It Must be Marching Season

Started by Nally Stand, June 27, 2011, 11:27:31 AM

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whitey

What are the chances this will ignite serious disorder?

tiempo

Quote from: David McKeown on September 25, 2026, 11:06:07 PMThe point is that it's a new decision every time within the discretion of the commissioners. What's happened before does not bind future commissioners and two panels can consider the same case and arise at opposite but equally correct decisions.

Aah, Special Powers Act, its yerself

tyrone08

Quote from: Windmill abu on September 25, 2026, 10:20:28 PM
Quote from: Rossfan on September 25, 2026, 08:31:27 PMSee what the Court says tomorrow.
If it goes ahead offer them tea and biscuits and welcome them to Garvaghy.
They won't be able to handle it at all.

Your solution is appeasement. Tug the forelock and say thank you.

 You are an arsehole.

This kind of thinking led to 30 years of war and killing of innocents. Time to move the feck on, its 35 people walking down the road and your answer is to restart the troubles.

general_lee

Quote from: tyrone08 on September 25, 2026, 11:31:59 PM
Quote from: Windmill abu on September 25, 2026, 10:20:28 PM
Quote from: Rossfan on September 25, 2026, 08:31:27 PMSee what the Court says tomorrow.
If it goes ahead offer them tea and biscuits and welcome them to Garvaghy.
They won't be able to handle it at all.

Your solution is appeasement. Tug the forelock and say thank you.

 You are an arsehole.

This kind of thinking led to 30 years of war and killing of innocents. Time to move the feck on, its 35 people walking down the road and your answer is to restart the troubles.
Innocents? Like the innocents that lost their lives over this very parade?

You tell the McGoldericks to move the feck on

David McKeown

Quote from: tiempo on September 25, 2026, 11:16:25 PM
Quote from: David McKeown on September 25, 2026, 11:06:07 PMThe point is that it's a new decision every time within the discretion of the commissioners. What's happened before does not bind future commissioners and two panels can consider the same case and arise at opposite but equally correct decisions.

Aah, Special Powers Act, its yerself


I'm not justifying it I am just trying to explain the underpinning rationale and legal context of the decision. I don't agree with it but I think the Court are unlikely to interfere.

Specialist decision makers are given a wide margin of appreciation when it comes to making decisions. The High Court is a supervisory review court not an appeals court. The intensity of any review will depend on the nature of the rights under challenge. The rights engaged here are qualified rights. It follows therefore the intensity of the review will be lower. Taking that into account I think it's unlikely (on the basis of information within the public sphere that I am aware of) that any challenge succeeds. I hope I'm wrong and I often am.
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GTP

Quote from: whitey on September 25, 2026, 11:11:28 PMWhat are the chances this will ignite serious disorder?
I would say a tiny percentage, if you look at precedent such as the historic Drumcree parade or the holy Cross primary school protests nationalism does not tend towards mass mobilisation. For whatever reason unionism bringing down the state they want to keep in place is acceptable, eg protests against the Anglo Irish agreement, but it isn't for those who don't want it to exist. Whatever victory they believe has happened, it isn't. If the 35 get down the road I hope it helps to pave the way for one nation of Ireland.

Brendan

Unionists gloating about this as an achievement along with blocking progress on the A5, what planet are these people on

Duine Inteacht Eile

Quote from: tyrone08 on September 25, 2026, 11:31:59 PM
Quote from: Windmill abu on September 25, 2026, 10:20:28 PM
Quote from: Rossfan on September 25, 2026, 08:31:27 PMSee what the Court says tomorrow.
If it goes ahead offer them tea and biscuits and welcome them to Garvaghy.
They won't be able to handle it at all.

Your solution is appeasement. Tug the forelock and say thank you.

 You are an arsehole.

This kind of thinking led to 30 years of war and killing of innocents. Time to move the feck on, its 35 people walking down the road and your answer is to restart the troubles.
That's one way of looking at it. I mean, it's completely the wrong way, but it's one way of looking at it.

Another way is to tell those 35 people that their sectarian and triumphalist show is only available to them in areas where it is considered not to be inflammatory and that despite this ruling we really hope they enjoy their day.

AustinPowers

Quote from: Brendan on September 25, 2026, 11:43:52 PMUnionists gloating about this as an achievement along with blocking progress on the A5, what planet are these people on

Planet 1690

marty34

Quote from: David McKeown on September 25, 2026, 11:01:55 PM
Quote from: marty34 on September 25, 2026, 09:48:38 PM
Quote from: David McKeown on September 25, 2026, 09:46:43 PM
Quote from: marty34 on September 25, 2026, 09:27:44 PMSo what actually was the change from the PC?

Why did they allow it?

PC are required to consider each application on the basis of the circumstances as they exist at the time of the application  The fact that wasn't being done was one of the criticism led in the case over the summer.

I am hearing there may have been a jurisdictional issue regarding timing that was overlooked. That may form a large part of the challenge

But how does that change the decision David?

Like, what has changed from before, say 20 years ago?

The point is that it's a new decision every time within the discretion of the commissioners. What's happened before does not bind future commissioners and two panels can consider the same case and arise at opposite but equally correct decisions.

I don't understand David.

Why is the reason parade is being allowed?

trueblue1234

Quote from: tyrone08 on September 25, 2026, 11:31:59 PM
Quote from: Windmill abu on September 25, 2026, 10:20:28 PM
Quote from: Rossfan on September 25, 2026, 08:31:27 PMSee what the Court says tomorrow.
If it goes ahead offer them tea and biscuits and welcome them to Garvaghy.
They won't be able to handle it at all.

Your solution is appeasement. Tug the forelock and say thank you.

 You are an arsehole.

This kind of thinking led to 30 years of war and killing of innocents. Time to move the feck on, its 35 people walking down the road and your answer is to restart the troubles.
Do you just keep taking that line then? Don't complain or protest anything for fear of a return to the troubles? Keep saying "keep the head down"? Give them everything they want just to keep them quiet? Stand for nothing?
At some stage a line is crossed, where you decide, naw this isn't fair, this shouldn't happen in this day and age.
Grammar: the difference between knowing your shit

tyrone08

Quote from: Duine Inteacht Eile on September 25, 2026, 11:44:16 PM
Quote from: tyrone08 on September 25, 2026, 11:31:59 PM
Quote from: Windmill abu on September 25, 2026, 10:20:28 PM
Quote from: Rossfan on September 25, 2026, 08:31:27 PMSee what the Court says tomorrow.
If it goes ahead offer them tea and biscuits and welcome them to Garvaghy.
They won't be able to handle it at all.

Your solution is appeasement. Tug the forelock and say thank you.

 You are an arsehole.

This kind of thinking led to 30 years of war and killing of innocents. Time to move the feck on, its 35 people walking down the road and your answer is to restart the troubles.
That's one way of looking at it. I mean, it's completely the wrong way, but it's one way of looking at it.

Another way is to tell those 35 people that their sectarian and triumphalist show is only available to them in areas where it is considered not to be inflammatory and that despite this ruling we really hope they enjoy their day.

Grand so, let's get the petrol bombs out and show those protestants that there will never be a place for them in a united ireland. That will work out well  ::)

David McKeown

Quote from: marty34 on September 25, 2026, 11:56:40 PM
Quote from: David McKeown on September 25, 2026, 11:01:55 PM
Quote from: marty34 on September 25, 2026, 09:48:38 PM
Quote from: David McKeown on September 25, 2026, 09:46:43 PM
Quote from: marty34 on September 25, 2026, 09:27:44 PMSo what actually was the change from the PC?

Why did they allow it?

PC are required to consider each application on the basis of the circumstances as they exist at the time of the application  The fact that wasn't being done was one of the criticism led in the case over the summer.

I am hearing there may have been a jurisdictional issue regarding timing that was overlooked. That may form a large part of the challenge

But how does that change the decision David?

Like, what has changed from before, say 20 years ago?

The point is that it's a new decision every time within the discretion of the commissioners. What's happened before does not bind future commissioners and two panels can consider the same case and arise at opposite but equally correct decisions.

I don't understand David.

Why is the reason parade is being allowed?

The reason as set out in the determination is that when the PC consider all the information available to them and apply to that the statutory framework they have determined that the appropriate balance of the rights the residents against the desirability to permit processions along traditional routes falls in favour of allowing the procession with significant restrictions.

Weighing heavily on that determination is the indication from PSNI that allowing the parade wouldn't result in a significant risk of disorder.

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