Northern / Irish Feminist Judgments

The Northern/Irish Feminist Judgments Project inaugurates a fresh dialogue on gender, legal judgment, judicial power and national identity in Ireland and Northern Ireland. Through a process of judicial re-imagining, the project takes account of the peculiarly Northern/Irish concerns in shaping gender through judicial practice. This collection, following on from feminist judgments projects in Canada, England and Australia takes the feminist judging methodology in challenging new directions. This book collects 26 rewritten judgments, covering a range of substantive areas. As well as opinions from appellate courts, the book includes fi rst instance decisions and a fi ctional review of a Tribunal of Inquiry. Each feminist judgment is accompanied by a commentary putting the case in its social context and explaining the original decision. The book also includes introductory chapters examining the project methodology, constructions of national identity, theoretical and conceptual issues pertaining to feminist judging, and the legal context of both jurisdictions. The book, shines a light on past and future possibilities - and limitations - for judgment on the island of Ireland.

'This book provides a rich and expansive addition to the feminist judgments catalogue. The ... judgments demonstrate powerfully how Northern/Irish judges have contributed to the gendered politics of national identity, and how the narrow subject-positions they have created for women and 'others' could have been so much wider and more open.'
Professor Rosemary Hunter, School of Law, Queen Mary University London.

'The Northern/Irish Feminist Judgments Project is inspirational reading for anyone interested in feminism or Irish studies ... It is a model of how to conduct feminist enquiry. Its most innovative contribution to scholarship and politics is how the rewriting of landmark legal judgments from a feminist perspective allows us to imagine (and therefore begin to construct) a more egalitarian, a more just, future.'
Associate Professor Katherine O'Donnell, School of Philosophy, University College Dublin.

• If you let it, this book will make you think. ... It made me think - it reminded me, I suppose - that legal writing can be wonderful: rigorous, creative, deeply observant, provocative. Read it and see what it makes you think.*
  Professor Thérèse Murphy, School of Law, Queen's University Belfast

Auteur

Máiréad Enright is a Senior Lecturer at Birmingham Law School.
Julie McCandless is Assistant Professor at the Law Department of the London School of Economics and Political Science.
Aoife O'Donoghue is a Senior Lecturer at Durham Law School.

Contenu

PART I: INTRODUCTION
1. Introduction: Troubling Judgment
Julie McCandless, Máiréad Enright and Aoife O'Donoghue
2. 'Involuntary Patriotism': Judgment, Women and National Identity on the Island of Ireland
Máiréad Enright
3. Doing Feminist Judgments
Mary Shine Thompson
4. Judging and the Judgment Writing Process: A Northern/Irish Perspective
Aoife O'Donoghue

PART II: MOTHERING SUBJECTS
5. McGee v Attorney General
Commentary: Emilie Cloatre and Máiréad Enright
Judgment: Máiréad Enright
6. Flynn v Power
Commentary: Deirdre McGowan
Judgment: Eoin Daly
7. MhicMhathúna v Attorney General
Commentary: Colm O'Cinnéide
Judgment: Liam Thornton
8. Matrimonial Homes Bill
Commentary: Louise Crowley
Judgment: Lucy-Ann Buckley
9. National and Provincial Building Society v Lynd
Commentary: David Capper
Judgment: Lorna Fox O'Mahony
10. The Report of the Tribunal of Inquiry into the 'Kerry Babies Case'
Commentary: Yvonne Marie Daly
Judgment: Vicky Conway

PART III: OTHERED SUBJECTS
11. McGimpsey v Ireland
Commentary: Ruth Alice Houghton
Judgment: Aoife O'Donoghue
12. In Re White
Commentary: Carmel Roulston
Judgment: Catherine O'Rourke
13. Lobe v Minister for Justice, Equality and Law Reform
Commentary: Hilkka Becker
Judgment: Siobhán Mullally and Cliodhna Murphy
14. Zappone and Gilligan v The Revenue Commissioners, Ireland and the Attorney General
Commentary: Siobhán Wills and Máiréad Enright
Judgment: Fiona de Londras
15. In Re E (a child) (the 'Holy Cross' case)
Commentary: Christine Bell FBA
Judgment: Colin Murray
16. *O'Keeffe v Hickey
Commentary: Laura Hilly
Judgment: Maeve O'Rourke*
17. *Christian Brothers High School Clonmel v Mary Stokes and the Equality Authority
Commentary: Claire Bruton
Judgment: Olivia Smith
*
PART IV: CHOOSING SUBJECTS
18. Attorney General v X
Commentary: Sheelagh McGuinness
Judgment: Ruth Fletcher
19. North Western Health Board v HW and CW (the PKU case)
Commentary: Donal Coffey
Judgment: Maebh Harding
20. *PM v The Board of Management of St Vincent's Hospital andJustin Geoghegan and the Attorney General
Commentary: Claire Murray
Judgment: Mary Donnelly*
21. *Re Family Planning Association of Northern Ireland v The Minister for Health, Social Services and Public Safety
Commentary: Sara Ramshaw
Judgment: Kathryn McNeilly*
22. *Society for the Protection of Unborn Children's Application for Judicial Review
Commentary: John Kennedy
Judgment: Claire McCann
*
PART V: EMBODIED SUBJECTS
23. DPP v Tiernan
Commentary: Liz Campbell
Judgment: Louise Kennefi ck and Caroline Fennell
24. McKinley v Minister for Defence
Commentary: Fergus Ryan
Judgment: Joanne Conaghan
25. BJM v CM
Commentary: Christine Ryan
Judgment: Aideen Ryan and Katie Dawson
26. DPP v C
Commentary: Anna Arstein-Kerslake
Judgment: Eilionóir Flynn and Sinéad Ring
27. CC v Ireland
Commentary: Cian Ó Concubhair
Judgment: David Prendergast
28. Foy v Ant-Ard Chláraitheoir
Commentary: Ivana Bacik
Judgment: Tanya Ní Mhuirthile
29. Barnes v Belfast City Council
Commentary: Fiona Cooke
Judgment: Marie Fox
30. A and B (by C) v A (Health and Social Services Trust)
Commentary: Marian Duggan
Judgment: Julie McCandless