The Frontiers of Legal Analysis: Reframing the Transition in Northern Ireland

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.     

Making War on Terror? Global Lessons from Northern Ireland

In place of the simple modelling employed in anti-terrorist legal discourse, this article posits an interactive model of the relationship between the state and violent political actors, exploring law's role in both the repression and mobilisation of challengers. Drawing on social movement theory, it hypothesises a process of 'legally implicated mobilisation' which takes account both of law's presence and its partial absence in 'legal grey zones' during violent conflict, and it suggests how law may impact upon key elements of the mobilisation process. The hypothesis is applied to qualitative data from Northern Ireland on violent challengers. The data point to the importance of 'messaging' about law in the state of exception, supporting claims that law can have a 'damping' effect on violent conflict. The relationship between repression and violence is partly symbiotic, and in the global 'war on terror,' prisoner-abuse may have a mobilising effect on violent challengers.     

Suspect burial excavation procedure: A cautionary tale

Geographic location, time of reporting and need for rapid evaluation contributed to a lack of intelligence concerning a suspect burial site in scrub woodland (～15 km from the last known location of a missing person) in Northern Ireland. Police received reports of a subsiding ‘grave’, which was evaluated positively using GPR and victim recovery dogs (VRD). After 24 h work, archaeological excavation showed a vertical-sided, stepped excavation on undisturbed clay with no inhumation. Subsequent research showed the feature to be an engineering trial pit. The GPR response was a water table and rocks, VRD were possibly reacting to disturbed ground. The work serves as a demonstration of good archaeological practice in suspect burial excavation, following a lack of landscape evaluation and poor overall intelligence.     

The Commission for Equality and Human Rights:A New Institution for New and Uncertain Times

The establishment of the Commission for Equality and Human Rights(CEHR) has generated a mixture of praise, controversy and heightenedexpectations. The new Commission has more extensive enforcementpowers than did the previous equality commissions. In addition,the ongoing expansion of anti-discrimination law means thatthe CEHR has new terrain on which to press for change. However,its troubled birth, the pressure of expectation, the ever-increasingcomplexity of enforcing anti-discrimination legislation andthe tensions that lurk within its broad remit present substantialchallenges for the new Commission. It will have to be flexible,creative, strategic and tough-minded where required if it isto win credibility and ensure respect for anti-discriminationand human rights values.     

Introduction: The Future of British Political History

Politics and history are closely intertwined and historians play a vital role in British public life. Yet, British political history, which has a critical contribution to make for understanding British politics today, faces two urgent challenges. First, academic history has retreated from subjects that remain hugely popular in media and trade publishing and of interest to social scientists, such as the histories of political institutions and formal power structures. Second, political history is disconnected from innovative trends in the wider historiography of modern Britain. Combined, these issues leave political historians in an ambiguous position in relation to the wider field, to other academic disciplines and to contemporary political debates. After discussing these challenges, this introduction surveys this special issue, which reflects on what (if anything) is distinctive about political history as practised today, and what its contribution to historiography, social science and public life should be. It ends by posing key questions for historians of all methodological stripes who investigate Britain's political past.