Law

Analysis of legal issues.

EDITORIAL: The politicisation and deference to the PSNI displayed by the High Court should concern us all

EDITORIAL: The politicisation and deference to the PSNI displayed by the High Court should concern us all

By Jamie Bryson On Monday (5 July 2021) a remarkable judgment was issued in Belfast’s High Court. When I say ‘remarkable’, it was not so for its wider significance, but rather because it illuminated how an infectious culture of both deference to unsubstantiated claims of the PSNI, and associated political considerations, have come to pervade […]

OPINION: There is a fatal flaw at the heart of Justice Colton’s Protocol judgment

OPINION: There is a fatal flaw at the heart of Justice Colton’s Protocol judgment

By Jamie Bryson It is an unlawful use of the prerogative power to deploy it in a manner which is contrary to primary legislation. That is an elementary proposition, re-stated at paragraph 55 of Miller (1). It is beyond dispute. Colton J found that the Act of Union conflicted with the Protocol. Therefore, by the […]

Analysis: Political judgment forces Unionism to confront the destructive nature of the Union-dismantling ‘process’

Analysis: Political judgment forces Unionism to confront the destructive nature of the Union-dismantling ‘process’

By Jamie Bryson The controversial ruling came to a highly questionable decision on the unprecedented question as to whether the general provisions within a more recent constitutional statute can impliedely repeal an earlier constitutional statute. With virtually no guiding case law as authority for the answer, Mr Justice Colton nevertheless ruled that the Act of […]

OPINION: PUL community should not countenance amendments or changes to the Protocol, it must be completely eradicated

OPINION: PUL community should not countenance amendments or changes to the Protocol, it must be completely eradicated

By Jamie Bryson @JamieBrysonCPNI There has been a worrying narrative developing in relation to the NI Protocol (‘NIP’), namely that it would be acceptable for it to be ‘amended’ or ‘changed’. This is to either completely misunderstand or deliberately ignore the fundamental core of the NIP. The NIP has two distinct issues. There is the […]

Political Expediency Shouldn’t Trump Devolution- why the forced ‘abortion’ regulations are bad for NI- By Libby Wells

Political Expediency Shouldn’t Trump Devolution- why the forced ‘abortion’ regulations are bad for NI- By Libby Wells

By Libby Wells Today, the Abortion (NI) Regulations 2021 come into effect. Regardless of your stance on abortion, if you welcome Westminster devolving powers to Northern Ireland, Scotland and Wales, then you should be concerned about the impact of this otherwise controversial piece of subordinate legislation. At its simplest, the 2021 regs amend the Northern […]

EDITORIAL: Why Unionism and Loyalism must withdraw all support for the PSNI in defence of the rule of law

EDITORIAL: Why Unionism and Loyalism must withdraw all support for the PSNI in defence of the rule of law

By Jamie Bryson  The DUP leader and First Minister Arlene Foster has finally arrived at the realisation that the Chief Constable’s position is “untenable”. She has accordingly called for his resignation. The Chief Constable has refused. The DUP are now bound by their own logic; policing is so discredited, so biased and so politically motivated […]

ANALYSIS: The PSNI timeline exposing their collusion with republicans in advance of facilitating IRA Storey funeral

ANALYSIS: The PSNI timeline exposing their collusion with republicans in advance of facilitating IRA Storey funeral

By Jamie Bryson The Director of Public Prosecutions (‘DPP’) issued an extensive statement seeking to explain his perverse and politically motivated decision to effectively grant blanket immunity to all those who participated in the IRA show of strength at the funeral of Bobby Storey. Naturally when it came to a family funeral in East Belfast, […]

Legal action seeking to compel the Secretary of State to declare loyalist ceasefires over has no basis in law

Legal action seeking to compel the Secretary of State to declare loyalist ceasefires over has no basis in law

By Jamie Bryson Last week it was announced that an unnamed individual was to bring legal action against the Secretary of State if he refused to declare loyalist ceasefires over, and further suspend the licences of all those released under the Belfast Agreement. A solicitor for her legal firm, McIvor Farrell, said: “Loyalist paramilitary organisations […]