The Northern Ireland Executive: politics, law and a rethink of judicial intervention

Abstract

The Northern Ireland Executive, comprising devolved Northern Ireland ministers and the Executive Committee, has had a long history of being successfully sued in the Northern Ireland courts, both by individual litigants and Executive members themselves. This history demonstrates, at times, a flagrant disregard for legal duties and the rules of proper administration, which, in Northern Ireland, subserve polarised and controversial political interests and priorities of the parties which comprise the Executive. However, when examining the case law, the Northern Ireland courts approach the question of judicial intervention in the same way as they would any other government. This sometimes leads to judicial restraint in granting relief, even in the face of intransigent and arguably bad faith behaviour by ministers or the Executive Committee, as two recent cases demonstrate.In this article I explore the nature and operations of the Northern Ireland Executive, distinguishing it from other governments in the UK. Using this backdrop, I next critically evaluate two recent judgments of the Northern Ireland High Court which exemplify the existing (and limited) judicial approach in the face of Executive lawlessness. I contrast these judgments with two earlier judgments which I argue set out a better approach to remedying Executive lawlessness. Finally, I build on the approach found in these earlier judgments to set out a tentative framework for judicial intervention in and remedy of Executive lawlessness.