The UK Supreme Court has delivered a decisive blow to a legal attempt aimed at breaking the political deadlock in Northern Ireland, unanimously dismissing a case that sought to force the government's hand on restoring power-sharing.
In a ruling with significant implications for devolution, the five justices rejected the judicial review application brought by a Belfast-based social enterprise, the Northern Ireland Community Foundation. The group had argued that the government was failing in its legal duty to promote and protect the 1998 Good Friday Agreement by not taking "all steps necessary" to reinstate the Executive.
A Question for the Politicians, Not the Courts
Lord Stephens, delivering the judgment, stated that the Northern Ireland (Executive Formation etc) Act 2022 did not impose a legally enforceable duty on the government. Instead, he emphasised that the question of how to restore devolved government was a "political judgment" to be determined by ministers and parliament, not the courts.
"The court’s role is to interpret and apply the law, not to make political decisions," the judgment read, underscoring the separation of powers.
The Lingering Political Crisis
The case was a direct response to the ongoing suspension of the Stormont Assembly and Executive, which has not been fully operational for over two years. The Democratic Unionist Party (DUP) has been blocking the institutions in protest against post-Brexit trading arrangements, known as the Windsor Framework.
DUP leader Sir Jeffrey Donaldson has been engaged in negotiations with the UK government, seeking further assurances over Northern Ireland's place within the UK internal market. The political impasse has left Northern Ireland without a functioning government, straining public services and governance.
The Supreme Court's ruling effectively closes the legal avenue for resolving the crisis, placing the responsibility firmly back on politicians in Belfast and Westminster to find a negotiated solution and end one of the longest periods of political stalemate in Northern Ireland's recent history.
