{"title":"Promoting (religious and political) diversity through legislation in Northern Ireland","authors":"Ronan Cormacain","doi":"10.1080/20508840.2021.1896255","DOIUrl":null,"url":null,"abstract":"ABSTRACT Northern Ireland is a society which has suffered communal strife for decades, a result of divergent political and religious identities. Since the Good Friday Agreement in 1998, the violence associated with this tension has receded. This article looks at some of the different areas where there has been inter-communal conflict: political structures, elections, policing, language, employment and treatment of victims. It identifies the solutions and identifies the tools to implement those solutions. Legislation has been used as a tool of choice to regulate that diversity, to provide protection and to solve problems resulting from that diversity. Legislation is not the inevitable tool to use, softer forms of regulation are also available. There are two suggested reasons for the reliance upon legislation. Firstly, in the absence of trust between political parties, legislation offers an enforceable solution which is legally binding upon all parties. Secondly, legislation can be seen as a concrete and tangible achievement.","PeriodicalId":42455,"journal":{"name":"Theory and Practice of Legislation","volume":null,"pages":null},"PeriodicalIF":1.5000,"publicationDate":"2021-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20508840.2021.1896255","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Theory and Practice of Legislation","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20508840.2021.1896255","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 0
Abstract
ABSTRACT Northern Ireland is a society which has suffered communal strife for decades, a result of divergent political and religious identities. Since the Good Friday Agreement in 1998, the violence associated with this tension has receded. This article looks at some of the different areas where there has been inter-communal conflict: political structures, elections, policing, language, employment and treatment of victims. It identifies the solutions and identifies the tools to implement those solutions. Legislation has been used as a tool of choice to regulate that diversity, to provide protection and to solve problems resulting from that diversity. Legislation is not the inevitable tool to use, softer forms of regulation are also available. There are two suggested reasons for the reliance upon legislation. Firstly, in the absence of trust between political parties, legislation offers an enforceable solution which is legally binding upon all parties. Secondly, legislation can be seen as a concrete and tangible achievement.
期刊介绍:
The Theory and Practice of Legislation aims to offer an international and interdisciplinary forum for the examination of legislation. The focus of the journal, which succeeds the former title Legisprudence, remains with legislation in its broadest sense. Legislation is seen as both process and product, reflection of theoretical assumptions and a skill. The journal addresses formal legislation, and its alternatives (such as covenants, regulation by non-state actors etc.). The editors welcome articles on systematic (as opposed to historical) issues, including drafting techniques, the introduction of open standards, evidence-based drafting, pre- and post-legislative scrutiny for effectiveness and efficiency, the utility and necessity of codification, IT in legislation, the legitimacy of legislation in view of fundamental principles and rights, law and language, and the link between legislator and judge. Comparative and interdisciplinary approaches are encouraged. But dogmatic descriptions of positive law are outside the scope of the journal. The journal offers a combination of themed issues and general issues. All articles are submitted to double blind review.