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Drafting The Irish Constitution 1935 1937
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Book Synopsis Drafting the Irish Constitution, 1935–1937 by : Donal K. Coffey
Download or read book Drafting the Irish Constitution, 1935–1937 written by Donal K. Coffey and published by Springer. This book was released on 2018-05-04 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second of two volumes, this book situates the drafting of the Irish Constitution within broader transnational constitutional currents. Donal K. Coffey pioneers a new method of draft sequencing in order to track early influences in the drafting process and demonstrate the importance of European influences such as the German, Polish, and Portuguese Constitutions to the Irish drafts. He also analyses the role that religion played in the drafting process, and considers the new institutions of state, such as the presidency and the senate, tracing the genesis of these institutions to other continental constitutions. Together with volume I, Constitutionalism in Ireland, 1932–1938, this book argues that the 1937 Constitution is only explicable within the context of the European and international trends which inspired it.
Book Synopsis Constitutionalism in Ireland, 1932–1938 by : Donal K. Coffey
Download or read book Constitutionalism in Ireland, 1932–1938 written by Donal K. Coffey and published by Springer. This book was released on 2018-05-17 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first of two volumes, this book examines constitutionalism in Ireland in the 1930s. Donal K. Coffey places the document and its drafters in the context of a turbulent decade for the United Kingdom, the Commonwealth, and Europe. He considers a series of key issues leading up to its drafting, including the failure of the 1922 Constitution, the rise of nationalism in the 1920s and 1930s, and the abdication of Edward VIII. He sketches the drafting process, examines the roles of individual drafters and their intellectual influences, and considers the Constitution’s public reception, both domestically and internationally. This book illuminates a critical moment in Irish history and the confluence of national, Commonwealth, and international influences that gave rise to it, for scholars of Irish history as well as of legal, constitutional, and Commonwealth history more broadly.
Book Synopsis Kelly: The Irish Constitution by : Gerard Hogan
Download or read book Kelly: The Irish Constitution written by Gerard Hogan and published by Bloomsbury Publishing. This book was released on 2018-12-13 with total page 3184 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Byrne and McCutcheon on the Irish Legal System by : Raymond Byrne
Download or read book Byrne and McCutcheon on the Irish Legal System written by Raymond Byrne and published by Bloomsbury Publishing. This book was released on 2021-01-12 with total page 1193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the DSBA Practical Law Book of the Year Award 2020 This seventh edition provides comprehensive treatment of the key elements of the legal system in Ireland, including the roles and regulation of legal practitioners, the organisation of the courts and the judiciary, and an analysis of the main sources of Irish law and their application in practice. It is essential reading for law students in Ireland, and practitioners will find it of great value. The seventh edition has been fully updated to reflect recent key developments including: Fundamental reform of the legal profession under the Legal Services Regulation Act 2015, The commencement of the main regulatory powers of the Legal Services Regulatory Authority and the establishment of the Office of the Legal Costs Adjudicator; The increasing impact of information technology on the legal profession and the courts, accelerated in 2020 by the Covid-19 pandemic; The establishment of the Judicial Council under the Judicial Council Act 2019, and the roles of its committees; Discussion of the system for appointing judges; The establishment of the Court of Appeal and the resulting impact on the Supreme Court; The Mediation Act 2017 and alternative dispute resolution in civil cases; The doctrine of precedent, including important case law from the Court of Appeal and the Supreme Court; Significant developments in making legislation more accessible online, and analysis of the case law on the interpretation of legislation; The impact of recent constitutional decisions, including case law on suspended declarations of unconstitutionality, and the constitutional amendments on marriage equality and abortion; Developments in EU law, including the potential impact of Brexit, and the growing impact on Irish law of more than 1,400 international agreements that Ireland has ratified.
Book Synopsis Law and Religion in Ireland, 1700-1970 by : Kevin Costello
Download or read book Law and Religion in Ireland, 1700-1970 written by Kevin Costello and published by Springer Nature. This book was released on 2021-10-29 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses, from a legal perspective, on a series of events which make up some of the principal episodes in the legal history of religion in Ireland: the anti-Catholic penal laws of the late seventeenth and early eighteenth century; the shift towards the removal of disabilities from Catholics and dissenters; the dis-establishment of the Church of Ireland; and the place of religion, and the Catholic Church, under the Constitutions of 1922 and 1937.
Book Synopsis The Centenary of the Irish Free State Constitution by : Laura Cahillane
Download or read book The Centenary of the Irish Free State Constitution written by Laura Cahillane and published by Springer Nature. This book was released on with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Cambridge Constitutional History of the United Kingdom: Volume 2, The Changing Constitution by : Peter Cane
Download or read book The Cambridge Constitutional History of the United Kingdom: Volume 2, The Changing Constitution written by Peter Cane and published by Cambridge University Press. This book was released on 2023-06-30 with total page 991 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis British Origins and American Practice of Impeachment by : Chris Monaghan
Download or read book British Origins and American Practice of Impeachment written by Chris Monaghan and published by Taylor & Francis. This book was released on 2023-12-12 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection brings together historians, political scientists and legal scholars to explore the Anglo-American origins of impeachment and its use in the USA. Impeachment originated in England during the Good Parliament of 1376. It was used, subject to several periods of disuse, until the beginning of the 19th century. The British form of impeachment in turn inspired the drafters of the US Constitution and the inclusion of a mechanism permitting the removal of members of the federal executive and federal judiciary. These Anglo-American origins of impeachment have inspired many constitutions around the globe to include impeachment mechanisms which permit, in most cases, the legislature to remove the President, a Prime Minister, ministers and judges. This volume explores the origins, influence and practice of impeachment. Divided into three parts, the history of impeachment and how it developed in British history is the focus of part one. The inclusion of Ireland reflects the constitutional status of impeachment, the legacy of union with Great Britain and how impeachment can still serve as a deterrent. Part two examines the adoption of impeachment within the US Constitution and its use in practice. The third and final part discusses impeachment in the 21st century. The book will be an essential resource for students, academics and researchers in law, political science and history.
Book Synopsis Constitutional Law in Ireland by : Laura Cahillane
Download or read book Constitutional Law in Ireland written by Laura Cahillane and published by Kluwer Law International B.V.. This book was released on 2020-12-20 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Ireland provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Ireland will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Book Synopsis The Constitution of Ireland by : Oran Doyle
Download or read book The Constitution of Ireland written by Oran Doyle and published by Bloomsbury Publishing. This book was released on 2018-11-29 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a contextual analysis of constitutional governance in Ireland. It presents the 1937 Constitution as a seminal moment in an ongoing constitutional evolution, rather than a foundational event. The book demonstrates how the Irish constitutional order revolves around a bipartite separation of powers. The Government is dominant but is legally constrained by the courts, particularly in their interpretations of the fundamental rights protected by the Constitution. In recent decades, the courts have weakened the constitutional constraints on the Government. Political constraints imposed by opposition parties in Parliament and new accountability institutions (such as the Ombudsman) have moderately strengthened but the Government remains by far the most powerful political actor. There is a risk that such executive dominance could lead to democratic decay; however, the referendum requirement for constitutional amendment has prevented Governments from accumulating greater constitutional power. The book begins with an overview of Irish constitutional history leading to the enactment of the 1937 Constitution, before exploring the foundational decisions made by the Constitution in relation to territory, people and citizenship. Particular attention is paid to the constitutional relationship with Northern Ireland, currently unsettled by the decision of the United Kingdom to leave the European Union. The book details the key institutions of state (Government, Parliament, President and courts), before analysing how different constitutional actors exercise their respective powers of governance, contestation and oversight. A thematic approach is taken to the courts' interpretation of fundamental rights, showing how judicial attitudes have markedly changed over time. Further attention is paid to both formal amendment and informal constitutional change. The Constitution today is markedly different from 1937: it is non-committal on national reunification, less influenced by Roman Catholic natural law teaching, and generally more permissive of Government action. It is perhaps these developments, however, that explain its continued success or, at least, its longevity.
Book Synopsis The Oxford Handbook of Religion in Modern Ireland by : Gladys Ganiel
Download or read book The Oxford Handbook of Religion in Modern Ireland written by Gladys Ganiel and published by Oxford University Press. This book was released on 2024-01-30 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a range of sociological, political, and historical perspectives on religion in Ireland from 1800 to the present. Going beyond the usual Catholicism-Protestantism dichotomy and adopting an all-island approach, the book's contributors address religion's interaction with several contemporary themes and debates in modern Ireland.
Book Synopsis Early Modern Ireland by : Sarah Covington
Download or read book Early Modern Ireland written by Sarah Covington and published by Routledge. This book was released on 2018-12-12 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Early Modern Ireland: New Sources, Methods, and Perspectives offers fresh approaches and case studies that push the field of early modern Ireland, and of British and European history more generally, into unexplored directions. The centuries between 1500 and 1700 were pivotal in Ireland’s history, yet so much about this period has remained neglected until relatively recently, and a great deal has yet to be explored. Containing seventeen original and individually commissioned essays by an international and interdisciplinary group of leading and emerging scholars, this book covers a wide range of topics, including social, cultural, and political history as well as folklore, medicine, archaeology, and digital humanities, all of which are enhanced by a selection of maps, graphs, tables, and images. Urging a reevaluation of the terms and assumptions which have been used to describe Ireland’s past, and a consideration of the new directions in which the study of early modern Ireland could be taken, Early Modern Ireland: New Sources, Methods, and Perspectives is a groundbreaking collection for students and scholars studying early modern Irish history.
Book Synopsis The Palgrave Handbook of Religion and State Volume II by : Shannon Holzer
Download or read book The Palgrave Handbook of Religion and State Volume II written by Shannon Holzer and published by Springer Nature. This book was released on 2023-11-20 with total page 779 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Palgrave Handbook of Religion and State Volume II: Global Perpectives addresses issues of Religion and State from a multitude of disciplines. The volume begins with the philosophical discussion of perennial issues that have to do with the origin and nature of rights. One question centers on the right to use one’s religious beliefs to enact laws. This discussion alone sets this handbook apart from other handbooks of its type. While addressing these perennial questions, this volume includes authors who interact with the work of John Rawls, Hobbes, Rousseau, and a host of contemporary philosophers. The subsequent sections address the American Constitutional Experiment, religion, state, and law in the Americas.
Book Synopsis Drafting the Irish Free State Constitution by : Laura Cahillane
Download or read book Drafting the Irish Free State Constitution written by Laura Cahillane and published by Manchester University Press. This book was released on 2016-07-01 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an account of the drafting of the Irish Free Constitution of 1922, analysing the document in its historical context and exploring the reasons for its lack of success
Book Synopsis The Transformation of EU Treaty Making by : Dermot Hodson
Download or read book The Transformation of EU Treaty Making written by Dermot Hodson and published by Cambridge University Press. This book was released on 2018-08-09 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigates the struggle between governments, parliaments, the people and courts over who participates in EU treaty making.
Book Synopsis The Australian Constitution and National Identity by : Anna Olijnyk
Download or read book The Australian Constitution and National Identity written by Anna Olijnyk and published by ANU Press. This book was released on 2023-05-11 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does Australia’s Constitution say about national identity? A conventional answer might be ‘not much’. Yet recent constitutional controversies raise issues about the recognition of First Peoples, the place of migrants and dual citizens, the right to free speech, the nature of our democracy, and our continuing connection to the British monarchy. These are constitutional questions, but they are also questions about who we are as a nation. This edited collection brings together legal, historical, and political science scholarship. These diverse perspectives reveal a wealth of connections between the Australian Constitution and Australia’s national identity.
Book Synopsis Experiments in International Adjudication by : Ignacio de la Rasilla
Download or read book Experiments in International Adjudication written by Ignacio de la Rasilla and published by Cambridge University Press. This book was released on 2019-03-28 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines many seminal experiments in international adjudication and the origins of several major existing international courts.
