FUNDAMENTAL RIGHTS IN THE CONSTITUTION OF NORTHERN IRELAND

Abstract

From a comparative standpoint, the limitations on the Parliament of the United Kingdom’s power over Northern Ireland and judicial interpretation of those limits exemplify how restricting the exercise of governmental power can protect certain fundamental rights. The author discusses those limitations and uses the “Home Rule Bills” to place Northern Ireland’s constitution in its historical setting. The legislative limitations on Northern Ireland’s Parliament and methods for determination of constitutional questions there are discussed and several cases that illustrate judicial attitudes and approaches to certain related matters are reviewed. It is revealed that Northern Ireland judges have been chiefly concerned with issues relating to protection of property, and the author explores how security in this area can be reconciled with other Parliamentary duties.