Foreword
The expectations of my predecessor, Lord Kerr, about the value that the first edition of this work would have for practitioners and academics in this field have proved entirely well founded.
The analysis of the development of legal principles through the Northern Ireland cases in particular has continued in this edition. The constitutional arrangements for devolution continue to find expression in litigation and are further addressed.There are three particular areas which I would like to pick out for special mention. The concept of proportionality was introduced to our domestic law upon the United Kingdom’s entry to Europe in 1972. It received a considerable boost in its domestic importance with the implementation of the Human Rights Act 1998. The extent to which this imposes on the courts an evaluative judgment approximating to merits review has been the subject of ongoing controversy and the topic is further explored in this work in light of recent case law in the Supreme Court.
The second area I wish to highlight also has a European theme. The Charter of Fundamental Rights of the European Union is now enforceable in a wide range of areas where EU law has domestic effect. The applicability of these provisions will take some time to develop but in this work the importance of the recent cases in this area is explored.
The third area concerns remedies. This is an aspect of public law that has been the subject of examination as a matter of law reform and academic research. The treatment within this edition of the developing case law will undoubtedly be of value.
This work has added considerably to the accessibility of public law debate in this jurisdiction. The careful marshalling of new material ensures that this edition will be an invaluable research tool for all involved in this area. Those of us who take an interest in public law owe a debt of gratitude to the author.
Rt Hon Sir Declan Morgan, Lord Chief Justice of Northern Ireland