Law

Analysis of legal issues.

DUP must defy the High Court declaration-Principle demands it

DUP must defy the High Court declaration-Principle demands it

By Jamie Bryson The application brought by Sinn Fein activist Sean Napier (‘the applicant’) has helpfully brought matters to a head in relation to how the Protocol is causing political and societal difficulties to an undeniable standard. That Government Ministers are finding themselves having to act unlawfully out of principle is the clearest signal yet […]

A Constitutional Showdown- Unionism’s Protocol challenge reaches the Court of Appeal

A Constitutional Showdown- Unionism’s Protocol challenge reaches the Court of Appeal

By Jamie Bryson Introduction The ‘Protocol case’ is a challenge to the provisions of the Northern Ireland Protocol, given direct effect in domestic law via s7A of the Withdrawal Act 2018 (as amended by the 2020 Act). The applicants argue that the Protocol is unlawful on a number of grounds, which includes a challenge to […]

High Court rejects British citizenship challenge and reaffirms ‘decisive rejection’ of De Souza arguments

High Court rejects British citizenship challenge and reaffirms ‘decisive rejection’ of De Souza arguments

By Jamie Bryson On 24 September 2021 the High Court refused leave (finding all grounds of challenge unarguable) in an application by a nationalist Caoimhe Ni Chuinneagain, who sought to challenge the British Nationality Act 1981 which confers British citizenship from birth on those born in NI, an integral part of the United Kingdom. The […]

Unionism must resist the Court’s ‘bonfire guidance’ meddling

Unionism must resist the Court’s ‘bonfire guidance’ meddling

By Jamie Bryson On 21 September 2021 Horner J delivered his judgment in an application for Judicial Review which had been brought by nationalists, seeking interim injunctive relief, on 10th July 2021 in relation to a cultural celebration at Adam Street in North Belfast. This application is separate from the wholly unmeritorious parallel application brought […]

PSNI fail to investigate unlawful Relatives for Justice procession

PSNI fail to investigate unlawful Relatives for Justice procession

by Jamie Bryson  The lack of investigation into a procession held by republican group Relatives for Justice on 29 July 2021, when viewed in the light of the PSNI desperation to pursue peaceful loyalist protests, illuminates another example of two-tier policing. A group of republicans gathered in fancy dress at Stormont on 29 July 2021, […]

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 […]

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