In the Matter of an Application by Evelyn White for Judicial Review [2000] NI 432, [2004] NICA 1

In Northern/Irish Feminist Judgments: Judges' Troubles and the Gendered Politics of Identity, Edited by Mairead Enright, Julie Mccandless and Aoife O'Donoghue (Hart Publishing, Forthcoming December 2016)

13 Pages Posted: 19 Sep 2016

See all articles by Catherine O'Rourke

Catherine O'Rourke

Ulster University - Transitional Justice Institute

Date Written: August 15, 2015

Abstract

The feminist judgment re-visits the 2000 judgment of the Northern Ireland High Court, which determined that the failure of the Secretary of State to appoint any women to the Northern Ireland Parades Commission was consistent with his obligation to appoint a Commission that was 'representative of the community in Northern Ireland, as far as practicable'. The feminist judgment takes issue, in particular, with the characterisation of 'representative of the community' as referring only to the two sectarian blocs, in the context of parading. The judgment offers an alternative and more nuanced understanding of 'community' in the Northern Irish context, reviewing the participation of women in parading in Northern Ireland and investigating the ways that gender and ethnic identity are co-constituted and not discrete. The judgment further challenges the Secretary of State's ultra vires replacement of the 'representative of the community' requirement with the narrower requirement of 'religious balance'. Finally, the judgment contextualises the failure to appoint any women to the Northern Ireland Parades Commission within the broad under-representation of women in Northern Irish public life.

Keywords: Feminist judgment, Northern Ireland, Community, Representation, Identity

Suggested Citation

O'Rourke, Catherine, In the Matter of an Application by Evelyn White for Judicial Review [2000] NI 432, [2004] NICA 1 (August 15, 2015). In Northern/Irish Feminist Judgments: Judges' Troubles and the Gendered Politics of Identity, Edited by Mairead Enright, Julie Mccandless and Aoife O'Donoghue (Hart Publishing, Forthcoming December 2016). Available at SSRN: https://ssrn.com/abstract=2838887

Catherine O'Rourke (Contact Author)

Ulster University - Transitional Justice Institute ( email )

Shore Road
Newtownabbey, County Antrim BT37 OQB
Northern Ireland

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
11
Abstract Views
296
PlumX Metrics