In the Matter of an Application by Evelyn White for Judicial Review [2000] NI 432, [2004] NICA 1

The feminist judgment re-visits the 2000 judgment of the Northern Ireland High Court, which determined that the failure of the Secretary of State to appoint any women to the Northern Ireland Parades Commission was consistent with his obligation to appoint a Commission that was 'representative of the community in Northern Ireland, as far as practicable'. The feminist judgment takes issue, in particular, with the characterisation of 'representative of the community' as referring only to the two sectarian blocs, in the context of parading. The judgment offers an alternative and more nuanced understanding of 'community' in the Northern Irish context, reviewing the participation of women in parading in Northern Ireland and investigating the ways that gender and ethnic identity are co-constituted and not discrete. The judgment further challenges the Secretary of State's ultra vires replacement of the 'representative of the community' requirement with the narrower requirement of 'religious balance'. Finally, the judgment contextualises the failure to appoint any women to the Northern Ireland Parades Commission within the broad under-representation of women in Northern Irish public life.