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Judges, Transition, and Human Rights$
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John Morison, Kieran McEvoy, and Gordon Anthony

Print publication date: 2007

Print ISBN-13: 9780199204939

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199204939.001.0001

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Litigating the Agreement: Towards a New Judicial Constitutionalism for the UK from Northern Ireland?

Litigating the Agreement: Towards a New Judicial Constitutionalism for the UK from Northern Ireland?

Chapter:
(p.105) 7 Litigating the Agreement: Towards a New Judicial Constitutionalism for the UK from Northern Ireland?
Source:
Judges, Transition, and Human Rights
Author(s):

John Morison

Marie Lynch

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199204939.003.0007

This chapter is concerned with the impact of the Belfast Agreement on judicial constitutionalism in Northern Ireland. The Agreement has introduced a new constitutional landscape because of its unusual basis in rights, equality, and partnership. The chapter highlights the importance of the Northern Ireland constitution for the wider British constitutional context and suggests that the anti-foundationalist foundations of the Northern Ireland constitution can perhaps indicate how a new, post-Diceyean constitution might develop beyond the sovereignty mode.

Keywords:   Belfast Agreement, judicial constitutionalism, Northern Ireland, Great Britain, constitution

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