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Does Every Cloud Have a Silver Lining?: Brexit, Repeal of the Human Rights Act and the Northern Ireland Bill of Rights

53 Pages Posted: 11 Apr 2017  

Anne Smith

Ulster University - Transitional Justice Institute

Monica McWilliams

Ulster University - Transitional Justice Institute

Priyamvada Nellum Rose Yarnell

Ulster University - Transitional Justice Institute

Multiple version iconThere are 2 versions of this paper

Date Written: December 1, 2016

Abstract

Following the Brexit referendum in the United Kingdom and the Conservative’s plans to replace the Human Rights Act with a British Bill of Rights, this article argues that this is an opportunity to re-open the debate on how best to address the current political stalemate on a Northern Ireland Bill of Rights, an unfulfilled element of the Belfast/Good Friday Agreement. We argue that at a time when there is so much uncertainty about the protection and safeguarding of rights with a real risk of lesser rights for fewer people in the United Kingdom, more than ever is the need to provide an alternative to progress the Northern Ireland Bill of Rights. This article provides that alternative. The article is supported in its conclusions by a series of semi structured interviews with a range of key players involved in the Northern Ireland process and point to the pressing need for an alternative approach to a Bill of Rights for Northern Ireland.

Keywords: Brexit, Human Rights Act, British Bill of Rights, Northern Ireland Bill of Rights

Suggested Citation

Smith, Anne and McWilliams, Monica and Yarnell, Priyamvada Nellum Rose, Does Every Cloud Have a Silver Lining?: Brexit, Repeal of the Human Rights Act and the Northern Ireland Bill of Rights (December 1, 2016). Fordham International Law Journal, Vol. 40, No. 1, 2016; Transitional Justice Institute Research Paper No. 17-03. Available at SSRN: https://ssrn.com/abstract=2950586

Anne Smith (Contact Author)

Ulster University - Transitional Justice Institute ( email )

Ulster University
Northland Rd, Magee
Co. Derry, County Antrim BT48 7JL
Northern Ireland
44 28 71675154 (Phone)

HOME PAGE: http://www.transitionaljustice.ulster.ac.uk//staff_profiles/anne_smith.html

Monica McWilliams

Ulster University - Transitional Justice Institute ( email )

Jordanstown
Belfast, Northern Ireland BT370QB
Ireland
00442890368597 (Phone)

HOME PAGE: http://ssrn.com/author=2101330

Priyamvada Nellum Rose Yarnell

Ulster University - Transitional Justice Institute ( email )

Shore Road
Newtownabbey, County Antrim BT37 OQB
Northern Ireland

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