Echr And Irish Law

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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.

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.

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:

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 European Convention on Human Rights

Author : William A. Schabas
Publisher : Oxford University Press
ISBN 13 : 0191066761
Total Pages : 1433 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The European Convention on Human Rights by : William A. Schabas

Download or read book The European Convention on Human Rights written by William A. Schabas and published by Oxford University Press. This book was released on 2015-09-24 with total page 1433 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have not been incorporated in the Convention itself and remain applicable to present law. Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision. Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.

The Irish Supreme Court

Author : Brice Dickson
Publisher : Oxford University Press
ISBN 13 : 0192512463
Total Pages : 417 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 417 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 Law of Evidence in Ireland

Author : Caroline Fennell
Publisher : Bloomsbury Professional
ISBN 13 : 9781526504890
Total Pages : 512 pages
Book Rating : 4.5/5 (48 download)

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Book Synopsis The Law of Evidence in Ireland by : Caroline Fennell

Download or read book The Law of Evidence in Ireland written by Caroline Fennell and published by Bloomsbury Professional. This book was released on 2019-10-31 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: This the fourth edition gives an up-to-date account of the law of evidence in Ireland. The text is of interest to all those working in the Irish legal system, the criminal legal system in particular as well as to policy makers and those studying more general issues related to matters of trial, adjudication and fact-finding in various contexts. It explores the development of a particular Irish dimension to evidence scholarship, which is based on constitutional notions of fairness. In light of the incorporation of the ECHR, this must continue to be influential in this and possibly other jurisdictions. The phenomenon of the Special Criminal Court is considered and ithe Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 is also considered in detail.

The European Court of Human Rights

Author : Angelika Nussberger
Publisher : Elements of International Law
ISBN 13 : 0198849648
Total Pages : 257 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The European Court of Human Rights by : Angelika Nussberger

Download or read book The European Court of Human Rights written by Angelika Nussberger and published by Elements of International Law. This book was released on 2020 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.

Child Law in Ireland

Author : Lydia Bracken
Publisher :
ISBN 13 : 9781911611097
Total Pages : 0 pages
Book Rating : 4.6/5 (11 download)

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Book Synopsis Child Law in Ireland by : Lydia Bracken

Download or read book Child Law in Ireland written by Lydia Bracken and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Child Law in Ireland provides a comprehensive and accessible analysis of the Irish child law system. It incorporates an examination of Ireland's international obligations in this area arising under the United Nations Convention on the Rights of the Child and the European Convention on Human Rights, as well as an examination of the Irish Constitution and the domestic legislative framework. The book addresses a wide range of child law topics, including: children's rights; parentage; donor-assisted human reproduction and surrogacy; guardianship, custody and access; child protection; representation and participation; and education. Child Law in Ireland includes a discussion of timely legal developments, such as: the Assisted Reproduction Bill 2017; the Children and Family Relationships Act 2015; the Adoption (Amendment) Act 2017; the Adoption (Information and Tracing) Bill 2016; the Children First Act 2015; and the Education (Admission to Schools) Bill 2016, among others.

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.

The Irish Yearbook of International Law, Volume 13, 2018

Author : Siobhán Mullally
Publisher : Bloomsbury Publishing
ISBN 13 : 1509936726
Total Pages : 261 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Irish Yearbook of International Law, Volume 13, 2018 by : Siobhán Mullally

Download or read book The Irish Yearbook of International Law, Volume 13, 2018 written by Siobhán Mullally and published by Bloomsbury Publishing. This book was released on 2020-04-16 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Irish Yearbook of International Law supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish policy and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, and the law of the European Union as relevant to developments in Ireland. In addition, the Yearbook reproduces key documents that reflect Irish practice on contemporary issues of international law. This volume of the Yearbook includes a symposium on law and peacekeeping, and an article on the rights of migrants and refugees under the ECHR from Judge Paulo Pinto de Albuquerque.

Constitutional Law of Ireland

Author : Michael Forde
Publisher : Bloomsbury Publishing
ISBN 13 : 1784518751
Total Pages : 1220 pages
Book Rating : 4.7/5 (845 download)

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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.

Protecting the right to freedom of expression under the European Convention on Human Rights

Author : Bychawska-Siniarska, Dominika
Publisher : Council of Europe
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4./5 ( download)

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Book Synopsis Protecting the right to freedom of expression under the European Convention on Human Rights by : Bychawska-Siniarska, Dominika

Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

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.

Criminal Litigation

Author : Maura Butler
Publisher : Oxford University Press, USA
ISBN 13 : 0199588791
Total Pages : 343 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Criminal Litigation by : Maura Butler

Download or read book Criminal Litigation written by Maura Butler and published by Oxford University Press, USA. This book was released on 2012 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal Litigation is a comprehensive guide to the evidential and procedural rules and skills of criminal litigation and advocacy. The manual provides effective practice knowledge of the fundamental elements of criminal procedure, with an emphasis on client care issues. It discusses the role of the solicitor at all stages of the criminal process, where the case is disposed of in either the District Court or the Superior Courts. Procedure is explained from both a prosecution and a defence perspective, beginning with arrest and proceeding to trial and beyond, in a sequential manner that reflects the criminal justice process. The law on regulatory crime sometimes referred to as white collar or corporate crime is distinguished, at a time when legislation in this area is being enacted. This third edition has been extensively revised to include new chapters on regulatory crime, bail law and the European arrest warrant procedure. It is essential reading for trainee solicitors on the Professional Practice Course, and an excellent resource for Irish legal practitioners and other actors in the criminal justice system. Online Resource Centre Changes and developments in the area will be covered by regular updates to the Online Resource Centre.

On Fantasy Island

Author : C. A. Gearty
Publisher : Oxford University Press
ISBN 13 : 0198787634
Total Pages : 257 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis On Fantasy Island by : C. A. Gearty

Download or read book On Fantasy Island written by C. A. Gearty and published by Oxford University Press. This book was released on 2016 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The repeal of the Human Rights Act is one of the major political questions of our day. In an engaging insight into the fantasies and myths driving the case for repeal, Conor Gearty defends the importance of the HRA and debunks the arguments that would see a UK Bill of Rights. An essential book for all readers who want to be informed on the debate.

European Consensus and the Legitimacy of the European Court of Human Rights

Author : Kanstantsin Dzehtsiarou
Publisher : Cambridge University Press
ISBN 13 : 1107041031
Total Pages : 255 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis European Consensus and the Legitimacy of the European Court of Human Rights by : Kanstantsin Dzehtsiarou

Download or read book European Consensus and the Legitimacy of the European Court of Human Rights written by Kanstantsin Dzehtsiarou and published by Cambridge University Press. This book was released on 2015-04-30 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most comprehensive and critical analysis of the application of European consensus by the European Court of Human Rights.