Full Description
Law in Northern Ireland is the essential textbook for all students of Northern Ireland's legal system. Changes to this new edition - some of them substantial - have been made to every section, taking full account of five years of developments. The book explores the evolution of law-making in Northern Ireland before going on to explain the relevant constitutional arrangements, how to identify and interpret applicable sources of law, and the fundamental rules and principles of public law, criminal law and private law, highlighting where appropriate what may be unusual about them. It contextualises the myriad of legal institutions operating in the jurisdiction, sets out how criminal and civil proceedings work in practice and provides useful information on how people become lawyers, what lawyers actually do once they become qualified and how the legal system is funded. The appendices set out some sample sources of law so that readers can familiarise themselves with what is involved in handling legal documents. The language throughout is accessible and there are Tables of Cases and Legislation, as well as a comprehensive index.
Contents
Ch 1 The Evolution of Law-Making in Northern Ireland1.1 Introduction1.2 Brehon Law1.5 Common Law1.7 Parliaments1.9 The Creation of Northern Ireland1.12 The Stormont Parliament1.16 Direct Rule1.18 The Troubles1.22 Efforts to Restore Devolution1.27 The Belfast (Good Friday) Agreement 19981.30 Implementing the Good Friday AgreementCh 2 Constitutional Law in Northern Ireland2.1 The United Kingdom's Constitution2.3 The Rule of Law2.7 Parliamentary Sovereignty2.12 Separation of Powers2.14 Constitutional Acts2.16 The United Kingdom Parliament2.19 The Northern Ireland Affairs Committee2.20 The Status of Northern Ireland2.25 The Northern Ireland Assembly2.33 The Northern Ireland Executive2.39 The Pledge of Office and Codes of Conduct2.44 Assembly Committees2.46 North-South and East-West Bodies2.50 The Northern Ireland Office2.52 The Civil Service2.54 Local GovernmentCh 3 Legislation in Northern Ireland3.1 The Two Sources of Law3.3 Basic Principles Relating to Legislation3.5 Acts of the UK Parliament3.10 How Acts of Parliament are Made3.15 The Form of Acts of Parliament3.16 Secondary Legislation3.18 Acts of the Northern Ireland Assembly3.23 Orders in Council3.32 Statutory Instruments3.35 Statutory Rules3.40 How Secondary Legislation is Made3.45 Further Controls on Secondary Legislation3.50 Prerogative Legislation3.52 Other Legal Documents3.54 How to Find Legislation 3.57 Legislation on the Internet3.61 Printed Volumes3.66 Law Reform Ch 4 Courts and Case Law in Northern Ireland4.1 Introduction4.2 Courts in Ireland before 19214.6 The Court of Judicature of Northern Ireland4.9 The Judiciary in Northern Ireland4.10 Justices of the Supreme Court4.15 Judges of the Superior Courts4.20 Judges of the Inferior Courts4.25 Masters and Clerks4.28 Members of Tribunals4.33 T he Judicial Appointments Commission4.36 Conflicts of Interest and Immunity from Suit 4.39 Court Inspections4.40 Basic Principles Relating to Case Law4.42 How Courts Interpret Legislation4.44 How to Find Case Law4.45 Case Law on the Internet4.49 Printed Law ReportsCh 5 International Law in Northern Ireland5.1 International Law5.6 Treaties5.9 Other Sources of International Law5.10 European Union Law5.23 The EU Charter of Fundamental Rights5.24 The Court of Justice of the European Union5.33 Other EU Courts5.36 How to Find EU Law5.38 The European Convention on Human Rights5.44 The Convention's Impact on Law in Northern IrelandCh 6 Public Law in Northern Ireland6.1 Public Law and Private Law6.3 Public Authorities6.5 Administrative Law and Judicial Review6.12 The Ombudsman6.22 Human Rights Law6.28 The Northern Ireland Human Rights Commission6.32 Coroners' Courts6.40 The Parades Commission6.45 The Information Commissioner's Office6.47 Equality Law and the Equality Commission6.62 The Commissioner for Children and Young People6.64 The Commissioner for Older People6.66 Welfare Law6.82 Housing Law6.86 Planning LawCh 7 Criminal Law in Northern Ireland7.1 Introduction7.2 The Department of Justice7.5 General Principles of Criminal Law7.14 Criminal Offences7.26 Anti-terrorism Law7.36 Levels of Crime7.41 Paramilitary Crime7.43 The Police Service7.54 Bodies Overseeing the Police7.69 The Prison Service7.85 The Probation Service7.89 Services for Victims7.95 Other Criminal Justice Bodies Ch 8 Criminal Proceedings in Northern Ireland8.1 Introduction8.2 Summary and Indictable Offences8.5 Starting Criminal Proceedings8.16 The Rights of Arrested Persons8.26 Bail and Remand8.34 The Prosecution System8.43 Summary Trials8.62 Committal Proceedings8.66 Trials on Indictment8.82 Children and Criminal Justice8.99 T he Law of EvidenceCh 9 Private Law in Northern Ireland9.1 Branches of Private Law9.2 Land Law9.20 T rust Law9.24 Succession Law9.36 Contract Law9.49 Consumer Law9.62 Commercial Law9.67 Company Law9.74 Tort Law9.82 Compensation for Criminal Offences9.93 Employment Law9.117 Family Law9.128 Child LawCh 10 Civil Proceedings in Northern Ireland10.1 The Nature of Civil Proceedings10.2 Civil Proceedings in a Magistrates' Court10.8 Small Claims Courts10.15 Civil Proceedings in a County Court10.23 Proceedings in the High Court10.36 Enforcing Civil JudgmentsCh 11 Lawyers in Northern Ireland11.1 Introduction11.2 Law Officers11.8 Solicitors11.18 Barristers11.26 Legal Education11.31 State Help With Legal Costs11.33 Legal Advice and Assistance11.39 A ssistance By Way of Representation 11.41 Civil Legal Aid11.46 Criminal Legal Aid11.51 T he Northern Ireland Legal Services Commission11.55 Legal Costs11.59 Costs in Criminal Proceedings11.65 Costs in Civil ProceedingsAPPENDIX 1Civil Aviation Act 2012 (Table of Contents)APPENDIX 2Presumption of Death Act (NI 2009) (extracts)APPENDIX 3Northern Ireland Policing Board (NI) Order 2007APPENDIX 4Misuse of Drugs (Amendment) Regulations (NI) 2010APPENDIX 5Robinson (Iris) v Sunday Newspapers Ltd (2011)
