Echr And Irish Law

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ECHR and Irish Law

Author : Ursula Kilkelly
Publisher : Jordan Publishing (GB)
ISBN 13 :
Total Pages : 436 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis ECHR and Irish Law by : Ursula Kilkelly

Download or read book ECHR and Irish Law written by Ursula Kilkelly and published by Jordan Publishing (GB). This book was released on 2004 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: ECHR and Irish Law is a major new work examining the likely impact of the European Convention on Human Rights Act 2003 on Irish law. The work begins with a discussion of the way in which the ECHR has been incorporated into Irish law and compares this with other models, including the UK, and examines the possibilities as well as limitations of this particular form of incorporation. The ways in which the Act will operate in practice and the remedies available for breach are examined in detail. There follows an examination of the likely effect of the new Act upon individual areas of Irish law, examining the current compatibility of existing structures and the possibilities for raising Convention issues in these areas. Individual areas of law covered in this new book include: refugee law; child and family law; detention and custody; discrimination; criminal law; privacy and the media; and property, housing and environment. Written by a team of leading experts in their respective fields, ECHR and Irish Law provides an authoritative account of the incorporation of the ECHR and the likely impact on Irish Law, with a detailed analysis of relevant ECHR case law.

Ireland and the European Convention on Human Rights: 60 Years and Beyond

Author : Suzanne Egan
Publisher : Bloomsbury Professional
ISBN 13 : 9781780434728
Total Pages : 0 pages
Book Rating : 4.4/5 (347 download)

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Book Synopsis Ireland and the European Convention on Human Rights: 60 Years and Beyond by : Suzanne Egan

Download or read book Ireland and the European Convention on Human Rights: 60 Years and Beyond written by Suzanne Egan and published by Bloomsbury Professional. This book was released on 2014-10-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book 2013 marks the 60th anniversary of Ireland's ratification of the European Convention on Human Rights and the 10th anniversary of the Convention's incorporation into domestic law, by means of the ECHR Act 2003. It contains a wealth of essays and articles by leading experts which examine Ireland's engagement with the European Convention on Human Rights at international level down through the years as well as the extent to which the case law of the European Court of Human Rights has influenced domestic human rights law and administrative action through the vehicle of the 2003 Act. It analyses current Strasbourg jurisprudence on key issues and project its likely implications on law and policy in the Contracting States, with particular reference to Irish domestic law. The book addresses the difficult questions that arise for judges in both jurisdictions following the constitutionalisation of the European Union's Charter of Fundamental Rights in 2009 and the revised agreement of the EU's accession to the ECHR. The impact of the ECHR in Irish law is a particularly rich subject for analysis, given the strong tradition of rights review by the Irish judiciary in interpreting the fundamental rights guarantees in the Irish Constitution. While the Irish statute is superficially similar to the Human Rights Act in the United Kingdom, the context in which it operates is radically different, given the pre-eminent role of the Irish Constitution in shaping domestic human rights law. As well as outlining the specific domestic context in which the ECHR operates in Ireland, the book also includes comparative insights from the United Kingdom context as to the impact of the Human Rights Act to date in that jurisdiction. Additional themes of the book include the development of ECHR jurisprudence and its effects in the domestic setting on asylum, immigration, criminal justice, children, mental health patients, gender recognition and the limits and potential of the ECHR as regards combating poverty.

Lawless v Ireland (1957–1961): The First Case Before the European Court of Human Rights

Author : Brian Doolan
Publisher : Routledge
ISBN 13 : 1351791516
Total Pages : 431 pages
Book Rating : 4.3/5 (517 download)

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Book Synopsis Lawless v Ireland (1957–1961): The First Case Before the European Court of Human Rights by : Brian Doolan

Download or read book Lawless v Ireland (1957–1961): The First Case Before the European Court of Human Rights written by Brian Doolan and published by Routledge. This book was released on 2019-06-11 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2001. The case of Lawless v Ireland is a landmark in the development of human rights jurisprudence. Stemming from the introduction of detention without trial by the Irish government in response to the resurgence of political violence, much of the material relevant to the case brought before the European Court of Human Rights, has remained closed to public scrutiny. This book is the first to provide a detailed documentary of the case, assessing the adequacy of the investigatory processes provided under the European Convention and questioning whether the factual conclusions reached by the European Commission on Human Rights were correct. In what will be an essential reference for academics and students of human rights, the book raises doubts as to whether the Strasbourg institutions, established to rectify national breaches of human rights, might in fact have perpetrated an international miscarriage of justice.

Principles of Irish Human Rights Law

Author : Elaine Dewhurst
Publisher :
ISBN 13 : 9781905536504
Total Pages : 0 pages
Book Rating : 4.5/5 (365 download)

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Book Synopsis Principles of Irish Human Rights Law by : Elaine Dewhurst

Download or read book Principles of Irish Human Rights Law written by Elaine Dewhurst and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As part of the successful "Principles" series, Clarus Press has published Principles of Irish Human Rights Law: the first student textbook in Ireland dedicated to the direct comparison of the Irish and European systems for the protection of human rights. Designed and written specifically for students of human rights law, the book discusses and analyzes each key 'human right' in turn. Each right is examined through the three primary human rights instruments: the Irish Constitution, the European Convention on Human Rights (ECHR), and the Charter of Fundamental Rights. Each instrument is examined and explained, giving an overview of the particular right, discussing and analyzing in which situations that the right is engaged, and including an examination of situations which constitute an interference with the right and what justifications may arise for such interferences. Principles of Irish Human Rights Law examines the often-neglected area of procedural issues, including the initial application of human rights instruments in Ireland, together with their territorial and extra-territorial jurisdiction. In addition, the book looks at the effect of the Charter of Fundamental Rights together with the future of the Irish Constitution and the ECHR. This book is a must for all students of human rights law and related subjects. It will also be an invaluable resource for all lawyers requiring a reference to human rights issues as a comprehensive yet accessible text aiding clearer understanding of the application of human rights in Ireland.

Human Rights Law

Author : Bríd Moriarty
Publisher : Oxford University Press, USA
ISBN 13 : 0199652074
Total Pages : 481 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Human Rights Law by : Bríd Moriarty

Download or read book Human Rights Law written by Bríd Moriarty and published by Oxford University Press, USA. This book was released on 2012-08-09 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human Rights Law provides thorough coverage of human rights issues, offering a practical text for trainee solicitors and practitioners in Ireland. This fourth edition has been fully updated to cover recent developments in the field.

EU Law in Ireland

Author : Elaine Fahey
Publisher :
ISBN 13 : 9781905536306
Total Pages : 0 pages
Book Rating : 4.5/5 (363 download)

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Book Synopsis EU Law in Ireland by : Elaine Fahey

Download or read book EU Law in Ireland written by Elaine Fahey and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Irish legal order, there is a rapid increase in the amount of case law on European Union law. This book analyzes the key case laws, texts, and commentaries in a diversity of EU law-related subject areas, and it provides an up-to-date and comprehensive collection of materials on EU law. The standard published texts in EU law do not include any materials as to the Irish legal order, and research considering the operation of EU law in the national courts has frequently excluded data as to Ireland on the basis of a paucity of case law. However, in recent years, there has been a major increase in case law in this area from the Irish Superior Courts and a large increase in EU Regulations and Directives in Irish law. A collection of key case law and materials is now a timely one. A mini-schedule of relevant primary legislation and constitutional texts are included in the book, which will be of major interest to students, academics, practitioners, and government/public servants.

Irish Journal of European Law

Author :
Publisher :
ISBN 13 :
Total Pages : 476 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Irish Journal of European Law by :

Download or read book Irish Journal of European Law written by and published by . This book was released on 1998 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Explanatory Report on Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms

Author : Council of Europe
Publisher : Council of Europe
ISBN 13 : 9789287107596
Total Pages : 26 pages
Book Rating : 4.1/5 (75 download)

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Book Synopsis Explanatory Report on Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms by : Council of Europe

Download or read book Explanatory Report on Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms written by Council of Europe and published by Council of Europe. This book was released on 1985-01-01 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Ireland & the UK in the European Union and European Convention on Human Rights

Author : Cian C. Murphy
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Ireland & the UK in the European Union and European Convention on Human Rights by : Cian C. Murphy

Download or read book Ireland & the UK in the European Union and European Convention on Human Rights written by Cian C. Murphy and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper critically examines the operation of European Union (EU) law and the European Convention on Human Rights (ECHR) in Ireland and the UK. Ireland has a colourful history in both the EU and ECHR. Since its accession in 1973, Ireland has provided the EU with both legal and constitutional challenges. Furthermore, while it only transposed the Convention into domestic law in 2003, Ireland offered the European Court of Human Rights (ECtHR) its first case, one of its few interstate cases, and the opportunity to offer its most recent thoughts on the relationship between EU law and the ECHR. The UK's relationship with the EU has been fraught with acrimony. Similarly, despite the leading role played by Britain in the Council of Europe, the eventual implementation of the ECHR in British law in 1998 has been portrayed as European interference with the UK legal system. Nonetheless, the peculiar nature of the UK legal system and its interaction with both EU and ECHR law makes for an interesting case study. This report critically compares Irish and British implementation of European law. Section 2 examines the legal effects of EU membership in the two jurisdictions. Section 3 considers Irish and UK membership of the ECHR and implementation of the Convention in the domestic law of the two states. In section 4, judicial application of European law in the two jurisdictions is critically compared. Section 5 draws the various strands together to conclude that Irish and British implementation of both forms of European law remains idiosyncratic. While European law has undoubtedly affected the two legal systems, its influence continues to be filtered through the unique constitutional arrangements of the two states.

The Irish Law Review

Author :
Publisher :
ISBN 13 :
Total Pages : 252 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Irish Law Review by :

Download or read book The Irish Law Review written by and published by . This book was released on 1993 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt:

OSCOLA Ireland

Author : Rónán Kennedy
Publisher : Lulu.com
ISBN 13 : 1365075478
Total Pages : 56 pages
Book Rating : 4.3/5 (65 download)

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Book Synopsis OSCOLA Ireland by : Rónán Kennedy

Download or read book OSCOLA Ireland written by Rónán Kennedy and published by Lulu.com. This book was released on 2016-04-28 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: OSCOLA Ireland is a comprehensive citation system for Irish lawyers and law students, based on the OSCOLA (Oxford Standard for the Citation of Legal Authorities) standard. OSCOLA has been adapted and amended in a manner which makes it relevant and useful in an Irish context, using, in the main, Irish examples.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

Author : Anneli Albi
Publisher : Springer
ISBN 13 : 9462652732
Total Pages : 1522 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law by : Anneli Albi

Download or read book National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law written by Anneli Albi and published by Springer. This book was released on 2019-05-29 with total page 1522 pages. Available in PDF, EPUB and Kindle. Book excerpt: This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

The Irish Supreme Court

Author : Brice Dickson
Publisher : Oxford University Press
ISBN 13 : 0192512463
Total Pages : 431 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Irish Supreme Court by : Brice Dickson

Download or read book The Irish Supreme Court written by Brice Dickson and published by Oxford University Press. This book was released on 2019-01-17 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Development of International Law by the European Court of Human Rights

Author : J. G. Merrills
Publisher : Manchester University Press
ISBN 13 : 9780719026652
Total Pages : 294 pages
Book Rating : 4.0/5 (266 download)

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Book Synopsis The Development of International Law by the European Court of Human Rights by : J. G. Merrills

Download or read book The Development of International Law by the European Court of Human Rights written by J. G. Merrills and published by Manchester University Press. This book was released on 1988 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Human Rights: Perspectives from Ireland

Author : Suzanne Egan
Publisher : Bloomsbury Publishing
ISBN 13 : 178451067X
Total Pages : 448 pages
Book Rating : 4.7/5 (845 download)

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Book Synopsis International Human Rights: Perspectives from Ireland by : Suzanne Egan

Download or read book International Human Rights: Perspectives from Ireland written by Suzanne Egan and published by Bloomsbury Publishing. This book was released on 2015-12-03 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Human Rights: Perspectives from Ireland examines Ireland's engagement with, and influence of, the international human rights regime. International human rights norms are increasingly being taken into account by legislators, courts and public bodies in taking decisions and implementing actions that impact on human rights. Featuring chapters by leading Irish and international academic experts, practitioners and advocates, the book combines theoretical as well as practical analysis and integrates perspectives from a broad range of actors in the human rights field.

Constitutional Law in Ireland

Author : Laura Cahillane
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403529210
Total Pages : 215 pages
Book Rating : 4.4/5 (35 download)

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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.

The European Convention on Human Rights in Ireland

Author :
Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.:/5 (822 download)

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Book Synopsis The European Convention on Human Rights in Ireland by :

Download or read book The European Convention on Human Rights in Ireland written by and published by . This book was released on 2010 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt: