Does Every Cloud Have a Silver Lining?: Brexit, Repeal of the Human Rights Act and the Northern Ireland Bill of Rights

Anne Smith, Monica McWilliams, Priyamvada Yarnell

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Abstract

Following the Brexit referendum in the United Kingdom and theConservative’s plans to replace the Human Rights Act with a BritishBill of Rights, this article argues that this is an opportunity to re-openthe debate on how best to address the current political stalemate on aNorthern Ireland Bill of Rights, an unfulfilled element of theBelfast/Good Friday Agreement. We argue that at a time when thereis so much uncertainty about the protection and safeguarding ofrights with a real risk of lesser rights for fewer people in the UnitedKingdom, more than ever is the need to provide an alternative toprogress the Northern Ireland Bill of Rights. This article providesthat alternative. The article is supported in its conclusions by a seriesof semi-structured interviews with a range of key players involved inthe Northern Ireland process and point to the pressing need for analternative approach to a Bill of Rights for Northern Ireland.
Original languageEnglish
Article number3
Pages (from-to)79-130
Number of pages52
JournalFordham International Law Journal
Volume40
Issue number1
Early online date31 Jan 2016
Publication statusPublished - 31 Jan 2016

Keywords

  • BREXIT
  • REPEAL OF THE HUMAN RIGHTS ACT
  • THE NORTHERN IRELAND BILL OF RIGHTS

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