Transcending Territory: Towards an Agreed Northern Ireland?

1999 ◽  
Vol 6 (1-2) ◽  
pp. 235-266 ◽  
Author(s):  

AbstractThe 1998 Belfast Agreement concluded by most of the political parties in Northern Ireland and the British and Irish Governments is a very sophisticated blueprint, which attempts to deal with the various facets of a political entity in which a sizeable minority of the population wish to belong to another state. The structures and processes devised in the Belfast Agreement must cope with the so-called 'double minority' problem, ensuring that while Northern Ireland remains in the UK, it is on terms which respect and safeguard the members of the nationalist community who wish to be in a united Ireland, but also provide for the change in constitutional status from the UK to Irish unification in a manner which respects and safeguards the members of the unionist community who are opposed to that change. The Belfast Agreement, particularly in the reformulated Articles 2 and 3 of the Irish constitution, would appear to place primacy upon people and their diversity of identities and trad itions over territory. The Belfast Agreement also operates within a special framework which accommodates national identities through sub-state and inter-state relationships in which law seeks to protect human rights, both individual and collective.

2007 ◽  
Vol 56 (4) ◽  
pp. 797-835 ◽  
Author(s):  
Suzanne Egan ◽  
Rachel Murray

AbstractThe basic aim of the Good Friday/Belfast Agreement was to try to achieve a political settlement to the conflict in Northern Ireland. While the channels for the settlement were to be primarily institutional, the importance of safeguarding the rights of both communities in Northern Ireland by addressing equality and justice issues was recognized, to varying degrees, by all parties to the process that led to the drafting of the Agreement. As the negotiations progressed, the human rights section of the Agreement grew exponentially, moving ‘from the margins to the mainstream’ so that the final Agreement contains a whole section on human rights protections. Not only have these particular elements of the Agreement come to fruition, but they also have received a considerable amount of public and political interest as well as academic comment and analysis. Buried within the human rights chapter, however, is a concept that has so far received minimal interest or enthusiasm from any quarter. That is the reference in paragraph 10 of the ‘Rights, Safeguards and Equality of Opportunity’ chapter to the possibility of establishing an all-island Charter of Rights.The purpose of this article is threefold. First, it traces the genesis of the Charter of Rights concept through to its inclusion in the Good Friday/Belfast Agreement; secondly, it examines the approach thus far taken by the Joint Committee of the two human rights commissions to the task entrusted to them in relation to the Charter by the Agreement; and finally, it explores some of the issues that need to be considered and the challenges faced by that Committee in future efforts to assist in the construction of any such Charter. In so doing, it describes the political and legal difficulties faced in attempts not only to formulate agreement on human rights but also to create a legal document which may be applicable to two jurisdictions. It concludes by suggesting ways in which the project may be progressed.


2005 ◽  
Vol 4 (2) ◽  
pp. 147-156 ◽  
Author(s):  
Caitlin Donnelly ◽  
Robert D. Osborne

Many commentaries on social policy in the UK assume that policy as developed in England applies to the constituent countries of Wales, Scotland and Northern Ireland. However, the advent of political devolution in the last five years is slowly being reflected in the literature. This paper takes education policy in Northern Ireland and discusses recent policy developments in the light of the 1998 Belfast Agreement. The Agreement, it is suggested, is providing a framework which promotes equality, human rights and inclusion in policy making. Some early indications of this are discussed and some of the resultant policy dilemmas are assessed. The paper concludes that accounts of policy development in the UK, which ignore the multi-level policy-making contexts created by devolution, do a disservice to the subject.


UK Politics ◽  
2021 ◽  
pp. 121-143
Author(s):  
Andrew Blick

This chapter switches the focus to political parties. It looks at their individual roles and how they operate. The chapter discusses the parties that constitute the ‘party system’. It considers the two main parties operating at the UK level: the Conservative Party and the Labour Party. It also looks at the smaller parties, such as the Liberal Democrats. The chapter considers the political approach of the various parties and the type of support they attract. It also looks at how parties are funded. The chapter provides a number of theoretical perspectives to help with an analysis of political parties. These are: the extent to which parties pursue values or power; the respective roles of their members and leaders; groupings within parties; how far the UK has a two-party system or whether our definition of the party system should be revised; and the relationships between the various parities. The chapter then gives examples of how these ideas play out with specific focus on recent events involving the Conversative and Labour parties. The chapter asks: do members have too much influence over their parties? The chapter ends by asking: where are we now?


Author(s):  
Margaret Arnott ◽  
Richard Kelly

This chapter discusses the role of smaller parties in the law-making process. General elections in the UK are conducted with an electoral system which militates against the representation of smaller political parties, particularly those having no strong support at the regional level. However, events at Westminster over the last decade have increased the prominence of smaller parties in the operation of parliamentary business. The chapter first considers the role of small parties in the UK Parliament, committees and legislation, as well as their participation in backbench debates before examining how the political and electoral context of Parliament, especially in the twenty-first century, has affected the representation of smaller parties and the ways in which reforms to parliamentary procedure since the 1980s have enhanced the role of the second opposition party. It suggests that Parliament today offers more opportunities for smaller political parties to influence debate and policy, but this remains quite limited.


Author(s):  
Philip Norton

This chapter discusses the political organization of the UK Parliament, at the heart of which are the political parties. It first considers the internal organization of Parliament, focusing on how political parties are structured. There are two principal parties facing one another in Parliament: the party in government and opposition parties. The opposition comprises frontbench Members (shadow ministers) and backbenchers. Smaller parties may also designate some Members as ‘frontbenchers’ (official spokespeople for the party). The frontbench of each party includes whips. The chapter provides an overview of these whips as well as parliamentary parties before considering legislative–executive relations. In particular, it examines how parties shape the relationship between Parliament and the executive, and how these have changed over time.


2019 ◽  
Vol 68 (2) ◽  
pp. 477-494
Author(s):  
Bríd Ní Ghráinne ◽  
Aisling McMahon

AbstractOn 7 June 2018, the Supreme Court of the United Kingdom (UKSCt) issued its decision on, inter alia, whether Northern Ireland's near-total abortion ban was compatible with the European Convention of Human Rights (ECHR). This article critically assesses the UKSC's treatment of international law in this case. It argues that the UKSCt was justified in finding that Northern Ireland's ban on abortion in cases of rape, incest, and FFA was a violation of Article 8, but that the majority erred in its assessment of Article 3 ECHR and of the relevance of international law more generally.


2020 ◽  
Vol 15 (2) ◽  
pp. 71-74
Author(s):  
Nathan Emmerich

Until recently, Northern Ireland was infamous for having one of the most restrictive legal frameworks for abortion in Europe. This meant that few were performed in the country, and those who wished to terminate a pregnancy were forced to travel to other parts of the UK or further afield. In 2019 a continuing political stalemate in Northern Ireland has indirectly resulted in the relevant legislation recently being repealed by the UK government. For a short time, this meant that the legal position in Northern Ireland regarding abortion became one of the most permissive in Europe. This short paper sets out the current position and, in the light of the political and legislative roadmap set out by the Northern Ireland Office, identifies and briefly discusses some potential problems that might arise. Most notable are the points raised with regard to conscientious objection. Specifically, the potential for developments in Northern Ireland to further calls for healthcare professional’s ability to rely upon conscientious objection to be removed.


1967 ◽  
Vol 29 (4) ◽  
pp. 526-535 ◽  
Author(s):  
Gerard F. Rutan

Almost thirty years ago Nicholas Mansergh concluded that the political parties in Northern Ireland did not fulfill the needs of the political system: that (to put his statement in more contemporary terms) the input functions, particularly that of political socialization, were enfeebled to the extent that one party constituted a permanent government while the other became an equally permanent opposition. What is more, underlying the party system and within the political society itself there existed no consensus on fundamentals: “There is no residue of political beliefs—as in Great Britain and the Free State—acceptable to both parties.”


2021 ◽  
Vol 15 (2) ◽  
pp. 103-120
Author(s):  
Galih Raka Siwi ◽  
Reviansyah Erlianto ◽  
Maharani Nurdin

The existence of local political parties in Indonesia is a tangible form of the existence of special autonomy in a certain area. The specificity of a certain area is regulated in the 1945 Constitution Article 18B paragraph (1). In addition, the formation of local political parties is one of the human rights in the political field, as stated in Article 28E paragraph (3) of the 1945 Constitution. The research method uses a normative juridical approach with secondary data and analyzed descriptively qualitatively. Based on research, Papua Province has the right to form political parties (see Article 28 paragraph (1) of the Papua Province Special Autonomy Law). However, the phrase "political party" is considered to have multiple interpretations, thus creating legal uncertainty. Through the decision of the Constitutional Court Number 41/PUU-XVII/2019, the legal uncertainty can be guaranteed by the Constitutional Court Decision. In the future, by looking at the background and real needs of the Papua Province, it is possible to form a Local Political Party in the Papua Province, considering the condition of the Papua Province as a special autonomous region.Partai politik lokal di Indonesia merupakan wujud nyata adanya otonomi khusus di suatu daerah. Kekhususan suatu daerah diatur dalam UUD 1945 Pasal 18B ayat (1). Selain itu, pembentukan partai politik lokal merupakan salah satu hak asasi manusia di bidang politik, sebagaimana tercantum dalam Pasal 28E ayat (3) UUD 1945. Metode penelitian menggunakan pendekatan yuridis normatif dengan data sekunder dan dianalisis secara deskriptif kualitatif. Berdasarkan penelitian, Provinsi Papua berhak membentuk partai politik (lihat Pasal 28 ayat (1) UU Otsus Provinsi Papua). Namun, ungkapan “partai politik” dianggap memiliki multitafsir sehingga menimbulkan ketidakpastian hukum. Melalui putusan MK Nomor 41/PUU-XVII/2019, ketidakpastian hukum dapat dijamin oleh Putusan MK tersebut. Ke depan, dengan melihat latar belakang dan kebutuhan riil Provinsi Papua, dimung­kinkan dibentuknya Partai Politik Lokal di Provinsi Papua, mengingat kondisi Provinsi Papua sebagai daerah otonomi khusus.


2016 ◽  
Vol 22 (1) ◽  
pp. 108-132
Author(s):  
Tommy McKearney

The Northern Ireland story is more complex than the trite tale of orange versus green or two warring tribes. Current inhabitants are not settling ancient scores. Northern Ireland is the product of colonialism, the plantation of Ulster, machinations of a British state determined to retain a strategic outpost, 50 years of one party discriminatory government and the recent conflict. The Good Friday Agreement facilitated an end to armed conflict but is inherently flawed. Compounding the Stormont Assembly’s very limited ability to steer the economy is reluctance by the political parties to accept the rationale of the Agreement. Republicans are unhappy that Northern Ireland will remain British while unionists dislike the fact that republicans are partners in administration. Northern Ireland’s two leading parties, The Democratic Unionist Party (DUP) and Sinn Féin (SF,) do not have the power (even if they wanted to use it) to address the social and economic issues affecting constituents’ lives. Northern Ireland is changing demographically while also facing economic challenges at a time when both England and Scotland are reassessing the nature of the Union.


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