header-logo header-logo

14 June 2018 / Brice Dickson
Issue: 7797 / Categories: Opinion , Human rights
printer mail-detail

Supreme pragmatism

nlj_7797_dickson

Brice Dickson analyses the challenge to Northern Ireland’s abortion law

Last week, in In the matter of an application by the Northern Ireland Human Rights Commission for Judicial Review [2018] UKSC 27, [2018] All ER (D) 28 (Jun) the Supreme Court issued its longest ever set of judgments in a single case. They ran to some 56,000 words, with Lord Kerr’s judgment alone being 24,000 words. The Commission was challenging Northern Ireland’s abortion law, arguing that it violates women’s rights under Arts 3, 8 and 14 of the European Convention of Human Rights (the Convention) because it does not permit abortions even in cases of serious foetal abnormality, rape or incest.

The initial hurdle for the Commission, which it successfully overcame in the High Court and Court of Appeal of Northern Ireland, was whether it was legally entitled to bring the case in the first place. The Commission was not of course a victim of the current law but it wanted to test the law’s compliance with the Convention on behalf of everyone in Northern Ireland who was or could be a victim.

In 2002 the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll