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75 Years Of The Constitution Of Ireland
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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.
Book Synopsis Constitutional Law of Ireland by : Michael Forde
Download or read book Constitutional Law of Ireland written by Michael Forde and published by Bloomsbury Publishing. This book was released on 2016-10-14 with total page 1220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally written for the fiftieth anniversary of the Constitution of Ireland, this book is an account of how the Constitution's requirements have been implemented by the legislature and interpreted by the courts. In this way it provides an integrated and contextual account of constitutional law in Ireland. It goes as far as to place it in context of some foreign constitutions, especially the Constitutions of the United States, France, Germany and the United Kingdom, as indeed the Irish courts refer frequently to other countries for guidance in interpreting the Constitution. The book largely falls into four parts. The first few chapters are introductory and cover the drafting and adoption of the Constitution, some features of the State and its citizens, and the judicial review of laws. The next few chapters deal with the various institutions of government and with the activities of the State in the international arena and in relation to fiscal matters. Then following on from this there are a number of chapters which consider what may be termed the various civil liberties and rights. There is a final brief section, towards the end of the book which deals with the various legal breaches of the Constitution. This new edition has been extensively rewritten to account for the enormous to take into account the tumultuous changes in Irish Constitutional Law in the intervening years. Challenges to articles, referenda, new legislation, and cases are all judicially considered. Michael Forde and David Leonard offer the reader everything they need to know on this complex subject.
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 Judges, politics and the Irish Constitution by : Laura Cahillane
Download or read book Judges, politics and the Irish Constitution written by Laura Cahillane and published by Manchester University Press. This book was released on 2017-02-28 with total page 437 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Irish Constitution by : Darrell Figgis
Download or read book The Irish Constitution written by Darrell Figgis and published by BoD – Books on Demand. This book was released on 2020-07-18 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reproduction of the original: The Irish Constitution by Darrell Figgis
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 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.
Book Synopsis Electoral Law in Ireland by : Jennifer Kavanagh
Download or read book Electoral Law in Ireland written by Jennifer Kavanagh and published by Bloomsbury Publishing. This book was released on 2016-05-03 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Electoral Law in Ireland guides the reader through the labyrinthine regulation of electoral law in Ireland from the creation and registration of parties, through to administrative issues with funding, lobbying, political advertising through to issues regarding ethical aspects of political life such as Standards and Ethics in Public Office. Since the foundation of the State there have been 61 acts and 287 statutory instruments dealing with the regulation of political activities in Ireland. The legislation deals with everything from creating a party, to donations through to the regulation of elections and referendums. A comprehensive understanding of this complex legislation is vital to those working in politics and to those who wish to gain greater understanding of political regulation in Ireland. This book also deals with the major challenges and issues such as lobbying regulation and political advertising concerns.
Book Synopsis Politics in the Republic of Ireland by : John Coakley
Download or read book Politics in the Republic of Ireland written by John Coakley and published by Taylor & Francis. This book was released on 2023-08-31 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on the success of previous editions, Politics in the Republic of Ireland continues to provide an authoritative introduction to all aspects of government and politics in this seventh edition. Written by some of the foremost experts on Irish politics, it explains, analyses and interprets the background to Irish government and contemporary political processes. It devotes chapters to every aspect of contemporary Irish government and politics, including the political parties and elections, the constitution, deliberative democracy, referendums, the Taoiseach and the governmental system, women and politics, the position of the Dáil, and Ireland’s place within the European Union. Bringing readers up to date with the very latest developments, especially with the upheaval in the Irish party system and the implications of recent liberalising referendums, the seventh edition combines substance with a highly readable style, providing an accessible book that meets the needs of all those who are interested in knowing how politics and government operate in Ireland.
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 2019-01-31 with total page 579 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.
Book Synopsis Sovereignty, Civic Participation, and Constitutional Law by : Brecht Deseure
Download or read book Sovereignty, Civic Participation, and Constitutional Law written by Brecht Deseure and published by Routledge. This book was released on 2021-04-13 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings recent insights about sovereignty and citizen participation in the Belgian Constitution to scholars in the fields of law, philosophy, history, and politics. Throughout the Western world, there are increasing calls for greater citizen participation. Referendums, citizen councils, and other forms of direct democracy are considered necessary antidotes to a growing hostility towards traditional party politics. This book focuses on the Belgian debate, where the introduction of participatory politics has stalled because of an ambiguity in the Constitution. Scholars and judges generally claim that the Belgian Constitution gives ultimate power to the nation, which can only speak through representation in parliament. In light of this, direct democracy would be an unconstitutional power grab by the current generation of citizens. This book critically investigates this received interpretation of the Constitution and, by reaching back to the debates among Belgium’s 1831 founding fathers, concludes that it is untenable. The spirit, if not the text, of the Belgian Constitution allows for more popular participation than present-day jurisprudence admits. This book is the first to make recent debates in this field accessible to international scholars. It provides a rare source of information on Belgium’s 1831 Constitution, which was in its time seen as modern constitutionalism’s greatest triumph and which became a model for countless other constitutions. Yet the questions it asks reverberate far beyond Belgium. Combining new insights from law, philosophy, history, and politics, this book is a showcase for continental constitutional theory. It will be a valuable resource for academics and researchers in constitutional law, political and legal philosophy, and legal history.
Download or read book John Hearne written by Eugene Broderick and published by Merrion Press. This book was released on 2017-05-15 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Hearne: Architect of the 1937 Constitution of Ireland is the first-ever biography of the ‘architect in chief and draftsman’ of the constitution. In the six-year period that it took to draft the constitution, John Hearne was involved at every stage alongside Éamon de Valera; his attitudes and concerns – especially with the protection of human rights in a period which saw the rise of dictatorships throughout Europe – governed the make-up of the fundamental law. This law still stands today and reverberates through every call for referendum or repeal. John Hearne is the biography of a man, later Irish Ambassador to Canada and the United States, who masterminded Irish policy, nationally and internationally, for decades; his essential role in the making of the constitution will result in a greater understanding and re-evaluation of one of its most defining and controversial documents.
Download or read book The Constitutional Year Book written by and published by . This book was released on 1922 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Eternity Clauses in Democratic Constitutionalism by : Silvia Suteu
Download or read book Eternity Clauses in Democratic Constitutionalism written by Silvia Suteu and published by Oxford University Press. This book was released on 2021-05-20 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its intended aims - protecting constitutional democracy foremost among them. With its promise most appealing in transitional, post-conflict, and fragile democracies, unamendability reveals itself, counterintuitively, to be both less potent and potentially more dangerous in precisely these contexts. The book also places the rise of eternity clauses in the context of other significant trends in recent constitutional practice: the transnational embeddedness of constitution-making and of constitutional adjudication; the rise of popular participation in constitutional reform processes; and the ongoing crisis of democratic backsliding in liberal democracies.
Book Synopsis Constitutional Preambles. At a Crossroads Between Politics and Law by : Justin Orlando Frosini
Download or read book Constitutional Preambles. At a Crossroads Between Politics and Law written by Justin Orlando Frosini and published by Maggioli Editore. This book was released on 2012 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Economic and Social Rights Law by : Katie Boyle
Download or read book Economic and Social Rights Law written by Katie Boyle and published by Routledge. This book was released on 2020-06-09 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops principles of adjudication to facilitate accountability for violations of Economic and Social Rights. Economic and Social Rights engage with areas relating to social justice and their violation tends to impact on the most vulnerable members of society. Taking the UK as a case study, the book draws on international experience and comparative practice, including progressive reform at the devolved subnational level, that demonstrate the potential reach of Economic and Social Rights when the rights are given legal standing in domestic settings according to their status in international law. The work looks at different models of incorporation of rights into domestic law and sets out existing justiciability mechanisms for their enforcement as well as future models open to development. In so doing the book develops principles of adjudication drawn from deliberative democracy theory that help address some of the critiques of social rights adjudication. This book will have a global and cross-sectoral appeal to legal practitioners, the judiciary and the civil services, as well as to researchers, academics and students in the fields of human rights law, comparative constitutional law and deliberative democracy theory. Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Book Synopsis Radical Republicanism by : Bruno Leipold
Download or read book Radical Republicanism written by Bruno Leipold and published by Oxford University Press. This book was released on 2020-03-05 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Republicanism is a powerful resource for emancipatory struggles against domination. Its commitment to popular sovereignty subverts justifications of authority, locating power in the hands of the citizenry who hold the capacity to create, transform, and maintain their political institutions. Republicanism's conception of freedom rejects social, political, and economic structures subordinating citizens to any uncontrolled power - from capitalism and wage-labour to patriarchy and imperialism. It views any such domination as inimical to republican freedom. Moreover, it combines a revolutionary commitment to overturning despotic and tyrannical regimes with the creation of political and economic institutions that realise the sovereignty of all citizens, institutions that are resilient to threats of oligarchical control. This volume is dedicated to retrieving and developing this radical potential, challenging the more conventional moderate conceptions of republicanism. It brings together scholars at the forefront of tracing this radical heritage of the republican tradition, and developing arguments, texts, and practices into a critical and emancipatory body of political and social thought. The volume spans historical discussions of the English Levellers, French and Ottoman revolutionaries, and American abolitionists and trade unionists; explorations of the radical republican aspects of the thought of Machiavelli, Marx, and Rousseau; and theoretical examinations of social domination and popular constitutionalism. It will appeal to political theorists, historians of political thought, and political activists interested in how republicanism provides a robust and successful radical transformation to existing social and political orders.
