UK Constitutional Law Association
The townland of Carrickmore in County Tyrone in Northern Ireland is the ancestral home of legendary Nirvana frontman Kurt Cobain. It is also near an ancient and beautifully preserved Neolithic court tomb, excavated between 1979 and 1982. Carrickmore was at the heart of a different funerary matter when, on 3 February 2023, the Northern Ireland High Court handed down a judgment with potentially wide consequences for many laws which govern everyday life in the jurisdiction. This post examines the judgment in Re Oliver Hughes’ application for judicial review [2023] NIKB 5 in terms of the administration of Northern Ireland after the suspension and abolition of devolution in 1973, until its restoration in 1999 – the longest period of direct rule since the jurisdiction’s birth.
The facts
Oliver Hughes was interested in establishing a crematorium in the area around Carrickmore. The problem is that crematoria are regulated by the…
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