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Partition by Degrees: Routine Exceptions in Border and Immigration Practice between the UK and Ireland, 1921–1972

Lookup NU author(s): Professor Colin MurrayORCiD



This is the authors' accepted manuscript of an article that has been published in its final definitive form by Wiley, 2020.

For re-use rights please refer to the publisher's terms and conditions.


Using archival materials we reflect on the legal process of creating (and mitigating) a border in Ireland after partition in 1922 and interactions between those laws and the people they affected. After 1922 superficially durable exceptions developed to the territorial state’s distinctions between citizens and foreign nationals under the aegis of the Common Travel Area. They survived the 1930s UK-Ireland “Economic War”, were sustained (if in a restricted form) during the Second World War and rebuilt in its aftermath. These arrangements proved beneficial for both countries, providing an outlet for surplus labour for Ireland and a resource for the UK economy. We nonetheless explore how far practice reflected this overarching cooperative framework, particularly given the complications introduced by the policies of Northern Ireland’s institutions.

Publication metadata

Author(s): Murray C, Wincott D

Publication type: Article

Publication status: Published

Journal: Journal of Law and Society

Year: 2020

Volume: 47

Issue: 1

Pages: S145-S163

Print publication date: 01/10/2020

Online publication date: 20/09/2020

Acceptance date: 01/06/2020

Date deposited: 01/12/2020

ISSN (print): 0263-323X

ISSN (electronic): 1467-6478

Publisher: Wiley


DOI: 10.1111/jols.12246


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