1. Protest and Proportionality in the Supreme Court: A Significant 'Preliminary Issue'.
- Author
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Sage, Rebecca
- Subjects
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APPELLATE courts , *CONSTITUTIONAL courts , *LEGAL documents , *PUBLIC demonstrations ,EUROPEAN Convention on Human Rights - Abstract
Having considered the judgments of the Divisional Court and Supreme Court in I Ziegler i , the Supreme Court in the I Northern Ireland Reference i was clear: the dictum at para 59 of the Supreme Court's judgment in I Ziegler i did not establish a universal rule. 1. In I Reference by the Attorney General for Northern Ireland - Abortion Services (Safe Access Zones) (Northern Ireland) Bill i ,[1] the Supreme Court considered whether an offence created by cl 5(2)(a) of the Abortion Services (Safe Access Zones) (Northern Ireland) Bill ("the Bill") was within the competence of the Northern Ireland Assembly. The parties' submissions on proportionality centred on the decision of the Supreme Court in I Ziegler i and of the Divisional Court in I Cuciurean i . In I Cuciurean i , the Court observed that the Supreme Court in I Ziegler i expressed its reasoning solely in the context of the lawful excuse defence to a charge under s 137 of the Highways Act 1980. [Extracted from the article]
- Published
- 2023
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