Abstract

AbstractThis article focuses on the relationship between the United Kingdom Supreme Court and Northern Ireland over the course of a constitutionally significant period of time, namely the first decade of the Court's existence. It does this by exploring what difference the Court has made to the law of Northern Ireland, what significance the cases from Northern Ireland have had for the law in other parts of the United Kingdom, and what part has been played in the Court's work by the sole Justice from Northern Ireland, Lord Kerr of Tonaghmore, and by the Attorney General for Northern Ireland, John Larkin QC. It concludes that the Court has established itself as an indispensable component of the legal system of Northern Ireland.

Highlights

  • This article analyses connections between the United Kingdom Supreme Court (UKSC) and Northern Ireland during the first 10 years of the Court’s existence (October 2009 to September 2019)

  • It does this by exploring what difference the Court has made to the law of Northern Ireland, what significance the cases from Northern Ireland have had for the law in other parts of the United Kingdom, and what part has been played in the Court’s work by the sole Justice from Northern Ireland, Lord Kerr of Tonaghmore, and by the Attorney General for Northern Ireland, John Larkin QC

  • That Ms Sarah Ewart was subsequently granted standing to take a case in the High Court of Northern Ireland, where Keegan J applied the ruling of the UKSC by holding that the law on abortion in relation to fatal foetal abnormalities was incompatible with Article 8 of the European Convention on Human Rights (ECHR): In re Sarah Jane Ewart’s Application [2019] NIQB 88

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Summary

MODERN LAW REVIEW

This article focuses on the relationship between the United Kingdom Supreme Court and Northern Ireland over the course of a constitutionally significant period of time, namely the first decade of the Court’s existence It does this by exploring what difference the Court has made to the law of Northern Ireland, what significance the cases from Northern Ireland have had for the law in other parts of the United Kingdom, and what part has been played in the Court’s work by the sole Justice from Northern Ireland, Lord Kerr of Tonaghmore, and by the Attorney General for Northern Ireland, John Larkin QC.

INTRODUCTION
APPLICATIONS FOR PERMISSION TO APPEAL
CASES RELATING TO THE CONFLICT IN NORTHERN IRELAND
CASES RELATING TO CRIMINAL LAW OR PROCEDURE
PROCEDURAL JUSTICE
Cases on the rights and welfare of women and children
Cases on procedural justice
NORTHERN IRELAND
Findings
CONCLUSION
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