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Author: Laura Cahillane
Publisher: Manchester University Press
Published: 2016-07-01
Total Pages: 421
ISBN-13: 1526100193
DOWNLOAD EBOOKThis book provides an account of the drafting of the Irish Free Constitution of 1922, analysing the document in its historical context and exploring the reasons for its lack of success
Author: Donal K. Coffey
Publisher: Springer
Published: 2018-05-04
Total Pages: 319
ISBN-13: 331976246X
DOWNLOAD EBOOKThe 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.
Author: Darrell Figgis
Publisher: BoD – Books on Demand
Published: 2020-07-18
Total Pages: 74
ISBN-13: 3752324147
DOWNLOAD EBOOKReproduction of the original: The Irish Constitution by Darrell Figgis
Author: Thomas Murray
Publisher: Cambridge University Press
Published: 2016-08-18
Total Pages: 407
ISBN-13: 1107155355
DOWNLOAD EBOOKA comparative analysis 'from below' of attempts to constitutionalise socio-economic rights in Ireland from 1848 rebellions to present day protests.
Author: Eugene Broderick
Publisher: Merrion Press
Published: 2017-05-15
Total Pages: 311
ISBN-13: 1911024558
DOWNLOAD EBOOKJohn 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.
Author: Gerard Hogan
Publisher: Bloomsbury Publishing
Published: 2018-12-13
Total Pages: 3184
ISBN-13: 1784516686
DOWNLOAD EBOOKThis 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.
Author: Darragh Gannon
Publisher:
Published: 2022
Total Pages: 378
ISBN-13: 9781911479796
DOWNLOAD EBOOKFIFTY ESSAYS.FIFTY CONTRIBUTORS.ONE EXTRAORDINARY YEAR. From the handover of Dublin Castle, to the dawning of a new border across the island, to the fateful divisions of the civil war, Ireland 1922 provides a snapshot of a year of turmoil, tragedy and, amidst it all, state-building as the Irish revolution drew to a close. Leading international scholars from different disciplines explore a turning point in Irish history; one whose legacy remains controversial a century on.
Author: Michael Forde
Publisher: Bloomsbury Publishing
Published: 2016-10-14
Total Pages: 1220
ISBN-13: 1784518751
DOWNLOAD EBOOKOriginally 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.
Author: Bill Kissane
Publisher:
Published: 2002
Total Pages: 312
ISBN-13:
DOWNLOAD EBOOKThis is a systematic account of why Ireland remained democratic after independence. Bill Kissane analyzes the Irish case from a comparative international perspective and by discussing it in terms of the classic works of democratic theory. Each chapter tests the explanatory power of a particular approach, and the result is a mixture of political history, sociology, and political science. Taking issue with many conventional assumptions, Kissane questions whether Irish democracy after 1921 was really a surprise, by relating the outcome to the level of socio-economic development, the process of land reform, and the emergence of a strong civil society under the Union. On the other hand, things did not go according to plan in 1922, and two chapters are devoted to the origins and nature of the civil war. The remaining chapters are concerned with analyzing how democracy was rebuilt after the civil war; Kissane questions whether that achievement was entirely the work of the pro-Treatyites.Indeed, by focusing on the continued divisiveness of the Treaty issue, the nature of constitutional republicanism, and the significance of the 1937 constitution, Kissane argues that Irish democracy was not really consolidated until the late 1930s, and that that achievement was largely the work of de Valera.
Author: Brice Dickson
Publisher: Oxford University Press
Published: 2019-01-17
Total Pages: 417
ISBN-13: 0192512463
DOWNLOAD EBOOKThis 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.
