The Constitution Of Ireland Perspectives And Prospects

Download The Constitution Of Ireland Perspectives And Prospects full books in PDF, epub, and Kindle. Read online The Constitution Of Ireland Perspectives And Prospects ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

The Constitution of Ireland: Perspectives and Prospects

Author : Eoin Carolan
Publisher : Bloomsbury Professional
ISBN 13 : 9781780431383
Total Pages : 526 pages
Book Rating : 4.4/5 (313 download)

DOWNLOAD NOW!

Book Synopsis The Constitution of Ireland: Perspectives and Prospects by : Eoin Carolan

Download or read book The Constitution of Ireland: Perspectives and Prospects written by Eoin Carolan and published by Bloomsbury Professional. This book was released on 2012-12-31 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution of Ireland: Perspectives and Prospects brings together a range of Irish and international commentators to examine some of the most significant current issues in Irish constitutional law. Based on a selection of the papers originally presented at a conference to mark the 75th anniversary of the enactment of the current Constitution of Ireland, the collection touches on many of the challenges facing Ireland today. These include: the possibilities for political and constitutional reform; the state of Ireland's democratic structures; national sovereignty in an era of international organisations; the role and conduct of referenda; questions of national identity and values; the meaning of modern Irish republicanism; and the place of religion in Irish society and government. The contributors describe how the Constitution has influenced developments in Ireland since 1937 and consider how it might continue to do so in the future. At a time when Ireland's political and constitutional structures are under review, The Constitution of Ireland: Perspectives and Prospects provides expert insight into these important questions.

The political theory of the Irish Constitution

Author : Eoin Daly
Publisher : Manchester University Press
ISBN 13 : 0719098866
Total Pages : 319 pages
Book Rating : 4.7/5 (19 download)

DOWNLOAD NOW!

Book Synopsis The political theory of the Irish Constitution by : Eoin Daly

Download or read book The political theory of the Irish Constitution written by Eoin Daly and published by Manchester University Press. This book was released on 2015-07-01 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

A Discourse Perspective on Bunreacht na hÉireann

Author : Davide Mazzi
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527557944
Total Pages : 160 pages
Book Rating : 4.5/5 (275 download)

DOWNLOAD NOW!

Book Synopsis A Discourse Perspective on Bunreacht na hÉireann by : Davide Mazzi

Download or read book A Discourse Perspective on Bunreacht na hÉireann written by Davide Mazzi and published by Cambridge Scholars Publishing. This book was released on 2020-08-11 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions tell us something about the shared values cherished by nations who adopt them. By reason of their significance for the countries where they are in force, constitutional texts may be approached from various perspectives, including political science and legal theory. In this book, a different angle is taken on the matter. As its object of study, the Constitution of Ireland is investigated from a discourse perspective. In particular, the volume fields the following research questions: Why has the Constitution been such a key document for the Republic?; What was and is the impact of the Constitution on Irish public discourse, at both a popular and a specialised level?; How was the Constitution represented and “argued” by the Irish press upon its enactment?; How has it entered the argumentation of Irish judges across the decades, as they have been required to pronounce on the compatibility of proposed legislation with its norms? By combining a wide range of analytical approaches, the book establishes a workable, integrated and highly flexible methodological framework for the study of the relationship between Ireland’s founding charter and the country’s public sphere.

Ireland's Evolving Constitution

Author : Tim Murphy
Publisher : Hart Publishing
ISBN 13 :
Total Pages : 366 pages
Book Rating : 4.3/5 (91 download)

DOWNLOAD NOW!

Book Synopsis Ireland's Evolving Constitution by : Tim Murphy

Download or read book Ireland's Evolving Constitution written by Tim Murphy and published by Hart Publishing. This book was released on 1998-05-19 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: To mark the sixtieth anniversary of the Constitution of the Republic of Ireland, this important collection of essays includes a wide range of contributions on the most significant aspects of Irish constitutional law and jurisprudence. In addition to political and legal commentators, leading academics in the fields of philosophy, history and political geography assess the history and future of the Constitution from the perspectives of their particular disciplines. The resulting blend of arguments offers a serious and sometimes controversial set of insights into the changing role of the constitution in light of social and political change in Ireland over the past 60 years. The overall result is a detailed contextual analysis of Ireland's basic law aimed at a readership interested in the Irish Constitution and constitutional matters generally.

Kelly: The Irish Constitution

Author : Gerard Hogan
Publisher : Bloomsbury Publishing
ISBN 13 : 1784516686
Total Pages : 3184 pages
Book Rating : 4.7/5 (845 download)

DOWNLOAD NOW!

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.

Drafting the Irish Constitution, 1935–1937

Author : Donal K. Coffey
Publisher : Springer
ISBN 13 : 331976246X
Total Pages : 312 pages
Book Rating : 4.3/5 (197 download)

DOWNLOAD NOW!

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.

75 Years of the Constitution of Ireland

Author : Giuseppe Franco Ferrari
Publisher :
ISBN 13 : 9781905536665
Total Pages : 0 pages
Book Rating : 4.5/5 (366 download)

DOWNLOAD NOW!

Book Synopsis 75 Years of the Constitution of Ireland by : Giuseppe Franco Ferrari

Download or read book 75 Years of the Constitution of Ireland written by Giuseppe Franco Ferrari and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "75 years of the Constitution of Ireland: An Irish-Italian Dialogue is a unique work which explores several core themes relating to the evolution and the achievements of the Constitution of Ireland of 1937. A distinctive feature of 75 years of the Constitution of Ireland: An Irish-Italian Dialogue is the comparative approach taken by several leading Italian scholars of public and constitutional law and their approach to different themes of the Irish Constitutional, checking the nature and implementation of the pertinent constitutional provisions and comparing them with the experiences of other European States. Irish Constitutional scholars continue this dialogue in a work which covers all the most important areas of public law: civil liberties, form of government, public administration and constitutional principles"----P. [4] of cover.

Religion, Law and the Irish State

Author : Eoin Daly
Publisher :
ISBN 13 : 9781905536498
Total Pages : 0 pages
Book Rating : 4.5/5 (364 download)

DOWNLOAD NOW!

Book Synopsis Religion, Law and the Irish State by : Eoin Daly

Download or read book Religion, Law and the Irish State written by Eoin Daly and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religion features prominently in Irish history and politics. Its peculiar legal status represents one of the distinctive features of the Irish constitutional tradition. The 1937 Constitution accords religion a central position as an anchoring point of Ireland's national identity, yet also includes ostensibly strong guarantees of freedom of conscience and religion, and of equality on religious grounds, that are typical of liberal-democratic constitutional systems. It synthesizes competing theories and models, tentatively affirming religion's public status, yet committing it to the private sphere for most purposes. For the most part, the historically close relationship between the State and the Catholic Church found no clear mandate in the constitutional text, which, contrary to prevailing perceptions, imposes a limited form of Church-State separation - although the exact boundaries it imposes remain unclear. More specifically, the legal principles and doctrines relating to religious practice are ambiguous and underdeveloped, particularly in issues surrounding religious freedom and denominational autonomy. The extent to which the Constitution protects religious activity from State interference has never been decisively resolved; additionally, constitutional considerations underlie resurgent contemporary controversies in the field of Church and State - particularly in the recent public debate on the role of religion in schools. Accordingly, Religion, Law and the Irish State examines the constitutional framework governing State and religion in the broader context of the history, politics, and theory of the Church-State relationship. From a lawyer's perspective, the book provides an account of the case law and doctrine in specific areas, including religious freedom, religious equality, denominational autonomy, and Church-State separation, while also giving these subjects a comparative and theoretical treatment. For those approaching Church and State from different perspectives - including historians, political scientists, sociologists, and theologians - it offers an accessible and contextual account of the constitutional dimensions of the State-religion relationship. It explores the constitutional provisions as an expression of, but also a potential fetter upon, the evolving social and political role of religion.

The Constitution of Ireland

Author : Oran Doyle
Publisher : Bloomsbury Publishing
ISBN 13 : 1509903445
Total Pages : 257 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

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.

The Constitution of Ireland

Author : Oran Doyle
Publisher :
ISBN 13 : 9781509903467
Total Pages : 230 pages
Book Rating : 4.9/5 (34 download)

DOWNLOAD NOW!

Book Synopsis The Constitution of Ireland by : Oran Doyle

Download or read book The Constitution of Ireland written by Oran Doyle and published by . This book was released on with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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."--

Constitutionalism in Contemporary Ireland

Author : Francis X. Beytagh
Publisher :
ISBN 13 : 9781899738427
Total Pages : 213 pages
Book Rating : 4.7/5 (384 download)

DOWNLOAD NOW!

Book Synopsis Constitutionalism in Contemporary Ireland by : Francis X. Beytagh

Download or read book Constitutionalism in Contemporary Ireland written by Francis X. Beytagh and published by . This book was released on 1997 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Irish Constitution of 1937 is currently under review, and in July 1996 the Whitaker Committee report was released to the Irish Parliament. Publication of this book is, therefore, a very timely contribution to the debate on the Constitution as it stands and possible future amendments. Detailed discussion of the key provisions is enhanced by discussion of aspects of the Irish Constitution which are unique and distinctive. The book also provides consideration of leading cases, decided by Irish courts, interpreting and construing the Constitution. First in-depth analysis of the Irish Constitution by a foreign legal academic. Detailed assessment of the 1996 Whitaker Committee report on the Irish Constitution. Suggested blueprint for modernising the Irish Constitution.

The Invisible Constitution in Comparative Perspective

Author : Rosalind Dixon
Publisher : Cambridge University Press
ISBN 13 : 110827885X
Total Pages : 595 pages
Book Rating : 4.1/5 (82 download)

DOWNLOAD NOW!

Book Synopsis The Invisible Constitution in Comparative Perspective by : Rosalind Dixon

Download or read book The Invisible Constitution in Comparative Perspective written by Rosalind Dixon and published by Cambridge University Press. This book was released on 2018-11-08 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. The Invisible Constitution in Comparative Perspective helps us understand these dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems. This volume provides a nuanced theoretical discussion of the idea of 'invisibility' in a constitutional context, and its relationship to more traditional understandings of written versus unwritten constitutionalism. Containing a rich array of case studies, including discussions of constitutional practice in Australia, Canada, China, Germany, Hong Kong, Israel, Italy, Indonesia, Ireland and Malaysia, this book will look at how this aspect of 'invisible constitutions' is manifested across different jurisdictions.

Judicial Review

Author : Mark De Blácam
Publisher : Bloomsbury Publishing
ISBN 13 : 1780437021
Total Pages : 1249 pages
Book Rating : 4.7/5 (84 download)

DOWNLOAD NOW!

Book Synopsis Judicial Review by : Mark De Blácam

Download or read book Judicial Review written by Mark De Blácam and published by Bloomsbury Publishing. This book was released on 2017-01-01 with total page 1249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Review, Third Edition covers the grounds for review, defences to an application, the remedies and procedures involved and covers the Rules of the Superior Courts 2011, SI 691/2011. It is the definitive text on judicial review available in Ireland and also of important reference in the United Kingdom.Covers the following:The Review Framework;Review for Error;Review for Unfairness;Review for Breach of Fundamental Rights;Review for Unreasonableness and Abuse of Power;Review for Breach of European Law;Defences to an Application;Procedure;Procedure in Special Cases under Statute.Previous print edition ISBN: 9781847661432

Constitutional Change and Popular Sovereignty

Author : Maria Cahill
Publisher : Routledge
ISBN 13 : 1000395634
Total Pages : 226 pages
Book Rating : 4.0/5 (3 download)

DOWNLOAD NOW!

Book Synopsis Constitutional Change and Popular Sovereignty by : Maria Cahill

Download or read book Constitutional Change and Popular Sovereignty written by Maria Cahill and published by Routledge. This book was released on 2021-07-15 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection focuses on the particular nexus of popular sovereignty and constitutional change, and the implications of the recent surge in populism for systems where constitutional change is directly decided upon by the people via referendum. It examines different conceptions of sovereignty as expressed in constitutional theory and case law, including an in-depth exploration of the manner in which the concept of popular sovereignty finds expression both in constitutional provisions on referendums and in court decisions concerning referendum processes. While comparative references are made to a number of jurisdictions, the primary focus of the collection is on the experience in Ireland, which has had a lengthy experience of referendums on constitutional change and of legal, political and cultural practices that have emerged in association with these referendums. At a time when populist pressures on constitutional change are to the fore in many countries, this detailed examination of where the Irish experience sits in a comparative context has an important contribution to make to debates in law and political science.

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)

DOWNLOAD NOW!

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 Making of the Irish Constitution 1937

Author : Dermot Keogh
Publisher : Mercier Press Ltd
ISBN 13 :
Total Pages : 512 pages
Book Rating : 4.3/5 (91 download)

DOWNLOAD NOW!

Book Synopsis The Making of the Irish Constitution 1937 by : Dermot Keogh

Download or read book The Making of the Irish Constitution 1937 written by Dermot Keogh and published by Mercier Press Ltd. This book was released on 2007 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Few things have shaped and controlled Irish political and legal culture as decisively as the constitution of Ireland but the circumstances in which it was created have, until now, remained obscure. The Making of the Irish Constitution is an authoritative account of the drafting of this document in which Ireland's fundamental laws are enshrined. It puts the Irish constitution in a clear historical perspective and examines the political context of the beginnings of the constitution in 1930s Ireland." "Set against the background of constitutional developments following the foundation of the state, the authors chart the passage of the constitution through the drafting process. They identify the roles of particular legal, administrative and religious personnel who contributed to the making of this extremely important document, a document which defined the nature of the modern Irish state."--BOOK JACKET.

A Sociology of Constitutions

Author : Chris Thornhill
Publisher : Cambridge University Press
ISBN 13 : 1139495801
Total Pages : 467 pages
Book Rating : 4.1/5 (394 download)

DOWNLOAD NOW!

Book Synopsis A Sociology of Constitutions by : Chris Thornhill

Download or read book A Sociology of Constitutions written by Chris Thornhill and published by Cambridge University Press. This book was released on 2011-07-14 with total page 467 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a methodology that both analyzes particular constitutional texts and theories and reconstructs their historical evolution, Chris Thornhill examines the social role and legitimating status of constitutions from the first quasi-constitutional documents of medieval Europe, through the classical period of revolutionary constitutionalism, to recent processes of constitutional transition. A Sociology of Constitutions explores the reasons why modern societies require constitutions and constitutional norms and presents a distinctive socio-normative analysis of the constitutional preconditions of political legitimacy.