The House of Lords and the Northern Ireland Conflict - a Sequel

35 Pages Posted: 8 May 2006

See all articles by Brice Dickson

Brice Dickson

Queen's University Belfast - School of Law

Abstract

This article begins by commenting on an analysis undertaken by the late Stephen Livingstone of 13 cases relating to the troubles in Northern Ireland decided by the House of Lords between 1969 and 1993. It then attempts to repeat the analysis in respect of 12 such cases decided between 1994 and 2005. Areas of law arising for consideration during both periods include the rules on the use of lethal force, aspects of substantive criminal law and criminal procedure and the rights of persons arrested or imprisoned. The more recent cases also raise fundamental questions concerning the status and meaning of the Good Friday Agreement of 1998. The article concludes that there has been a sea-change in the way the Law Lords have handled the Northern Irish cases. From treating them in a way which might have suggested a built-in bias in favour of police, army and government perspectives, they have moved to analysing the competing arguments in the light of more modern approaches to statutory interpretation, the rule of law and human rights.

Suggested Citation

Dickson, Brice, The House of Lords and the Northern Ireland Conflict - a Sequel. Modern Law Review, Vol. 69, No. 3, pp. 383-417, May 2006. Available at SSRN: https://ssrn.com/abstract=899654 or http://dx.doi.org/10.1111/j.1468-2230.2006.00589.x

Brice Dickson (Contact Author)

Queen's University Belfast - School of Law ( email )

School of Law
Belfast BT7 1NN, BT7 1NN
Ireland
+44 028 9097 3456 (Phone)
+44 028 90973376 (Fax)

HOME PAGE: http://www.law.qub.ac.uk/staff/bdickson.html

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