133-552: Albert Venn Dicey , KC , FBA (4 February 1835 – 7 April 1922) was a British Whig jurist and constitutional theorist. He is most widely known as the author of Introduction to the Study of the Law of the Constitution (1885). The principles it expounds are considered part of the uncodified British constitution . He became Vinerian Professor of English Law at Oxford , one of
266-622: A devolved Irish parliament within the United Kingdom of Great Britain and Ireland . The first two Irish Home Rule Bills were put before the House of Commons of the United Kingdom in 1886 and 1893, but they were bitterly resisted and the second bill ultimately defeated in the Conservative's pro- Unionist majority controlled House of Lords . Following the fall and death of Parnell in 1891 after
399-544: A " National Petition " for a referendum on repeal of the union; in 1861 Daniel O'Donoghue submitted the 423,026 signatures to no effect. The Irish Republican Brotherhood (IRB) and Fenian Brotherhood were set up in Ireland and the United States, respectively, in 1858 by militant republicans, including Young Irelanders . The latter dissolved into factions after organising unsuccessful raids on Canada by Irish veterans of
532-701: A KC in Scotland in 1948. In Australia, the first QC appointed was Roma Mitchell , appointed 1962, who later became the first female Justice of the Supreme Court of South Australia (1965), and then the first female Acting Chief Justice. In 1994, solicitors of England and Wales became entitled to gain rights of audience in the higher courts, and some 275 were so entitled in 1995. In 1995, these solicitors became entitled to apply for appointment as Queen's Counsel. The first two solicitors were appointed on 27 March 1997, out of 68 new QCs. These were Arthur Marriott, partner in
665-482: A concerted campaign for self-government. Mass nationalist mobilisation began when Isaac Butt 's Home Rule League (which had been founded in 1873 but had little following) adopted social issues in the late 1870s – especially the question of land redistribution. Michael Davitt (an IRB member) founded the Irish Land League in 1879 during an agricultural depression to agitate for tenant's rights. Some would argue
798-512: A consciousness of dispossession and defeat at the hands of British and Protestant forces, became enduring features of Irish nationalism. However, the Irish Catholic movements of the 16th century were invariably led by a small landed and clerical elite. Professor Kevin Whelan has traced the emergence of the modern Catholic-nationalist identity that formed in 1760–1830. Irish historian Marc Caball , on
931-666: A divorce crisis, which enabled the Irish Roman Catholic hierarchy to pressure MPs to drop Parnell as their leader, the Irish Party split into two factions, the INL and the INF , becoming practically ineffective from 1892 to 1898. Only after the passing of the Local Government (Ireland) Act 1898 which granted extensive power to previously non-existent county councils, allowing nationalists for
1064-513: A feature of Irish life since the 12th century, following the Norman invasion of Ireland . Protestantism in England introduced a religious element to the 16th-century Tudor conquest of Ireland , as many of the native Gaels and Hiberno-Normans remained Catholic. The Plantations of Ireland dispossessed many native Catholic landowners in favour of Protestant settlers from England and Scotland. In addition,
1197-541: A form of seniority that allowed them to address the court before others – allowed for the swift resolution of Crown litigation. The new rank of King's Counsel contributed to the gradual obsolescence of the formerly more senior serjeant-at-law by superseding it. The attorney-general and solicitor-general had similarly succeeded the king's serjeants as leaders of the Bar in Tudor times, though not technically senior until 1623, except for
1330-772: A guerilla war broke out between the Irish Republican Army (IRA) (as the Irish Volunteers were now calling themselves) and the British security forces (See Irish War of Independence ) . The campaign created tensions between the political and military sides of the nationalist movement. The IRA, nominally subject to the Dáil, in practice, often acted on its own initiative. At the top, the IRA leadership, of Michael Collins and Richard Mulcahy , operated with little reference to Cathal Brugha ,
1463-540: A junior barrister, and led the direction of the case. The junior barrister on a case could not disagree with the direction determined by the senior barrister. On colonial appeals to the Judicial Committee of the Privy Council , established in 1833, the rule originally was that the case had to be led by a Queen's Counsel from England, even if the colonial counsel held the same rank in the colonial courts. This rule
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#17328552548421596-470: A junior barrister, and they had to have barristers' chambers in London. These restrictions had a number of consequences: they made the taking of silk something of a professional risk, because the appointment abolished some of the staple work of the junior barrister; they made the use of leading counsel more expensive, and therefore ensured that they were retained only in more important cases; and they protected
1729-469: A major contribution to the law of England and Wales but who operate outside court practice. Until the 1990s there was a practice that sitting members of the UK Parliament (MPs) who were barristers were appointed QC, if they wished, on reaching a certain level of seniority of around fifteen years at the bar. Such appointments were sometimes known as "courtesy" or even "false" silk, and also as "nylons". In
1862-473: A means of putting pressure on parliament. Coinciding as it did with the extension of the franchise in British politics – and with it the opportunity for most Irish Catholics to vote – Parnell's party quickly became an important player in British politics. Home Rule was favoured by William Ewart Gladstone , but opposed by many in the British Liberal and Conservative parties. Home Rule would have meant
1995-418: A partition amendment. Redmond rejected their proposals. The amended Home Rule Act was passed and placed with Royal Assent on the statute books, but was suspended after the outbreak of World War I in 1914, until the end of the war. This led radical republican groups to argue that Irish independence could never be won peacefully and gave the northern question little thought at all. The Irish Volunteer movement
2128-462: A political tradition that favours an independent, united Ireland achieved by non-violent means. The more militant strand of nationalism, as espoused by Sinn Féin , is generally described as "republican" and was regarded as somewhat distinct, although the modern-day party is a constitutional party committed to exclusively peaceful and democratic means. 55.8% of voters in Northern Ireland voted for
2261-655: A purely defensive body, under Connolly's leadership, the ICA became a revolutionary body, dedicated to an independent Workers Republic in Ireland. After the outbreak of the First World War, Connolly became determined to launch an insurrection to this end. Home Rule was eventually won by John Redmond and the Irish Parliamentary Party and granted under the Third Home Rule Act 1914 . However, Irish self-government
2394-501: A screening committee of members of the judiciary and the legal community, which submitted recommendations for appointment to the Minister of Justice and Solicitor General and Cabinet for consideration, who in turn recommends names to Cabinet. In 2020, the province designated over 130 lawyers as Queen's Counsel, and another round of appointees in February 2022. King's Counsel are appointed by
2527-525: A supervisory role in litigation. In practice this meant that the practitioner would review and revise the written pleadings of their junior. Initially the status of QC was reserved first for law officers ( Lord Advocate and Solicitor General for Scotland ) and soon after for the Dean of the Faculty of Advocates. In 1897, a petition by the Faculty of Advocates for the establishment of a Scottish roll of Queen's Counsel
2660-533: A vigorous campaign was mounted in defence of the system. Supporters included those who considered it as an independent indication of excellence to those (especially foreign commercial litigants) who did not have much else to go on, and those who contended that it was a means whereby the most able barristers from ethnic minorities could advance and overcome prejudice as well as better represent members of an increasingly diverse society. The government's focus switched from abolition to reform and, in particular, reform of
2793-523: Is a senior lawyer appointed by the monarch (or their viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarch is a woman, the title is Queen's Counsel ( QC ). The position originated in England and Wales. Some Commonwealth countries have retained the designation, while others have either abolished the position or renamed it so as to remove monarchical connotations — for example, " Senior Counsel " or "Senior Advocate". Appointment as King's Counsel
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#17328552548422926-598: Is an office recognised by courts . Members in the UK have the privilege of sitting within the inner bar of court. As members wear silk gowns of a particular design, appointment as King's Counsel is known informally as taking silk and KCs are often colloquially called silks . Appointments are made from within the legal profession on the basis of merit and not a particular level of experience. Successful applicants are normally barristers , or in Scotland, advocates , with at least 15 years of experience. In most Canadian jurisdictions,
3059-754: Is made on the recommendation of the Lord Justice General to the First Minister of Scotland , formerly the Secretary of State for Scotland . In the 1990s, rules were changed so that solicitors with rights of audience in the Court of Session or High Court of Justiciary were permitted to apply for appointment, and two or three have done so. A solicitor advocate who is so appointed is designated as King's Counsel, Solicitor Advocate . An award of King's Counsel honoris causa (honorary KC) may be made to lawyers who have made
3192-508: Is not an exaggeration to term it a social revolution, and it was the first large-scale rural public-housing scheme in the country, with up to a quarter of a million housed under the Labourers Acts up to 1921, the majority erected by 1916", changing the face of rural Ireland. The combination of land reform and devolved local government gave Irish nationalists an economic political base on which to base their demands for self-government. Some in
3325-465: Is organised as the Faculty of Advocates and its members are known not as barristers but as advocates. The position of Queen's Counsel was not recognised before 1868. The Scottish bar did have a concept of senior counsel before the introduction of the formal rank of Queen's Counsel. An advocate would self-declare that they were 'giving up writing', meaning that they would no longer draft pleadings and move onto
3458-648: The All-for-Ireland Party as well as Sinn Féin and other national bodies. It resulted in the Conscription Crisis of 1918 . In May at the height of the crisis 73 prominent Sinn Féiners were arrested on the grounds of an alleged German Plot . Both these events contributed to a widespread rise in support for Sinn Féin and the Volunteers. The Armistice ended the war in November, and was followed by elections. In
3591-577: The American Civil War , and the IRB launched Clan na Gael as a replacement. In Ireland itself, the IRB tried an armed revolt in 1867 but, as it was heavily infiltrated by police informers, the rising was a failure. In the late 19th century, Irish nationalism became the dominant ideology in Ireland, having a major Parliamentary party in the Parliament of the United Kingdom at Westminster that launched
3724-508: The Celtic Revival , grew up in the late 19th century. Though largely initiated by artists and writers of Protestant or Anglo-Irish background, the movement nonetheless captured the imaginations of idealists from native Irish and Catholic background. Periodicals such as United Ireland , Weekly News , Young Ireland , and Weekly National Press (1891–92), became influential in promoting Ireland's native cultural identity. A frequent contributor,
3857-700: The Curragh Camp indicated that they would be unwilling to act against the Ulster Volunteers should they be ordered to. In response, Nationalists formed their own paramilitary group, the Irish Volunteers , to ensure the implementation of Home Rule. It looked for several months in 1914 as if civil war was imminent between the two armed factions. Only the All-for-Ireland League party advocated granting every conceivable concession to Ulster to stave off
3990-484: The Elliott Report , that the royal oath should be dropped and replaced by a more neutral statement. It suggested that, instead of declaring services to Queen Elizabeth, barristers should "sincerely promise and declare that I will well and truly serve all whom I may lawfully be called to serve in the office of one of Her Majesty's Counsel, learned in the law according to the best of my skill and understanding". In 1997,
4123-549: The General election of 1918 , Sinn Féin won 73 seats, 25 of these unopposed, or statistically nearly 70% of Irish representation, under the British " First past the post " voting-system, but had a minority representation in Ulster. They achieved a total of 476,087 (46.9%) of votes polled for 48 seats, compared to 220,837 (21.7%) votes polled by the IPP for only six seats, who due to the "first past
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4256-601: The Glorious Revolution of 1688–1689. The Jacobites demanded that Irish Catholics have a majority in an autonomous Irish Parliament, the restoration of confiscated Catholic land, and an Irish-born Lord Deputy of Ireland . Similarly to the Confederates of the 1640s, the Jacobites were conscious of representing the "Irish nation" but were not separatists and largely represented the interests of the landed class as opposed to all
4389-629: The Home Rule League in 1873. Charles Stewart Parnell (somewhat paradoxically, a Protestant landowner) took over the Land League and used its popularity to launch the Irish National League in 1882 as a support basis for the newly formed Irish Parliamentary Party , to campaign for Home Rule . An important feature of Irish nationalism from the late 19th century onwards was a commitment to Gaelic Irish culture. A broad intellectual movement,
4522-609: The Irish Parliament , full rights for Catholics and an end to the confiscation of Catholic-owned land. However, the Cromwellian conquest of Ireland (1649–1653) destroyed the Confederate cause and resulted in the permanent dispossession of the old Catholic landowning class. A similar Irish Catholic monarchist movement emerged in the 1680s and 1690s, when Irish Catholic Jacobites supported James II after his deposition in England in
4655-544: The Irish Patriot Party , led by Henry Grattan , who achieved substantial legislative independence in 1782–83 . Grattan and radical elements of the 'Irish Whig' party campaigned in the 1790s for Catholic political equality and reform of electoral rights. He wanted useful links with Britain to remain, best understood by his comment: 'The channel [ the Irish sea ] forbids union; the ocean forbids separation'. Grattan's movement
4788-650: The Irish Socialist Republican Party in Dublin. Connolly's party was small and unsuccessful in elections, but his fusion of socialism and Irish republicanism was to have a sustained impact on republican thought. In 1913, during the general strike known as the Dublin Lockout , Connolly and James Larkin formed a workers militia, the Irish Citizen Army , to defend strikers from the police. While initially
4921-607: The Kingdom of England . The first Queen's Counsel Extraordinary was Sir Francis Bacon , who was given a patent giving him precedence at the Bar in 1597, and formally styled King's Counsel in 1603. The right of precedence before the Court granted to Bacon became a hallmark of the early King's Counsel. True to their name, King's and Queen's Counsel initially were representatives of the Crown. The right of precedence and pre-audience bestowed upon them –
5054-867: The Law Society of British Columbia . A recipient must have at least five years' standing at the bar of British Columbia. In practice, the Attorney General appoints an advisory committee which includes these officials and also the Chief Judge of the Provincial Court , the president of the British Columbia Branch of the Canadian Bar Association and the deputy attorney general . Candidates must be acknowledged by their peers as leading counsel, have demonstrated exceptional qualities of leadership in
5187-596: The Lord Chancellor , but without comment on individual applications. The Lord Chancellor supervises the process and reviews the panel's recommendations in general terms (to be satisfied that the process as operated is fair and efficient). Application forms under the new system were released in July 2005 and the appointment of 175 new Queen's Counsel was announced on 20 July 2006. A total of 443 people had applied (including 68 women, 24 ethnic minority lawyers, and 12 solicitors). Of
5320-605: The Lord Chief Justice , Sir Robert Carswell , wrote "I have little doubt myself that this is all part of an ongoing politically-based campaign to have the office of Queen's Counsel replaced by a rank entitled Senior Counsel, or something to that effect". In 2000, the Northern Ireland High Court ruled in the barristers' favour. After more wrangling, the barristers were permitted to make "a more neutral statement" of commitment to principles. The independent bar
5453-757: The National Volunteers , and were among the 180,000 Irishmen who served in Irish regiments of the Irish 10th and 16th Divisions of the New British Army formed for the War. A minority of the Irish Volunteers, mostly led by members of the Irish Republican Brotherhood (IRB), refused to support the War and kept their arms to guarantee the passage of Home Rule. Within this grouping, another faction planned an insurrection against British rule in Ireland , while
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5586-515: The Oath of Supremacy , which Daniel O'Connell refused as a Roman Catholic . Despite being the most prominent and best-paid barrister in Ireland, he was a junior counsel for 30 years until granted a patent of precedence in 1831. From the beginning, KCs were not allowed to appear against the Crown without a special licence, but this was generally given as a formality. This stipulation was particularly important in criminal cases, which are mostly brought in
5719-600: The Plantation of Ulster , which began in 1609, "planted" a sizeable population of English and Scottish Protestant settlers into the north of Ireland. Irish aristocrats waged many campaigns against the English presence. A prime example is the rebellion of Hugh O'Neill which became known as the Nine Years' War of 1594–1603, which aimed to expel the English and make Ireland a Spanish protectorate . A more significant movement came in
5852-405: The UK general election saw more nationalist MPs elected in Northern Ireland than unionist ones for the first time ever (nine nationalists and eight unionists). Two months later, Sinn Féin won the most votes in the 2020 Irish general election , thus ending 100 years of dominance in the Republic by Fine Gael and Fianna Fáil , but still finished one seat behind the latter in the Daíl. Finally, at
5985-449: The culture of Ireland , especially the Irish language , literature, music, and sports. It grew more potent during the period in which all of Ireland was part of the United Kingdom , which led to most of the island gaining independence from the UK in 1922. Irish nationalists believe that foreign English and later British rule in Ireland from the 1169 English Norman Invasion of Ireland onwards has been detrimental to Irish interests. At
6118-437: The harp , and located its mass meetings in sites such as Tara and Clontarf which had a special resonance in Irish history. The Great Famine of 1845–1849 caused great bitterness among Irish people against the British government, which was perceived as having failed to avert the deaths of up to a million people. British support for the 1860 plebiscites on Italian unification prompted Alexander Martin Sullivan to launch
6251-478: The impartiality of the courts free from governmental interference and the supremacy of the common law . In 1890, he was appointed Queen's Counsel . He later left Oxford and went on to become one of the first Professors of Law at the then-new London School of Economics . There he published in 1896 his Conflict of Laws . Upon his death on 7 April 1922, Harold Laski memorialised him as "the most considerable figure in English jurisprudence since Maitland ." Dicey
6384-416: The " Land War ", turned increasingly violent when Land Leaguers resisted attempts by the Royal Irish Constabulary (RIC) to evict tenant farmers by force. This upheaval eventually resulted in the British government subsidising the sale of landlords' estates to their tenants in the Irish Land Acts authored by William O'Brien . It also provided a mass base for constitutional Irish nationalists who had founded
6517-441: The 1640s, after the Irish Rebellion of 1641 , when a coalition of Gaelic Irish and Old English Catholics set up a de facto independent Irish state to fight in the Wars of the Three Kingdoms ( see Confederate Irelan d ). The Confederate Catholics of Ireland, also known as the Confederation of Kilkenny, emphasised the idea of Ireland as a Kingdom independent from England, albeit under the same monarch. They demanded autonomy for
6650-409: The 175 appointed, 33 were women, 10 were ethnic minorities, and four were solicitors. Six people were also appointed QC honoris causa . The title of KC continues to be used. In 1998 two Northern Ireland barristers ( Seamus Treacy and Barry Macdonald) opposed the requirement of swearing an oath of allegiance to the Crown. The Bar Council, the body which represents barristers' interests, had agreed, in
6783-406: The 1790s with the founding of the Society of the United Irishmen . It sought to end discrimination against Catholics and Presbyterians and to found an independent Irish republic. Most of the United Irish leaders were Catholic and Presbyterian and inspired by the French Revolution , wanted a society without sectarian divisions, the continuation of which they attributed to the British domination over
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#17328552548426916-482: The 1990s, it was felt that the practice of granting silk to MPs in this way, without considering their abilities, devalued the rank and the practice was abolished. However, for now the practice persists for law officers of the Crown. Former Attorney General for England and Wales Jeremy Wright was not a QC when he was appointed, a subject which attracted some comment. Despite not having practised law for some time, Wright took silk shortly after his appointment, which
7049-425: The 74 Senior Counsel appointed in Queensland before the reintroduction of Queen's Counsel in June 2013, only four opted to retain their title of Senior Counsel. In 2014, Victoria also restored the rank of Queen's Counsel, by way of making new appointments first as Senior Counsel, but then giving the option to seek appointment as Queen's Counsel by letters patent. In 2019, the South Australian Government announced it
7182-405: The British Parliament was "an absolutely sovereign legislature" with the "right to make or unmake any law". In the book, he defined the term constitutional law as including "all rules which directly or indirectly affect the distribution or the exercise of the sovereign power in the state". He understood that the freedom British subjects enjoyed was dependent on the sovereignty of Parliament ,
7315-430: The British Parliament – particularly the repeal of Poynings' Law , which allowed the latter to legislate for Ireland. They were supported by popular sentiment that came from the various publications of William Molyneux about Irish constitutional independence; this was later reinforced by Jonathan Swift 's incorporation of these ideas into Drapier's Letters . Parliamentarians who wanted more self-government formed
7448-444: The British administration felt initially that paying for such a degree of land and housing reform amounted to an unofficial policy of "killing home rule by kindness", yet by 1914 some form of Home Rule for most of Ireland was guaranteed. This was shelved on the outbreak of World War I in August 1914. A new source of radical Irish nationalism developed in the same period in the cities outside Ulster . In 1896, James Connolly , founded
7581-413: The British constitution. Dicey became a Liberal Unionist and a vigorous opponent of Home Rule for Ireland and published and spoke against it extensively from 1886 until shortly before his death, advocating that no concessions be made to Irish nationalism in relation to the government of any part of Ireland as an integral part of the United Kingdom. In March 1914 Dicey stated that if a Home Rule Bill
7714-443: The Commonwealth Government followed over the next 15 years, including the ACT in 1995, Victoria in 2000, Western Australia in 2001, Tasmania in 2005, and South Australia in 2008. In the Northern Territory , the rank of King's Counsel was never formally abolished, but in 2007 the rules of the Territory's Supreme Court were amended to facilitate the appointment of Senior Counsel by the Chief Justice. Those appointed QC before
7847-516: The Dáil's Minister for Defence or Éamon de Valera , the President of the Irish Republic – at best giving them a supervisory role. At local level, IRA commanders such as Dan Breen , Sean Moylan , Tom Barry , Sean MacEoin , Liam Lynch and others avoided contact with the IRA command, let alone the Dáil itself. This meant that the violence of the War of Independence rapidly escalated beyond what many in Sinn Féin and Dáil were happy with. Arthur Griffith , for example, favoured passive resistance over
7980-429: The Fenians saw that they could use the groundswell of support for land reform to recruit nationalist support, this is the reason why the New Departure – a decision by the IRB to adopt social issues – occurred in 1879. Republicans from Clan na Gael (who were loath to recognise the British Parliament) saw this as an opportunity to recruit the masses to agitate for Irish self-government. This agitation, which became known as
8113-431: The IRB. In April 1916, just over a thousand dissident Volunteers and 250 members of the Citizen's Army launched the Easter Rising in the Dublin General Post Office and, in the Easter Proclamation , proclaimed the independence of the Irish Republic . The Rising was put down within a week, at a cost of about 500 killed, mainly unengaged civilians. Although the rising failed, Britain's General Maxwell executed fifteen of
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#17328552548428246-442: The Irish Party was in due course eclipsed by Sinn Féin – a hitherto small party which the British had (mistakenly) blamed for the Rising and subsequently taken over as a vehicle for Irish Republicanism. Two further attempts to implement Home Rule in 1916 and 1917 also failed when John Redmond, leader of the Irish Party, refused to concede partition while accepting there could be no coercion of Ulster. An Irish Convention to resolve
8379-427: The Irish people. Also similarly to the Confederates they suffered defeat, in the Williamite War in Ireland (1689–1691). Thereafter, the largely English Protestant Ascendancy dominated Irish government and landholding. The Penal Laws discriminated against non- Anglicans . ( See also History of Ireland 1536–1691 .) This coupling of religious and ethnic identity – principally Roman Catholic and Gaelic – as well as
8512-479: The Irish speaking areas or Gaeltachta í, where the language has continued to decline (see article ). However, these organisations attracted large memberships and were the starting point for many radical Irish nationalists of the early twentieth century, especially the leaders of the Easter Rising of 1916 such as Patrick Pearse, Thomas MacDonagh, and Joseph Plunkett. The main aim was to emphasise an area of difference between Ireland and Germanic England, but most of
8645-465: The Land League had its direct roots in tenant associations formed in the period of agricultural prosperity during the government of Lord Palmerston in the 1850s and 1860s, who were seeking to strengthen the economic gains they had already made. Following the depression of 1879 and the subsequent fall in prices (and hence profits), these farmers were threatened with rising rents and eviction for failure to pay rents. In addition, small farmers, especially in
8778-413: The London office of the Wilmer Cutler Pickering Hale and Dorr , and Lawrence Collins , a partner in the City of London law firm Herbert Smith . Collins was subsequently appointed a High Court judge and ultimately a Justice of the Supreme Court of the United Kingdom . The appointment of new Queen's Counsel was suspended in 2003, and it was widely expected that the system would be abolished. However,
8911-409: The Privy Council , that: The exact position occupied by a Queen's Counsel duly appointed is a subject which might admit of a good deal of discussion. It is in the nature of an office under the Crown, although any duties which it entails are almost as unsubstantial as its emoluments; and it is also in the nature of an honour or dignity to this extent, that it is a mark and recognition by the Sovereign of
9044-446: The Rising's leaders, including Pearse, MacDonagh, Clarke and Connolly, and arrested some 3,000 political activists which led to widespread public sympathy for the rebel's cause. Following this example, physical force republicanism became increasingly powerful and, for the following seven years or so, became the dominant force in Ireland, securing substantial independence but at a cost of dividing Ireland . The Irish Parliamentary Party
9177-476: The Solicitor General. It is still the rule that junior counsel must follow the lead of senior counsel in pleading a case, and cannot depart from senior counsel's approach to the issues. The first woman appointed King's Counsel was Helen Kinnear in Canada in 1934. The first women to be appointed as King's Counsel in England and Wales were Helena Normanton and Rose Heilbron in 1949. They were preceded by Margaret Kidd KC (later Dame Margaret Kidd QC) appointed
9310-431: The Union, or Irish self-government under the Crown. Catholic Emancipation was achieved, but self-government was not. O'Connell's movement was more explicitly Catholic than its eighteenth-century predecessors. It enjoyed the support of the Catholic clergy, who had denounced the United Irishmen and reinforced the association between Irish identity and Catholicism. The Repeal Association used traditional Irish imagery, such as
9443-458: The United Kingdom to remain a part of the European Union in the 23 June 2016 referendum in which the country as a whole voted to leave the union. The results in Northern Ireland were influenced by fears of a strong border between Northern Ireland and the Republic of Ireland as well as by fears of a hard border breaking the Good Friday Agreement . Three significant events occurred in December 2019, February 2020 and May 2022, respectively. First,
9576-589: The United Kingdom. Irish nationalists support Irish reunification . Generally, Irish nationalism is regarded as having emerged following the Renaissance revival of the concept of the patria and the religious struggle between the ideology of the Protestant Reformation and the Catholic Counter-Reformation . At this early stage in the 16th century, Irish nationalism represented an ideal of
9709-419: The War was going on. Critical in this regard were Patrick Pearse, Thomas MacDonagh, and Thomas Clarke. These men were part of an inner circle that were operating in secret within the ranks of the IRB to plan this rising unknown to the rest of the volunteers. James Connolly, the labour leader, first intended to launch his own insurrection for an Irish Socialist Republic decided early in 1916 to combine forces with
9842-485: The appointment of Senior Counsel is not by letters patent, when a Senior Counsel takes office, there is no doctrinal reason why the title of Senior Counsel is lost. However, this is customarily not done, and the New South Wales Bar Association instructs that "KC" and "SC" postnominals should not be used for superior court judges. In Canada, both the federal government and the provincial governments have
9975-522: The bench and the bar, who give advice to the relevant Attorney General on appointments. The reforms have been designed to make the award a recognition of merit by individual members of the bar, often coupled with community service. The federal government stopped appointing Queen's Counsel in 1993, but resumed the practice in 2013 under the Harper Ministry . Appointments are recommended by the Minister of Justice, assisted by an advisory committee. In 2014,
10108-445: The change in each jurisdiction were permitted to retain the old title. In the 2010s, some states moved to revert to the old title of Queen's Counsel. In 2013, Queensland restored the rank of Queen's Counsel. Those appointed Senior Counsel before the reintroduction of Queen's Counsel were given the option of retaining their old title or seeking appointment as Queen's Counsel, while all new appointments would be as Queen's Counsel only. Of
10241-509: The conflict (compared to c. 400 until then). For the first hundred years of its existence, Northern Ireland had a unionist majority, but had a large nationalist minority who would prefer to be part of a united Ireland . In Northern Ireland, the term "nationalist" is used to refer either to the Catholic population in general or to the supporters of the moderate Social Democratic and Labour Party . "Nationalism" in this restricted meaning refers to
10374-623: The constitutional authority to appoint a lawyer as King's Counsel. During the reign of a queen, the title is properly "Her Majesty's Counsel learned in the law" but normally referred to as "Queen's Counsel" and abbreviated "Q.C." in English or "c.r." in French ( conseiller de la reine or conseillère de la reine for a female counsel). During the reign of a king, the title is "King's Counsel" or "K.C." in English, but continues to be "c.r." in French ( conseillier du roi or conseillière du roi ). Lawyers continue to be appointed King's Counsel by
10507-678: The country. They were sponsored by the French Republic , which was then the enemy of the Holy See . The United Irishmen led the Irish Rebellion of 1798 , which was repressed with great bloodshed. As a result, the Irish Parliament voted to abolish itself in the Act of Union of 1800 –01 and thereafter Irish Members of Parliament sat in London. Two forms of Irish nationalism arose from these events. One
10640-479: The deadlock was established in July 1917 by the British Prime Minister, Lloyd George , its members both nationalists and unionists tasked with finding a means of implementing Home Rule. However, Sinn Féin refused to take part in the convention as it refused to discuss the possibility of full Irish independence. The Ulster unionists led by Edward Carson insisted on the partition of six Ulster counties from
10773-472: The designation is regulated by formal statute, such as, for example, "King's Counsel Act" of British Columbia, that requires the candidates to have a minimum five years of experience, and to have made an outstanding contribution to the practice of law with high professional standards and good character and repute. The attorney general , solicitor-general and king's serjeants were King's Counsel in Ordinary in
10906-548: The existing first-past-the-post system was not perfect), and to the notion that citizens have the right to ignore unjust laws . Dicey viewed the necessity of establishing a stable legal system as more important than the potential injustice that would occur from following unjust laws. In spite of this, he did concede that there were circumstances in which it would be appropriate to resort to an armed rebellion but stated that such occasions are extremely rare. King%27s Counsel A King's Counsel ( post-nominal initials KC )
11039-414: The federal government and by nine of the ten Canadian provinces . The award has been criticised in the past on the basis that appointment as King's Counsel depended largely on political affiliation. However, in those provinces which continue to appoint lawyers as King's Counsel reforms have been made to de-politicise the award. Candidates are increasingly screened by committees composed of representatives of
11172-737: The first Professors of Law at the LSE Law School , and a leading constitutional scholar of his day. Dicey popularised the phrase " rule of law ", although its use goes back to the 17th century. Dicey was born on 4 February 1835. His father was Thomas Edward Dicey, senior wrangler in 1811 and proprietor of the Northampton Mercury and Chairman of the Midland Railway . His mother was Annie Marie Stephen, daughter of James Stephen , Master in Chancery . Per his own words, Dicey owed everything to
11305-687: The first time through local elections to democratically run local affairs previously under the control of landlord dominated " Grand Juries ", and William O'Brien founding the United Irish League that year, did the Irish Parliamentary Party reunite under John Redmond in January 1900, returning to its former strength in the following September general election . The first decade of the twentieth century saw considerable advancement in economic and social development in rural Ireland, where 60% of
11438-586: The form of cultural nationalism based on the principles of national self-determination and popular sovereignty . Irish nationalists during the 18th, 19th, and 20th centuries such as the United Irishmen in the 1790s, Young Irelanders in the 1840s, the Fenian Brotherhood during the 1880s, Fianna Fáil in the 1920s, and Sinn Féin styled themselves in various ways after French left-wing radicalism and republicanism . Irish nationalism celebrates
11571-518: The government appointed seven lawyers as Queen's Counsel. All were employed in the federal public service. Since 2015, under the Trudeau Ministry , federal appointments as a Queen's Counsel (or King's Counsel since 8 September 2022) has been limited to the Attorney General of Canada . Jody Wilson-Raybould was appointed as Queen's Counsel when she served as Attorney General and David Lametti
11704-736: The government. By 1914, 75 per cent of occupiers were buying out their landlords' freehold interest through the Land Commission , mostly under the Land Acts of 1903 and 1909. O'Brien then pursued and won in alliance with the Irish Land and Labour Association and D.D. Sheehan , who followed in the footsteps of Michael Davitt, the landmark 1906 and 1911 Labourers (Ireland) Acts, where the Liberal government financed 40,000 rural labourers to become proprietors of their own cottage homes, each on an acre of land. "It
11837-581: The hierarchy of the Catholic Church were opposed to republican separatism on the grounds of its violent methods and secular ideology, while they usually supported non-violent reformist nationalism. Daniel O'Connell was the leader of the moderate tendency. O'Connell, head of the Catholic Association and Repeal Association in the 1820s, 1830s and 1840s, campaigned for Catholic Emancipation – full political rights for Catholics – and then Repeal of
11970-487: The land question had a nationalist resonance in Ireland as many Irish Catholics believed that land had been unjustly taken from their ancestors by Protestant English colonists in the 17th-century Plantations of Ireland . Indeed, the Irish landed class was still largely an Anglo-Irish Protestant group in the 19th century. Such perceptions were underlined in the Land league's language and literature. However, others would argue that
12103-589: The much-criticised "secret soundings" of judges and other establishment legal figures upon which the old system was based. This was held to be inappropriate and unfair given the size of the modern profession, as well as a possible source of improper government patronage (since the final recommendations were made by the Lord Chancellor, who is a member of the government), and discriminatory against part-time workers, women, and ethnic minorities. In November 2004, after much public debate in favour of and against retaining
12236-512: The name of the Crown. The result was that, until 1920 in England and Wales , KCs had to have a licence to appear in criminal cases for the defence. King's Counsel and serjeants were prohibited, at least from the mid-nineteenth century, from drafting pleadings alone; a junior barrister had to be retained. They could not appear in judges' chambers or inferior courts, either, other than in exceptional cases. They were not permitted to appear in court without
12369-569: The native Gaelic Irish and the Old English banding together in common cause, under the banner of Catholicism and Irish civic identity ("faith and fatherland"), hoping to protect their land and interests from the New English Protestant forces sponsored by England . This vision sought to overcome the old ethnic divide between Gaeil (the native Irish) and Gaill (the Normans) which had been
12502-477: The number of Queen's Counsel was seventy. In 1882, the number of Queen's Counsel was 187. The list of Queen's Counsel in the Law List of 1897 gave the names of 238, of whom hardly one third appeared to be in actual practice. In 1959, the number of practising Queen's Counsel was 181. In each of the five years up to 1970, the number of practising Queen's Counsel was 208, 209, 221, 236 and 262, respectively. In each of
12635-479: The option of changing their post-nominal to QC. With the death of Queen Elizabeth II, the Australian Bar Association confirmed that all existing Queen's Counsel would become King's Counsel automatically. When taking judicial office in a superior court, a barrister loses the title of King's Counsel and only regains it if new letters patent are issued after the person leaves office. Conversely, since
12768-584: The other hand, claims that "early modern Irish nationalism" began to be established after the Flight of the Earls (1607), based on the concepts of "the indivisibility of Gaelic cultural integrity, territorial sovereignty, and the interlinking of Gaelic identity with profession of the Roman Catholic faith". The exclusively Protestant Parliament of Ireland of the eighteenth century repeatedly called for more autonomy from
12901-681: The poet John McDonald 's stated aim was "to hasten, as far as in my power lay, Ireland's deliverance". Other organisations promoting the Irish language or the Gaelic Revival were the Gaelic League and later Conradh na Gaeilge . The Gaelic Athletic Association was also formed in this era to promote Gaelic football , hurling , and Gaelic handball ; it forbade its members to play English sports such as association football , rugby union , and cricket . Most cultural nationalists were English speakers, and their organisations had little impact in
13034-494: The population continued to speak English. The cultural Gaelic aspect did not extend into actual politics; while nationalists were interested in the surviving Chiefs of the Name , the descendants of the former Gaelic clan leaders, the chiefs were not involved in politics, nor noticeably interested in the attempt to recreate a Gaelic state. Although Parnell and some other Home Rulers, such as Isaac Butt , were Protestants, Parnell's party
13167-462: The population lived. The introduction of local self-government in 1898 created a class of experienced politicians capable of later taking over national self-government in the 1920s. The Land Purchase (Ireland) Act 1903 (the Wyndham Act), passed largely through the efforts of William O'Brien, abolished landlordism , and made it easier for tenant farmers to purchase lands, financed and guaranteed by
13300-607: The post" voting system did not win a proportional share of seats. Unionists (including Unionist Labour) votes were 305,206 (30.2%) The Sinn Féin MPs refused to take their seats in Westminster, 27 of these (the rest were either still imprisoned or impaired) setting up their own Parliament called the Dáil Éireann in January 1919 and declared the Irish Republic to be in existence. Nationalists in
13433-414: The prestige of the serjeants and their priority before the courts. The earliest English law list, published in 1775, lists 165 members of the Bar, of whom 14 were King's Counsel, a proportion of about 8.5%. As of 2010 roughly the same proportion existed, though the number of barristers had increased to about 12,250 in independent practice (i.e., excluding pupil barristers and employed barristers). In 1839,
13566-551: The process involves a committee made up of senior members of the State's bar, and usually a non-practising former barrister such as a retired judge. The committee then consults with judges, peers, and law firms on the applicant's suitability for the position. The selection committee deliberates in private, and reasons for the decisions are not published. From 1993, the Commonwealth and most state and territory governments began to replace
13699-470: The profession, giving the holder certain rights and privileges in the courts. They were ranked as senior counsel, and took precedence in argument after the Attorney General and the Solicitor General of England. Barristers who were not King's (or Queen's) Counsel were termed junior barristers , and followed senior barristers in argument. King's (or Queen's) Counsel normally always appeared in courts with
13832-443: The profession, or have done outstanding work in legal scholarship. In 2020, the province designated twenty-six lawyers as Queen's Counsel, from a group of 136 nominees. Irish nationalism Irish nationalism is a nationalist political movement which, in its broadest sense, asserts that the people of Ireland should govern Ireland as a sovereign state . Since the mid-19th century, Irish nationalism has largely taken
13965-437: The professional eminence of the counsel upon whom it is conferred. Until the late 19th century, some barristers were granted a patent of precedence in order to obtain the same precedence as a KC without the concomitant restrictions. King's Counsel were originally considered an office of profit and hence, under the Act of Settlement 1701 , incompatible with membership of the House of Commons . KCs were also required to take
14098-510: The provincial Cabinet on the advice of the Attorney General of British Columbia . No more than 7% of the bar of British Columbia can be awarded the designation. Before making the recommendation to Cabinet, the Attorney General is required by statute to consult with the Chief Justice of British Columbia , the Chief Justice of the Supreme Court of British Columbia , and two lawyers appointed by
14231-532: The rest of Ireland, stating that the 1916 rebellion proved a parliament in Dublin could not be trusted. The convention's work was disrupted in March 1918 by Redmond's death and the fierce German spring offensive on the Western Front, causing Britain to attempt to contemplate extending conscription to Ireland. This was extremely unpopular, opposed both by the Irish Parliamentary Party under its new leader John Dillon ,
14364-399: The south of Ireland, impatient with the lack of progress on Irish self-government, tended to ignore the unresolved and volatile Ulster situation, generally arguing that unionists had no choice but to ultimately follow. On 11 September 1919, the British proscribed the Dáil, which had met nine times by then, declaring it an illegal assembly, Ireland being still part of the United Kingdom. In 1919,
14497-458: The time of the partition of Ireland most of the island was Roman Catholic and largely indigenous, while a sizeable portion of the country, particularly in the north, was Protestant and chiefly descended from people of Great Britain who colonised the land as settlers during the reign of King James I in 1609. Partition was along these ethno-religious lines, with most of Ireland gaining independence, while six northern counties remained part of
14630-408: The title of Queen's Counsel and appointment by letters patent with the title Senior Counsel as an honorific conferred by the legal profession, a trend that would reverse in the 2010s. There is no difference in status between a King's Counsel and a Senior Counsel. The first states to change to the title of Senior Counsel were New South Wales in 1993 and Queensland in 1994. Most other states and
14763-459: The title, the government announced that appointments of Queen's Counsel in England would be resumed but that future appointees would be chosen not by the government but by a nine-member panel, the Queen's Counsel Selection Panel , chaired by a lay person, to include two barristers, two solicitors, one retired judge, and three non-lawyers. Formally, the appointment remains a royal one made on the advice of
14896-420: The two senior king's serjeants, and 1813, respectively. King's Counsel came to prominence during the early 1830s, prior to which they were relatively few in number. It became the standard means to recognise a barrister as a senior member of the profession, and the numbers multiplied accordingly. It became of greater professional importance to become a KC, and the serjeants gradually declined. The KCs inherited
15029-486: The use of force, but he could do little to affect the cycle of violence between IRA guerrillas and Crown forces that emerged over 1919–1920. The military conflict produced only a handful of killings in 1919, but steadily escalated from the summer of 1920 onwards with the introduction of the paramilitary police forces, the Black and Tans and Auxiliary Division into Ireland. From November 1920 to July 1921, over 1000 people died in
15162-406: The west faced the prospect of another famine in the harsh winter of 1879. At first, the Land League campaigned for the " Three Fs " – fair rent, free sale and fixity of tenure. Then, as prices for agricultural products fell further and the weather worsened in the mid-1880s, tenants organised themselves by withholding rent during the 1886–1891 Plan of Campaign movement. Militant nationalists such as
15295-461: The wisdom and firmness of his mother. His elder brother was Edward James Stephen Dicey . He was also a cousin of Leslie Stephen and Sir James Fitzjames Stephen . Dicey was educated at King's College School in London and Balliol College, Oxford , graduating with Firsts in classical moderations in 1856 and in literae humaniores in 1858. In 1860 he won a fellowship at Trinity College, Oxford , which he forfeited upon his marriage in 1872. He
15428-401: The work of the junior bar, which could not be excluded by the retention of leading counsel. By the end of the twentieth century, however, all of these rules had been abolished. Appointment as QC has been said to be a matter of status and prestige only, with no formal disadvantages. In the 21st century, King's Counsel continue to have the seniority in audience, following the Attorney General and
15561-408: The years 1973 to 1978, the number of practising Queen's Counsel was 329, 345, 370, 372, 384 and 404, respectively. In 1989, the number of practising Queen's Counsel was 601. In each of the years 1991 to 2000, the number of practising Queen's Counsel was 736, 760, 797, 845, 891, 925, 974, 1006, 1043, and 1072, respectively. In the 19th century in England, the position was primarily one of rank within
15694-576: Was called to the bar by the Inner Temple in 1863, subscribed to the Jamaica Committee around 1865, and was appointed to the Vinerian Chair of English Law at Oxford in 1882, a post he held until 1909. In his first major work, the seminal Introduction to the Study of the Law of the Constitution , he outlined the principles of parliamentary sovereignty for which he is most known. He argued that
15827-513: Was a radical movement, known as Irish republicanism . It believed the use of force was necessary to found a secular, egalitarian Irish republic, advocated by groups such as the Young Irelanders , some of whom launched a rebellion in 1848. The other nationalist tradition was more moderate, urging non-violent means to seek concessions from the British government. While both nationalist traditions were predominantly Catholic in their support base,
15960-729: Was allegedly sworn into the secret Irish Republican Brotherhood in May 1882. However, the fact that he chose to stay in Westminster following the expulsion of 29 Irish MPs (when those in the Clan expected an exodus of nationalist MPs from Westminster to set up a provisional government in Dublin) and his failure in 1886 to support the Plan of Campaign (an aggressive agrarian programme launched to counter agricultural distress), marked him as an essentially constitutional politician, though not averse to using agitational methods as
16093-555: Was also going to reinstate the title of Queen's Counsel, and most eligible took the opportunity. The Commonwealth appointed Queen's Counsel until March 2007. On 8 July 2010, Gillard government Attorney-General Robert McClelland appointed the first Commonwealth "Senior Counsel". In March 2014, Attorney-General George Brandis QC announced that the Commonwealth would revert to using the title of Queen's Counsel for new appointments and would give all existing Commonwealth Senior Counsel
16226-470: Was appointed a Queen's Counsel on 15 April 2019. However, Arif Virani , Attorney General of Canada since July 2023, does not appear to have received a federal King's Counsel appointment. The provincial Cabinet appoints lawyers, of at least 10 years' standing, as King's Counsel. Traditionally, the appointments are made every second year, but no appointments were made between 2016 and 2020. The nomination process resumed in 2019. Applications are reviewed by
16359-517: Was approved, and the names of the first appointees were published in the Edinburgh Gazette on September 3, 1897. By decision of Lord President Robertson , these first Scottish Queen's Counsel were not required to make a declaration not to act against the Crown, and so Scottish King's Counsel have never been required to obtain a licence to plead in order to do so. In 2005, there were more than 150 QCs in Scotland. The appointment of King's Counsel
16492-526: Was criticised by some as a breach of the protocol against "courtesy silk". Similarly when Harriet Harman was appointed as Solicitor General she was made a QC. Suella Braverman took silk on 25 February 2020; earlier that month she had, like Wright, been appointed Attorney General. Upon the death of Queen Elizabeth II and the succession of Charles III , the General Council of the Bar wrote that all QC titles changed to KC "with immediate effect". This
16625-648: Was discredited after Home Rule had been suspended at the outbreak of World War I, in the belief that the war would be over by the end of 1915, then by the severe losses suffered by Irish battalions in Gallipoli at Cape Helles and on the Western Front . They were also damaged by the harsh British response to the Easter Rising, who treated the rebellion as treason in time of war when they declared martial law in Ireland. Moderate constitutional nationalism as represented by
16758-467: Was divided over the attitude of their leadership to Ireland's involvement in World War I. The majority followed John Redmond in support of the British and Allied war effort, seeing it as the only option to ensure the enactment of Home Rule after the war, Redmond saying "you will return as an armed army capable of confronting Ulster's opposition to Home Rule". They split off from the main movement and formed
16891-797: Was limited by the prospect of partition of Ireland between north and south. This idea had first been mooted under the Second Home Rule Bill in 1893. In 1912, following the entry of the Third Home Rule Bill through the House of Commons, unionists organised mass resistance to its implementation, organising around the " Ulster Covenant ". In 1912 they formed the Ulster Volunteers , an armed wing of Ulster Unionism who stated that they would resist Home Rule by force. British Conservatives supported this stance. In addition, in 1914 British officers based at
17024-636: Was not a matter of decision by the Bar Council, nor by the Crown Office. It is the automatic effect of the Demise of the Crown Act 1901 , s 1. King's Counsel are retained in several Commonwealth realms where Charles III is head of state . Appointments in the Commonwealth of Australia are made at both a federal and state level. The selection process varies from state to state. In New South Wales , for example,
17157-584: Was not eliminated until 1884, half a century after the establishment of the Judicial Committee. Gradually, the appointment as King's Counsel or Queen's Counsel shifted from a vocational calling to a badge of honour and prestige. In 1898, Lord Watson noted in his opinion in Attorney General of the Dominion of Canada v. Attorney General for the Province of Ontario, writing on behalf of the Judicial Committee of
17290-542: Was notable for being both inclusive and nationalist as many of its members were descended from the Anglo/Irish minority. Many other nationalists such as Samuel Neilson , Theobald Wolfe Tone and Robert Emmet were also descended from plantation families which had arrived in Ireland since 1600. From Grattan in the 1770s to Parnell up to 1890, nearly all the leaders of Irish separatism were Protestant nationalists . Modern Irish nationalism with democratic aspirations began in
17423-576: Was overwhelmingly Catholic. At local branch level, Catholic priests were an important part of its organisation. Home Rule was opposed by Unionists (those who supported the Union with Britain), mostly Protestant and from Ulster under the slogan, "Home Rule is Rome Rule ." At the time, some politicians and members of the British public would have seen this movement as radical and militant. Detractors quoted Charles Stewart Parnell's Cincinnati speech in which he claimed to be collecting money for "bread and lead". He
17556-606: Was passed it "would be a political crime lacking all moral and constitutional authority...the voice of the present House of Commons was not the voice of the nation." He was thus bitterly disillusioned by the Anglo-Irish Treaty agreement in 1921 that Southern Ireland should become a self-governing dominion (the Irish Free State ), separate from the United Kingdom. Dicey was also vehemently opposed to women's suffrage , proportional representation (while acknowledging that
17689-452: Was receptive to Jeremy Bentham 's brand of individualist liberalism and welcomed the extension of the franchise in 1867. He was affiliated with the group known as the "University Liberals", who composed the Essays on Reform and was not ashamed to be labeled a Radical. Dicey held that "personal liberty is the basis of national welfare." He treated Parliamentary sovereignty as the central premise of
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