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10 April 2008 / Seamus Burns
Issue: 7316 / Categories: Features , Local government , Public , Legal services
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Paisley's legacy

How will the fledgling Northern Ireland Assembly fare post Paisley? asks Seamus Burns

The recent announcement by Ian Paisley that he was resigning his dual leadership roles, as First Minister of the Northern Ireland Executive and as Democratic Unionist Party (DUP) leader, almost a year after the restoration of a devolved power-sharing Assembly based in Stormont, Belfast, is perhaps an apposite time to assess the successes of the latest (hopefully permanent) attempt at devolving law-making powers to a region in the UK, and also to evaluate the robustness of institutionalised power-sharing as it meets the myriad challenges confronting the fledgling Assembly.
 
A Working Assembly

Since the Assembly's latest resurrection and reincarnation last May, the Assembly members (MLAs) have been exercising their new-found law-making powers to pass primary legislation under the Northern Ireland Act 1998 (NIA 1998)—effectively the written constitution of Northern Ireland.

Areas that the Assembly has no jurisdiction to legislate on—excepted matters—are defined fully in NIA 1998, Sch 2 and include: the Crown; the UK Parliament; Parliamentary elections;

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MOVERS & SHAKERS

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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