Christopher McCrudden | Queen's University Belfast (original) (raw)

Papers by Christopher McCrudden

Research paper thumbnail of Human Rights Theory and Comparative International Law Scholarship

Oxford Scholarship Online, 2018

An account of what we know about the use by domestic courts of international human rights law is ... more An account of what we know about the use by domestic courts of international human rights law is identified, based on the findings in this volume and earlier work on the use of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). From that, three aspects of the domestic functions of international human rights treaties are tentatively identified as particularly significant: international human rights law is only partly internationally-directed; domestic courts very seldom appear to be acting as ‘agents’ of international human rights law; and ‘human dignity’ (sometimes by itself, sometimes alongside ‘autonomy’ and ‘equality’) acts as an important meta-principle in the domestic use of international human rights law. The implications these functions have for normative theorising about human rights, in particular practice-dependent theories of human rights, is considered, and a theory of human rights law consistent with this practice is identified.

Research paper thumbnail of Buying Social Justice: Equality, Government Procurement, & Legal Change

OUP Catalogue, 2007

... countries. However, one of the most important develop-ments in the last fifty years in procur... more ... countries. However, one of the most important develop-ments in the last fifty years in procurement regulation has been the push for reform of public procurement to make it more efficient, less expensive, and more transpar-ent. In ...

Research paper thumbnail of The Franchise in Irish Unification Referendums

Irish Studies in International Affairs, 2021

The Belfast / Good Friday Agreement provides that it is for the people of the island of Ireland a... more The Belfast / Good Friday Agreement provides that it is for the people of the island of Ireland alone, by agreement between the two parts respectively and without external impediment, to exercise their right of self-determination on the basis of consent, freely and concurrently given, north and south. Assuming a referendum in each jurisdiction, who should be allowed to vote? Whether a constitutional amendment or replacement referendum is used in the south, the franchise is likely to be that already stipulated in the existing Constitution. The franchise for the referendum in the north is far less

Research paper thumbnail of Religion and Education in Northern Ireland: Voluntary Segregation Reflecting Historical Divisions

Social Science Research Network, Jun 22, 2012

ABSTRACT Since the foundation of Northern Ireland (‘NI’) in 1920, the issue of control over prima... more ABSTRACT Since the foundation of Northern Ireland (‘NI’) in 1920, the issue of control over primary and secondary education has been a source of significant tension between its two main ethno-religious communities as well as between each and the NI government. Education in Northern Ireland is organised differently compared with the rest of the United Kingdom and several of its ‘unique features’ arise out of the particular form of its political and religious sensitivities concerning education. This chapter is structured as follows. First, I shall outline the features of the governance of education in the NI model. Secondly, I shall attempt to explain briefly why these features came about. Thirdly, I shall consider research that has attempted to understand the effects of the model on the religious background of pupils in different schools. Fourthly, I shall address the role of teachers in this model. Fifthly, I shall consider issues relating to curriculum and collective worship. Sixthly, the crucial issue of school funding will be examined. Finally, I shall consider the prospects for the model in the future by considering pupil opinion on the structure of schooling and I shall explain how this model relates to political developments in Northern Ireland generally.

Research paper thumbnail of Good Faith and Sincere Co-operation

Cambridge University Press eBooks, Feb 3, 2022

Good Faith and Sincere Cooperation christopher mccrudden 8.1 Introduction The Withdrawal Agreemen... more Good Faith and Sincere Cooperation christopher mccrudden 8.1 Introduction The Withdrawal Agreement (WA) has several common provisions which set out various obligations as to how the WA (and the Protocol as an integral part of the WA) is to be interpreted and applied. Among these are the duty of 'good faith' and the duty of 'sincere cooperation', which feature in Article 5 WA. This provides, in part, that the EU and the UK 'shall, in full mutual respect and good faith, assist each other in carrying out tasks which flow from this Agreement'. In addition, Article 5 provides that this obligation of good faith 'is without prejudice to the application of Union law pursuant to this Agreement, in particular the principle of sincere cooperation'. 8.2 How to Approach the Interpretation of Article 5 WA? 'Good faith' is a general principle of international law, 1 including international trade law, 2 and is explicitly included in Article 26 of the Vienna Convention on the Law of Treaties (VCLT). 3 What appear to be somewhat equivalent concepts feature in other specifically European agreements. Article 4(3) of the Treaty on European Union (TEU) applies the duty of 'sincere cooperation' (sometimes referred to as the principle of 'loyalty') to member states and the EU in the application of the EU Treaties. 4 Article 3 of the European Economic Area (EEA) Agreement applies what the Court of the European Free Trade Association (EFTA 1 Robert Kolb, Good Faith in International Law (Hart 2017). 2 Marion Panizzon, Good Faith in the Jurisprudence of the WTO: The Protection of Legitimate Expectations, Good Faith Interpretation and Fair Dispute Settlement (Hart 2006). 3 'Every treaty in force is binding upon the parties to it and must be performed by them in good faith.' 4 It states: 92

Research paper thumbnail of Miller and Northern Ireland: A Critical Constitutional Response

Research paper thumbnail of CEDAW in National Courts

Oxford University Press eBooks, Jan 18, 2018

This chapter presents the methodology and findings of a comparative international law study of na... more This chapter presents the methodology and findings of a comparative international law study of national judicial use of the Convention on the Elimination of All Forms of Discrimination Against Women, one of the key human rights covenants that go to make up what has been called the international Bill of Rights. The chapter is structured as follows. Section II presents a brief outline of CEDAW in order to locate what follows. Section III provides a detailed analysis of the methodology adopted in undertaking the study, including a discussion of the sources used in compiling a detailed dataset of judicial opinions and how the questions used to analyze this dataset were formulated. Section IV presents the basic findings that resulted from this analysis. Section V concludes.

Research paper thumbnail of Conclusions and policy implications

Oxford University Press eBooks, Feb 21, 2013

Research paper thumbnail of Why not nudge?: The Law, Politics and Ethics of Libertarian Paternalism

Research paper thumbnail of Religion and human rights

Edward Elgar Publishing eBooks, Nov 10, 2020

the material is concerned, specifically the rights of translation, reprinting, reuse of illustrat... more the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use.

Research paper thumbnail of Resurrecting positive action

Icon-international Journal of Constitutional Law, Jul 1, 2020

The idea of “positive action” has long been regarded as a key element in a gender equality strate... more The idea of “positive action” has long been regarded as a key element in a gender equality strategy and has been extensively promoted by the European Union (EU) as such. This brief comment considers: (i) how far positive action has been adopted in the EU and the European Economic Area (EEA); (ii) the reasons why the practice of positive action has fallen short of the ambitions that the EU has had for it; and (iii) how it might best be resurrected. I emphasize in particular the need for a radically revised regulatory approach to be adopted, one more in keeping with the insights of regulatory theory in other contexts.

Research paper thumbnail of On Portraying Human Dignity

Social Science Research Network, Jun 18, 2016

Research paper thumbnail of EC public procurement law and equality linkages: foundations for interpretation

Cambridge University Press eBooks, Feb 19, 2009

Research paper thumbnail of Social Security

Brill | Nijhoff eBooks, 1994

Research paper thumbnail of Legislation

Brill | Nijhoff eBooks, 1994

Research paper thumbnail of Cases

Brill | Nijhoff eBooks, 1994

Research paper thumbnail of Documentation

Brill | Nijhoff eBooks, 1994

Research paper thumbnail of Enforcement of the Principle

Brill | Nijhoff eBooks, 1994

Research paper thumbnail of Table of Legislation, etc

Brill | Nijhoff eBooks, 1994

Research paper thumbnail of Equality in Law: United Kingdom

Research paper thumbnail of Human Rights Theory and Comparative International Law Scholarship

Oxford Scholarship Online, 2018

An account of what we know about the use by domestic courts of international human rights law is ... more An account of what we know about the use by domestic courts of international human rights law is identified, based on the findings in this volume and earlier work on the use of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). From that, three aspects of the domestic functions of international human rights treaties are tentatively identified as particularly significant: international human rights law is only partly internationally-directed; domestic courts very seldom appear to be acting as ‘agents’ of international human rights law; and ‘human dignity’ (sometimes by itself, sometimes alongside ‘autonomy’ and ‘equality’) acts as an important meta-principle in the domestic use of international human rights law. The implications these functions have for normative theorising about human rights, in particular practice-dependent theories of human rights, is considered, and a theory of human rights law consistent with this practice is identified.

Research paper thumbnail of Buying Social Justice: Equality, Government Procurement, & Legal Change

OUP Catalogue, 2007

... countries. However, one of the most important develop-ments in the last fifty years in procur... more ... countries. However, one of the most important develop-ments in the last fifty years in procurement regulation has been the push for reform of public procurement to make it more efficient, less expensive, and more transpar-ent. In ...

Research paper thumbnail of The Franchise in Irish Unification Referendums

Irish Studies in International Affairs, 2021

The Belfast / Good Friday Agreement provides that it is for the people of the island of Ireland a... more The Belfast / Good Friday Agreement provides that it is for the people of the island of Ireland alone, by agreement between the two parts respectively and without external impediment, to exercise their right of self-determination on the basis of consent, freely and concurrently given, north and south. Assuming a referendum in each jurisdiction, who should be allowed to vote? Whether a constitutional amendment or replacement referendum is used in the south, the franchise is likely to be that already stipulated in the existing Constitution. The franchise for the referendum in the north is far less

Research paper thumbnail of Religion and Education in Northern Ireland: Voluntary Segregation Reflecting Historical Divisions

Social Science Research Network, Jun 22, 2012

ABSTRACT Since the foundation of Northern Ireland (‘NI’) in 1920, the issue of control over prima... more ABSTRACT Since the foundation of Northern Ireland (‘NI’) in 1920, the issue of control over primary and secondary education has been a source of significant tension between its two main ethno-religious communities as well as between each and the NI government. Education in Northern Ireland is organised differently compared with the rest of the United Kingdom and several of its ‘unique features’ arise out of the particular form of its political and religious sensitivities concerning education. This chapter is structured as follows. First, I shall outline the features of the governance of education in the NI model. Secondly, I shall attempt to explain briefly why these features came about. Thirdly, I shall consider research that has attempted to understand the effects of the model on the religious background of pupils in different schools. Fourthly, I shall address the role of teachers in this model. Fifthly, I shall consider issues relating to curriculum and collective worship. Sixthly, the crucial issue of school funding will be examined. Finally, I shall consider the prospects for the model in the future by considering pupil opinion on the structure of schooling and I shall explain how this model relates to political developments in Northern Ireland generally.

Research paper thumbnail of Good Faith and Sincere Co-operation

Cambridge University Press eBooks, Feb 3, 2022

Good Faith and Sincere Cooperation christopher mccrudden 8.1 Introduction The Withdrawal Agreemen... more Good Faith and Sincere Cooperation christopher mccrudden 8.1 Introduction The Withdrawal Agreement (WA) has several common provisions which set out various obligations as to how the WA (and the Protocol as an integral part of the WA) is to be interpreted and applied. Among these are the duty of 'good faith' and the duty of 'sincere cooperation', which feature in Article 5 WA. This provides, in part, that the EU and the UK 'shall, in full mutual respect and good faith, assist each other in carrying out tasks which flow from this Agreement'. In addition, Article 5 provides that this obligation of good faith 'is without prejudice to the application of Union law pursuant to this Agreement, in particular the principle of sincere cooperation'. 8.2 How to Approach the Interpretation of Article 5 WA? 'Good faith' is a general principle of international law, 1 including international trade law, 2 and is explicitly included in Article 26 of the Vienna Convention on the Law of Treaties (VCLT). 3 What appear to be somewhat equivalent concepts feature in other specifically European agreements. Article 4(3) of the Treaty on European Union (TEU) applies the duty of 'sincere cooperation' (sometimes referred to as the principle of 'loyalty') to member states and the EU in the application of the EU Treaties. 4 Article 3 of the European Economic Area (EEA) Agreement applies what the Court of the European Free Trade Association (EFTA 1 Robert Kolb, Good Faith in International Law (Hart 2017). 2 Marion Panizzon, Good Faith in the Jurisprudence of the WTO: The Protection of Legitimate Expectations, Good Faith Interpretation and Fair Dispute Settlement (Hart 2006). 3 'Every treaty in force is binding upon the parties to it and must be performed by them in good faith.' 4 It states: 92

Research paper thumbnail of Miller and Northern Ireland: A Critical Constitutional Response

Research paper thumbnail of CEDAW in National Courts

Oxford University Press eBooks, Jan 18, 2018

This chapter presents the methodology and findings of a comparative international law study of na... more This chapter presents the methodology and findings of a comparative international law study of national judicial use of the Convention on the Elimination of All Forms of Discrimination Against Women, one of the key human rights covenants that go to make up what has been called the international Bill of Rights. The chapter is structured as follows. Section II presents a brief outline of CEDAW in order to locate what follows. Section III provides a detailed analysis of the methodology adopted in undertaking the study, including a discussion of the sources used in compiling a detailed dataset of judicial opinions and how the questions used to analyze this dataset were formulated. Section IV presents the basic findings that resulted from this analysis. Section V concludes.

Research paper thumbnail of Conclusions and policy implications

Oxford University Press eBooks, Feb 21, 2013

Research paper thumbnail of Why not nudge?: The Law, Politics and Ethics of Libertarian Paternalism

Research paper thumbnail of Religion and human rights

Edward Elgar Publishing eBooks, Nov 10, 2020

the material is concerned, specifically the rights of translation, reprinting, reuse of illustrat... more the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use.

Research paper thumbnail of Resurrecting positive action

Icon-international Journal of Constitutional Law, Jul 1, 2020

The idea of “positive action” has long been regarded as a key element in a gender equality strate... more The idea of “positive action” has long been regarded as a key element in a gender equality strategy and has been extensively promoted by the European Union (EU) as such. This brief comment considers: (i) how far positive action has been adopted in the EU and the European Economic Area (EEA); (ii) the reasons why the practice of positive action has fallen short of the ambitions that the EU has had for it; and (iii) how it might best be resurrected. I emphasize in particular the need for a radically revised regulatory approach to be adopted, one more in keeping with the insights of regulatory theory in other contexts.

Research paper thumbnail of On Portraying Human Dignity

Social Science Research Network, Jun 18, 2016

Research paper thumbnail of EC public procurement law and equality linkages: foundations for interpretation

Cambridge University Press eBooks, Feb 19, 2009

Research paper thumbnail of Social Security

Brill | Nijhoff eBooks, 1994

Research paper thumbnail of Legislation

Brill | Nijhoff eBooks, 1994

Research paper thumbnail of Cases

Brill | Nijhoff eBooks, 1994

Research paper thumbnail of Documentation

Brill | Nijhoff eBooks, 1994

Research paper thumbnail of Enforcement of the Principle

Brill | Nijhoff eBooks, 1994

Research paper thumbnail of Table of Legislation, etc

Brill | Nijhoff eBooks, 1994

Research paper thumbnail of Equality in Law: United Kingdom