The constitution of the Irish Free State by L. Kohn, with a foreword by the Chief Justice of the Irish Free State
Author: Leo Kohn
Publisher:
Published:
Total Pages:
ISBN-13:
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Author: Leo Kohn
Publisher:
Published:
Total Pages:
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DOWNLOAD EBOOKAuthor: Leo Kohn
Publisher:
Published: 1932
Total Pages: 423
ISBN-13:
DOWNLOAD EBOOKAuthor: Leo Kohn
Publisher:
Published: 1932
Total Pages: 423
ISBN-13:
DOWNLOAD EBOOKAuthor: Oran Doyle
Publisher: Bloomsbury Publishing
Published: 2018-11-29
Total Pages: 257
ISBN-13: 1509903445
DOWNLOAD EBOOKThis 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.
Author: Leo Kohn
Publisher:
Published: 1932
Total Pages: 458
ISBN-13:
DOWNLOAD EBOOKAuthor: Leo Kohn
Publisher:
Published: 1932
Total Pages: 423
ISBN-13:
DOWNLOAD EBOOKAuthor: Ignacio de la Rasilla
Publisher: Cambridge University Press
Published: 2019-03-28
Total Pages: 341
ISBN-13: 1108474942
DOWNLOAD EBOOKExamines many seminal experiments in international adjudication and the origins of several major existing international courts.
Author: Rehan Abeyratne
Publisher: Cambridge University Press
Published: 2021-03-25
Total Pages: 361
ISBN-13: 1108887996
DOWNLOAD EBOOKIn Towering Judges: A Comparative Study of Constitutional Judges, Rehan Abeyratne and Iddo Porat lead an exploration of a new topic in comparative constitutional law: towering judges. The volume examines the work of nineteen judges from fourteen jurisdictions, each of whom stood out individually among their fellow judges and had a unique impact on the trajectory of constitutional law. The chapters ask: what makes a towering judge; what are the background conditions that foster or deter the rise of towering judges; are towering judges, on balance, positive or detrimental for constitutional systems; how do towering judges differ from one jurisdiction to another; how do political and historical developments relate to this phenomenon; and how does all of this fit within global constitutionalism? The answers to these questions offer important insight into how these judges were able to shine to an uncommon degree in a profession where individualism is not always looked on favourably.
Author: Hoover Institution on War, Revolution, and Peace
Publisher:
Published: 1969
Total Pages: 836
ISBN-13:
DOWNLOAD EBOOKAuthor: Leo Kohn
Publisher:
Published: 1932
Total Pages: 423
ISBN-13:
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