Northern Ireland Protocol

The Sunlit Uplands of Rights Protection in Northern Ireland

By: Stuart Wallace

The High Court in Northern Ireland was recently asked in Dillon and Ors v Secretary of State for Northern Ireland to consider whether the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Legacy Act) was compatible with human rights … [Read more...] about The Sunlit Uplands of Rights Protection in Northern Ireland

Rigorous impartiality: What has been breached in the quest for a DUP deal and why the British will regret it

By: Katy Hayward

The principle of rigorous impartiality For over twenty-five years, the government of the United Kingdom has been under an extraordinary obligation. The last two governments have failed to uphold it. As a consequence, the present condition of the … [Read more...] about Rigorous impartiality: What has been breached in the quest for a DUP deal and why the British will regret it

Northern Ireland and its (other) constitutional issues

By: Lisa Claire Whitten

Traditionally in Northern Ireland (or NI) mention of constitutional change has meant only one thing: United Kingdom (UK) vs United Ireland (UI). Known simply as ‘the constitutional question’, the issue to which this juxtaposition points – … [Read more...] about Northern Ireland and its (other) constitutional issues

1998 Agreement the North-South Dimension at 25

By: Lisa Claire Whitten

The North-South aspects of the 1998 Agreement contain some of its most constitutionally innovative provisions. Although not often acknowledged as such in the UK context, Strand Two institutions and related provisions introduced a quasi-confederal … [Read more...] about 1998 Agreement the North-South Dimension at 25

On orthodoxy and unanswered questions: the Allister ruling and why it matters

By: Lisa Claire Whitten

The background In February 2021 judicial review proceedings challenging the lawfulness of the Northern Ireland Protocol were brought against the Prime Minister, the Secretary of State for Northern Ireland, and the Chancellor of the Duchy by Mr … [Read more...] about On orthodoxy and unanswered questions: the Allister ruling and why it matters

On the Northern Ireland Protocol Bill

By: Dexter Govan

The Northern Ireland Protocol Bill passed its second reading in the House of Commons last Monday. The Bill seeks to ease the delays on goods being brought from Great Britain into Northern Ireland by ensuring only those destined for the … [Read more...] about On the Northern Ireland Protocol Bill

Conference: France-United Kingdom – Two Constitutions After Brexit

By: The Constitution Society

On Friday 13 May, The Constitution Society held a conference at the French Senate in Paris looking at a range of topical constitutional issues – from the Northern Ireland Protocol to retained EU law. Recordings from the various panels and talks given … [Read more...] about Conference: France-United Kingdom – Two Constitutions After Brexit

Northern Ireland’s precarious place in the molten constitution

Alex Walker
By: Alex Walker

Recent events in Northern Ireland – in particular the resignation of First Minister Paul Givan on 3 February 2022 – have highlighted once more the precarity of Northern Ireland’s power-sharing arrangements and the exceptional nature of the … [Read more...] about Northern Ireland’s precarious place in the molten constitution

Northern Ireland: a constitutional exception and why it matters

By: Lisa Claire Whitten

Introduction In the process of the United Kingdom’s withdrawal from the European Union – Brexit – Northern Ireland has played a starring role. Although largely overlooked in the early stages of the process, the ‘unique circumstances’ and … [Read more...] about Northern Ireland: a constitutional exception and why it matters