The international rule of law

ABSTRACT

The rule of law is a moral ideal that protects distinctive legal values such as generality, equality before the law, the independence of courts, and due process rights. I argue that one of the main goals of an international rule of the law is the protection of individual and state autonomy from the arbitrary interference of international institutions, and that the best way to codify this protection is through constitutional rules restraining the reach of international law into the internal affairs of a state. State autonomy does not have any intrinsic value or moral status of its own. Its value is derivative, resulting from the role it plays as the most efficient means of protecting autonomy for individuals and groups. Therefore, the goal of protecting state autonomy form the encroachment of international law will have to be constrained by, and balanced against the more fundamental goal of an international rule of law, the protection of the autonomy of individual persons, best realized through the entrenchment of basic human rights.     

The emotional dimensions of reason-giving in deliberative forums

Policy Sciences - This study investigates the role of emotions in the context of a controversial debate surrounding criminal legislation in Brazil. While several thinkers have criticized...     

Judicial Europeanisation: The Case of Zambrano in Ireland

The Court of Justice of the European Union is an important motor of integration and is said to be particularly strong in those cases where the Council shows an inability to act. What is the relevance of the Court to social Europe? Europeanisation studies analyse how member states change due to European integration. Judicial Europeanisation is a topic that is under-explored in the literature. Using a case-study approach, this paper analyses the Zambrano case, one of the most notable recent cases of judicial activism of the CJEU with regard to EU citizenship rights. Although the literature often assumes that member states only reluctantly embrace the requirements of case law, the Irish government immediately obliged its administration to implement the required changes. Analysing this case in greater detail and comparing it to the responses of several other member states promises to shed some light on the under-explored question of how Europeanisation through case law proceeds, and what the Court may contribute to social Europe.     

The illusion of state neutrality in a secularising Ireland

It is argued that although the importance of party identification and social cleavages is declining, the bipolarity of the Swedish party system is sustained by voters’ identification with political blocs rather than with parties. Using data from the Swedish election of 2010, the article shows that voters’ bloc identification structures their voting behaviour and stabilises the party system. Four hypotheses are tested and supported. H1: Declining party identification has been replaced by bloc identification. H2: Voters with a strong bloc identification are often detached from a strong party identification, while almost all of the few voters with a strong party identification are also attached to a strong bloc identification. H3: Bloc identification has an effect on voting for parties belonging to one of the political blocs, even when party identification is controlled for. H4: Bloc identification has a small effect on electoral support for anti-establishment parties (such as the Sweden Democrats).     

The Limits to Coercive Consociationalism in Northern Ireland

The merits of consociation as a means of solving the Northern Ireland conflict are presented through contrasting it with other ways of stabilizing highly divided political systems. Why voluntary consociation has been unsuccessful in Northern Ireland and unfortunately is likely to remain so is explained. The signing of the Anglo-Irish Agreement (AIA) must be understood against the background of the failure of previous consociational experiments. The AIA partly represented a shift in British strategy from voluntary to coercive consociationalism. The prospects for this coercive consociational strategy and variants on it are evaluated.     

The role and effectiveness of intelligence in Northern Ireland

This article examines the role and effectiveness of counter-terrorist intelligence operations in Northern Ireland. Specifically, it examines the methods of gathering intelligence as well as how the information was used, while also addressing some of the wider moral and legal implications of intelligence activities for a liberal democratic society. It argues that British intelligence was ultimately very effective but at the price of employing some highly dubious methods.

‘Today we were unlucky, but remember we only have to be lucky once’. 1 1 Quoted in Stewart Tendler and Richard Ford, ‘Seaside Blast May Signal Mainland Bombing Campaign’, The Times, 13 October 1984, p.2. View all notes

Statement by the Provisional Irish Republican Army

     

The 1998 Northern Ireland Assembly Election

The result of the assembly election in Northern Ireland in June 1998 was a victory for those who support the assembly, but it was not such a triumph for David Trimble and the Ulster Unionist Party. I will examine both the Unionist vote and the Nationalist vote and the consequences.     

The Northern Ireland Peace Process in an Age of Austerity

The steady drip of dissident Republican attacks forms the backdrop to this special issue of Political Quarterly. Moreover, this comes at a time of economic austerity, when Northern Ireland faces unprecedented cuts to its public sector‐dominated economy. The economic crisis in the South adds an additional layer of uncertainty to the picture. In the past, economic deprivation has been associated with conflict in Northern Ireland and elsewhere. Might the peace dividend and constitutional settlement which have underpinned the Northern Ireland ‘miracle’ since 1994 be under threat? Or is there now sufficient momentum in both of Northern Ireland's main ethnic communities that such an outcome can be safely averted? This paper summarises the thinking of our symposium and special issue on this topic, updating our picture of the Northern Ireland peace process.     

Bicommunalism in Northern Ireland

Northern Ireland is a bicommunal society in which Protestantsare numerically dominant; Roman Catholics constitute virtuallyall of the remaining population. On the island as a whole, Protestantsare heavily outnumbered; the Republic of Ireland (the "South")has a population that is about 96 percent Catholic. Social segregationof the two northern communities is relatively distinct, andthere is little crosscutting between groups that might lessenbicommunal conflict. A reciprocal relationship exists betweenthe social system and political structures. Northern Irish politicalinstitutions followed the Westminster model, which facilitatedthe political exclusion of Catholics and impeded social as wellas political integration. The bicommunal social structure hasimpeded the development of more accommodating political structures.Geographic issues and external linkages compound the politicalproblem. Northern Irish politics can be viewed as a "dual dyad"in which the United Kingdom and the Republic of Ireland arecritical components. Psychological dimensions of Northern Irishbicommunalism further exacerbate the conflict.     

The Referendum, the Courts and Representative Democracy in Ireland

This article examines the four referendums held in Ireland between 1983 and 1987. Special emphasis is placed on the constitutional framework. It is argued that the 1937 Irish Constitution created a tension between representative democracy and judicial review. as well as between parliamentary supremacy and sovereignty of the people. This is encapsulated in Article 6.which states that all executive, judicial and legislative authority is derived from the people under God. This article was used by the Supreme Court to strikedown legislation which precipitated the 1984and 1987 referendums and to refuse injunctions in the 1983 and 1986 referendums. Finally, the four referendums were called in response to interest group pressure and Supreme Court decisions, which indicates shifts in Ireland away from the traditional Westminister model that has operated in practice in Ireland since 1922.