Partition by Degrees: Routine Exceptions in Border and Immigration Practice Between the UK and Ireland, 1921–1972

Journal of Law and Society, 2020

19 Pages Posted: 16 Jul 2020

See all articles by C. R. G. Murray

C. R. G. Murray

Newcastle University - Newcastle Law School

Daniel Wincott

Cardiff University

Multiple version iconThere are 2 versions of this paper

Date Written: June 23, 2020

Abstract

Using archival materials we reflect on the legal process of creating (and mitigating) a border in Ireland after partition in 1922 and interactions between those laws and the people they affected. After 1922 superficially durable exceptions developed to the territorial state’s distinctions between citizens and foreign nationals under the aegis of the Common Travel Area. They survived the 1930s UK-Ireland “Economic War”, were sustained (if in a restricted form) during the Second World War and rebuilt in its aftermath. These arrangements proved beneficial for both countries, providing an outlet for surplus labour for Ireland and a resource for the UK economy. We nonetheless explore how far practice reflected this overarching cooperative framework, particularly given the complications introduced by the policies of Northern Ireland’s institutions.

Keywords: Partition, Ireland, Northern Ireland, Common Travel Area, Trade

Suggested Citation

Murray, C. R. G. and Wincott, Daniel, Partition by Degrees: Routine Exceptions in Border and Immigration Practice Between the UK and Ireland, 1921–1972 (June 23, 2020). Journal of Law and Society, 2020, Available at SSRN: https://ssrn.com/abstract=3633759 or http://dx.doi.org/10.2139/ssrn.3633759

C. R. G. Murray (Contact Author)

Newcastle University - Newcastle Law School ( email )

Newcastle upon Tyne, NE1 7RU
United Kingdom

HOME PAGE: http://www.ncl.ac.uk/nuls/staff/profile/colin.murray

Daniel Wincott

Cardiff University ( email )

Aberconway Building
Colum Drive
Cardiff, Wales CF10 3EU
United Kingdom

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