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Exploring the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 (Part 2)

Exploring the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 (Part 2)
Published on: 28 November 2018
Published by: LexisPSL
  • Exploring the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 (Part 2)
  • Original news
  • What is the background to the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018 and why is the legislation required?
  • What is the legal and constitutional basis for this legislation? Why was it fast tracked?
  • What are the key provisions? Are there any grey areas?
  • What are the key legal and constitutional issues? Does the legislation address or clarify any matters raised in Buick?
  • Is the arrangement (or acts/decisions made under it) vulnerable to judicial review? Is the position clear for potential judicial review applicants?
  • What does this legislation mean for public accountability and decision-making in Northern Ireland?
  • Does this legislation change or clarify the role of Northern Ireland in the negotiations and preparations for Brexit?
  • What are the next steps, including key dates?

Article summary

Public Law analysis: In the second of two-part series on the Northern Ireland (Executive Formation and Exercise of Functions) Act 2018, professor Mike Gordon at Liverpool Law School, the University of Liverpool, explains why it not only raises democratic questions about the authority of civil servants in Northern Ireland, but also about the power of the UK government in relation to providing guidance concerning the exercise of devolved functions in the public interest. or take a trial to read the full analysis.

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