Judges, politics and the Irish Constitution

Judges, politics and the Irish Constitution
Author: Laura Cahillane
Publisher: Manchester University Press
Total Pages: 416
Release: 2017-02-28
Genre: Law
ISBN: 1526108208

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This volume brings together academics and judges to consider ideas and arguments flowing from the often complex relationships between law and politics, adjudication and policy-making, and the judicial and political branches of government. Contributors explore numerous themes, including the nature and extent of judicial power, the European Court of Human Rights decision in O'Keeffe v Ireland, the process of appointing judges and judicial representation, judicial power and political processes. Contrasting judicial and academic perspectives are provided on the role of the European Court of Human Rights and the nature of exhausting domestic remedies, including a contribution from the late Mr. Justice Adrian Hardiman. The role of specific judges, social and political disputes and case law are examined and socio-economic rights, the rule of law and electoral processes are all addressed.

The political theory of the Irish Constitution

The political theory of the Irish Constitution
Author: Eoin Daly
Publisher: Manchester University Press
Total Pages: 319
Release: 2015-07-01
Genre: Political Science
ISBN: 0719098866

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The political theory of the Irish Constitution considers Irish constitutional law and the Irish constitutional tradition from the perspective of Republican theory. It analyses the central devices and doctrines of the Irish Constitution – popular sovereignty, constitutional rights and judicial review – in light of Republican concepts of citizenship and civic virtue. The Constitution, it will argue, can be understood as a framework for promoting popular participation in government as much as a mechanism for protecting individual liberties. It will be of interest to students and researchers in Irish politics, political theory and constitutional law, and to all those interested in political reform and public philosophy in Ireland.

The Irish Supreme Court

The Irish Supreme Court
Author: Brice Dickson
Publisher: Oxford University Press
Total Pages: 431
Release: 2019-01-31
Genre: Law
ISBN: 0192512471

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This book examines the jurisprudence of the Supreme Court of Ireland since its creation in 1924. It sets out the origins of the Court, explains how it operated during the life of the Irish Free State (1922-1937), and considers how it has developed various fields of law under Ireland's 1937 Constitution, especially after the 're-creation' of the Court in 1961. As well as constitutional law, the book looks at the Court's views on the status and legal system of Northern Ireland, administrative law, criminal justice and personal and family law. There are also chapters on the Supreme Court's interaction with European Union law and with the European Convention on Human Rights. The argument throughout is that, while the Court has been well served by many of its judges, who on occasion have manifested a healthy degree of judicial activism, there are still several legal fields in which the Court has not developed its jurisprudence as clearly or as imaginatively as it might have done. It has often displayed undue conservatism and deference. For many years its performance was hampered by its extreme workload, generated by its inability to control the number of appeals brought to it. However, the creation of a new Court of Appeal in 2014 has freed up the Supreme Court to act in a manner more analogous to that adopted by supreme courts in other common law countries. The Court's future looks bright.

The Judges in Ireland, 1221-1921

The Judges in Ireland, 1221-1921
Author: Francis Elrington Ball
Publisher: The Lawbook Exchange, Ltd.
Total Pages: 810
Release: 2005
Genre: Judges
ISBN: 1584774282

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Ball, F. Elrington. The Judges in Ireland, 1221-1921. London: John Murray. [1926]. 2 volumes, each with frontispiece. Reprint available September 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-428-2. Cloth. $195. * "These interesting volumes serve a double purpose; they supply condensed biographies (in the style of the Dictionary of National Biography) of all who held judicial office in Ireland from the earliest days down to the new constitution, with references to sources and chronological tables. In short, they are the Irish counterpart to Foss's book, The Judges of England. And secondly, the general chapters are a careful history of the Irish judiciary, its members, their politics and connections, and the legal profession in general, with some remarks upon the history of the courts in Ireland. ": T.F.T. Plucknett, Harvard Law Review 41:275.

The Irish Constitution

The Irish Constitution
Author: Darrell Figgis
Publisher: Litres
Total Pages: 114
Release: 2021-12-02
Genre: Fiction
ISBN: 5040830467

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The New Irish Constitution: An Exposition and Some Arguments

The New Irish Constitution: An Exposition and Some Arguments
Author: Various
Publisher: Good Press
Total Pages: 449
Release: 2020-03-16
Genre: Fiction
ISBN:

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"The New Irish Constitution: An Exposition and Some Arguments," edited by J. H. Morgan, is a significant and informative ebook that delves into the intricacies of Ireland's constitutional development. Through a collection of diverse viewpoints and compelling arguments, this ebook presents readers with a comprehensive understanding of the new Irish constitution and its impact on the nation's political landscape. Morgan's careful curation of various perspectives provides readers with a well-rounded view of the debates and discussions that shaped the constitution's formulation. As Ireland navigates through this transformative phase of its history, this ebook serves as a valuable resource for anyone interested in exploring the intricacies of constitutional law and its implications for the future of the nation.

Kelly: The Irish Constitution

Kelly: The Irish Constitution
Author: Gerard Hogan
Publisher: Bloomsbury Publishing
Total Pages: 3184
Release: 2018-12-13
Genre: Law
ISBN: 1784516686

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This seminal work, recognised as the authoritative and definitive commentary on Ireland's fundamental law, provides a detailed guide to the structure of the Irish Constitution. Each Article is set out in full, in English and Irish, and examined in detail, with reference to all the leading Irish and international case law. It is essential reading for all who require knowledge of the Irish legal system and will prove a vital resource to legal professionals, students and scholars of constitutional and comparative law. This new edition is fully revised and reflects the substantive changes that have occurred in the 15 years since its last edition and includes expansion and major revision to cover the many constitutional amendments, significant constitutional cases, and developing trends in constitutional adjudication. The recent constitutional changes covered in this new edition include: * The 27th Amendment abolished the constitutional jus soli right to Irish Nationality. * The 28th Amendment allowed the State to ratify the Lisbon Treaty. * The 29th Amendment relaxed the prohibition on the reduction of the salaries of Irish judges. * The 30th Amendment allowed the State to ratify the European Fiscal Compact. * The 31st Amendment was a general statement of children's rights and a provision intended to secure the power of the State to take children into care. * The 33rd Amendment mandated a new Court of Appeal * The 34th Amendment prohibited restriction on civil marriage based on sex. * The 36th Amendment allowed the Oireachtas to legislate for abortion. New sections include a look at the impact of the Constitution on substantive criminal law, and a detailed treatment of the impact of Article 40.5, protecting the inviolability of the dwelling, on both criminal procedure and civil law. Other sections have been expanded with in-depth analysis of referendums, challenges to campaigns and results, coverage of Oireachtas privilege, changes in constitutional interpretation, private property rights, and judicial independence. In particular extensive rewriting has taken place on the section dealing with the provisions relating to the courts contained in Article 34 following the establishment of the Court of Appeal and the far-reaching changes to the appellate structure from the 33rd Amendment of the Constitution Act 2013.

Contesting Economic and Social Rights in Ireland

Contesting Economic and Social Rights in Ireland
Author: Thomas Murray
Publisher: Cambridge University Press
Total Pages: 407
Release: 2016-08-18
Genre: Law
ISBN: 1316684172

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This book presents a political understanding of socio-economic rights by contextualising constitution-makers' and judges' decision-making in terms of Ireland's rich history of people's struggles for justice 'from below' between 1848 and the present. Its theoretical framework incorporates critical legal studies and world-systems analysis. It performs a critical discourse analysis of constitution-making processes in 1922 and 1937 as well as subsequent property, trade union, family and welfare rights case law. It traces the marginalisation of socio-economic rights in Ireland from specific, local and institutional factors to the contested balance of core-peripheral and social relations in the world-system. The book demonstrates the endurance of ideological understandings of state constitutionalism as inherently neutral between interests. Unemployed marches, housing protestors and striking workers, however, provided important challenges and oppositional discourses. Recognising these enduring forms of power and ideology is vital if we are to assess critically the possibilities and limits of contesting socio-economic rights today.

The Irish Parliament

The Irish Parliament
Author: J.G. Swift MacNeill
Publisher:
Total Pages: 120
Release: 1886
Genre:
ISBN:

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