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Truth and Untruths: U.K. Public Inquiries and Transitional Justice in Northern Ireland

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Abstract:

Britain’s Inquiries Act 2005 significantly expanded executive control over public inquiries, or truth-seeking processes that are frequently initiated in the United Kingdom to investigate “matters of public concern.” This paper provides a critical analysis of the new legislation, its implications for transitional justice and truth-finding in Northern Ireland, and more broadly its discord with legal and democratic principles. The rapid legislative process that led to the law is discussed, as well as possible motives behind its enactment, including control of information and accountability stemming from security force collusion in murders during the Northern Ireland conflict (particularly the Patrick Finucane case); the influence of security personnel in policy-making decisions post September 11; and a stated government reason, to standardize the public inquiry process. Comparisons are drawn to debated norms and critiques of post-conflict truth processes, as well as to previous law governing public inquiries in Britain. Consideration is given to whether the Act aims to provide cover to the government to avoid compliance with democratic and human rights obligations and, if so, conclusions that can be made about the relationship among law, governance, and members and/or groups of society seeking an official truth or justice through the law.
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Name: The Law and Society Association
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http://www.lawandsociety.org


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URL: http://www.allacademic.com/meta/p118176_index.html
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MLA Citation:

Requa, Marny. "Truth and Untruths: U.K. Public Inquiries and Transitional Justice in Northern Ireland" Paper presented at the annual meeting of the The Law and Society Association, Jul 06, 2006 <Not Available>. 2009-05-25 <http://www.allacademic.com/meta/p118176_index.html>

APA Citation:

Requa, M. A. , 2006-07-06 "Truth and Untruths: U.K. Public Inquiries and Transitional Justice in Northern Ireland" Paper presented at the annual meeting of the The Law and Society Association <Not Available>. 2009-05-25 from http://www.allacademic.com/meta/p118176_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: Britain’s Inquiries Act 2005 significantly expanded executive control over public inquiries, or truth-seeking processes that are frequently initiated in the United Kingdom to investigate “matters of public concern.” This paper provides a critical analysis of the new legislation, its implications for transitional justice and truth-finding in Northern Ireland, and more broadly its discord with legal and democratic principles. The rapid legislative process that led to the law is discussed, as well as possible motives behind its enactment, including control of information and accountability stemming from security force collusion in murders during the Northern Ireland conflict (particularly the Patrick Finucane case); the influence of security personnel in policy-making decisions post September 11; and a stated government reason, to standardize the public inquiry process. Comparisons are drawn to debated norms and critiques of post-conflict truth processes, as well as to previous law governing public inquiries in Britain. Consideration is given to whether the Act aims to provide cover to the government to avoid compliance with democratic and human rights obligations and, if so, conclusions that can be made about the relationship among law, governance, and members and/or groups of society seeking an official truth or justice through the law.

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Similar Titles:
Who’s Truth? Who’s Justice? Culture and Transitional Justice

Learning to Live Together: Transitional Justice and Intergroup Reconciliation in Northern Ireland


 
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