables us to defend three important theoretical and practical corollaries. First, as a conceptual thesis normative indivisibility lets us see how human rights constitute a unified system not liable to the typical counter-examples to indivisibility as mutual indispensability. Second, as a dialectical thesis, normative indivisibility can support linkage arguments in defense of controversial human rights. And third, as a political thesis, normative indivisibility can show why the political thesis of indivisibility means that states lack discretion to ‘pick and choose’ which human rights to implement.  相似文献   

19.
British constitutional legal discourse is structurally limited in its capacity to capture the complexity of the Good Friday Agreement. Rather than assessing the Agreement in narrow devolutionary terms, it should be seen as a hybrid domestic and international law instrument, making an important contribution to accepted international law norms in relation to self-determination. The Agreement transforms and partly transcends the Northern Ireland conflict by substituting political contestation for violent conflict, and by defining the modalities of conducting that contestation. This analysis complements classical international law perspectives, and opens up the application of legal discourses associated with 'transitional justice' to the legal and political transformation in Northern Ireland. These discourses focus on the problem of reconciling the demands of peace with the imperatives of justice. The Agreement sits squarely in this terrain with its provisions on 'dealing with the past' and 'institutional legacies'. The insights gained here challenge orthodox thinking about conflict-management and the ongoing political process.  相似文献   

20.
It is not possible in a short paper to deal with the nuances and complexities of the Irish situation. I can only hope to provide pointers and some basic facts. Even facts and pointers have to be placed in perspective. The perspective is necessarily that of the author.  相似文献   

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