Northern Ireland Commissioner for Children and Young Peoples' Application (NICCY)
| Jurisdiction | Northern Ireland |
| Judge | Kerr LCJ |
| Judgment Date | 2009 |
| Neutral Citation | [2009] NICA 10 |
| Court | Court of Appeal (Northern Ireland) |
| Date | 20 February 2009 |
Neutral Citation No.: [2009] NICA 10 Ref:
GIR7406
Judgment: approved by the Court for handing down Delivered:
20/02/2009
(subject to editorial corrections)
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
ON APPEAL FROM THE HIGH COURT OF JUSTICE
IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (JUDICIAL REVIEW)
________
Northern Ireland Commissioner for Children and Young peoples’
Application [2009] NICA 10
AN APPLICATION FOR JUDICIAL REVIEW
BY THE NORTHERN IRELAND COMMISSIONER FOR CHILDREN
AND YOUNG PEOPLE
Kerr LCJ, Higgins LJ and Girvan LJ
GIRVAN LJ
Introduction
[1] The appellant is the Northern Ireland Commissioner for Children and
Young People (“the Commissioner”) who derives her powers from the
Children and Young People (Northern Ireland) Order 2003. Amongst her
powers is the power to bring proceedings other than criminal proceedings
involving law and practice concerning the rights and welfare of children and
young people. Before bringing proceedings she must be satisfied that the case
raises a question of principle or that there are special circumstances which
make it appropriate for her to do so. She has brought the present proceedings
to challenge the lawfulness of the defence of what is variously described as
the right of parental correction, punishment or chastisement (“parental
punishment”).
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7 cases
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JR1’s Application
...The law on this issue was set out by the Court of Appeal in Northern Ireland Commissioner for Children and Young People’s Application [2009] NICA 10. Girvan LJ set out the relevant principles at paragraphs [11] and [12]. “[11] Section 6 of the Human Rights Act makes it unlawful for a public......
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Canning’s (Marvin) Application and Fox (Bernard) and McNulty’s (Christine) Application
...to the will of others.” Victim Status [73] The respondent refers to Re Northern Ireland Commissioner for Children and Young People [2009] NICA 10 in which Girvan LJ considered the jurisprudence in relation to “victim status”. At para [12] he considered the Strasbourg jurisprudence: “[12] In......
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Carter’s (Christopher Charles) Application (For Leave)
...as these were made when the elected body was suspended). [13] In Northern Ireland Commission for Children and Young Peoples Application [2009] NICA 10 this court had to consider an application by the Commissioner for a declaration that the Secretary of State had no power to decide to introd......
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SV (A MINOR), FV (A MINOR), GV (A MINOR) and PV and A Health and Social Care Trust and The Department of Finance and A Health and Social Care Trust and PV and SV, FV & GV (Minors) acting by the Official Solicitor as Guardian Ad Litem
...The applicants say, in accordance with O’Donnell [supra] and Re Northern Ireland Commissioner for Children and Young People’s Application [2009] NICA 10, that the courts must interpret subordinate legislation compatibly with Convention rights and disregard the statutory provisions if to enf......
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1 books & journal articles
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THE RELAXATION OF REPRESENTATIVE STANDING IN ADMINISTRATIVE LAW: A SIDE-EFFECT OF CHARTERS OF RIGHTS?
...(1984), 13 EHRR 186, 44 DR 132; Re Northern Ireland Commissioner for Children and Young People's Application for Judicial Review, [2009] NICA 10, [2009] (85) See Miles, supra note 29 at 142-48. (86) HRA, supra note 46, s 4(6). (87) R (Rusbridger) v Attorney General, [2003] UKHL 38 at para 3......