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12 June 2026
Issue: 8165 / Categories: Legal News , Human rights , Public , Constitutional law
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NLJ this week: Legacy Act ruling leaves rights and remedies apart

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© 2017 JMiks/Shutterstock
The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised

Writing in NLJ this week, Andrew Otchie of 12 Old Square Chambers analyses the court’s ruling on the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.

The judgment confirmed that investigations into alleged unlawful killings and torture must remain capable, at least in principle, of leading to criminal accountability. However, while the court found aspects of the statutory scheme incompatible with the European Convention on Human Rights, it stopped short of disapplying the legislation, issuing only a declaration of incompatibility.

Otchie argues that the decision reflects a constitutional balancing act between judicial oversight and parliamentary sovereignty. The result is a judgment that preserves demanding rights standards while limiting their immediate practical effect. As he notes, Dillon sits at the intersection of 'truth and accountability' and legislative control.

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The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised
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