Download or read book Contesting Economic and Social Rights in Ireland written by Thomas Murray and published by Cambridge University Press. This book was released on 2016-08-18 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a political understanding of socio-economic rights by contextualising constitution-makers' and judges' decision-making in terms of Ireland's rich history of people's struggles for justice 'from below' between 1848 and the present. Its theoretical framework incorporates critical legal studies and world-systems analysis. It performs a critical discourse analysis of constitution-making processes in 1922 and 1937 as well as subsequent property, trade union, family and welfare rights case law. It traces the marginalisation of socio-economic rights in Ireland from specific, local and institutional factors to the contested balance of core-peripheral and social relations in the world-system. The book demonstrates the endurance of ideological understandings of state constitutionalism as inherently neutral between interests. Unemployed marches, housing protestors and striking workers, however, provided important challenges and oppositional discourses. Recognising these enduring forms of power and ideology is vital if we are to assess critically the possibilities and limits of contesting socio-economic rights today.
Download or read book Constitutionalising Socio economic Rights in Ireland written by Patrick Vincent Fay and published by . This book was released on 2008 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Social and Economic Rights in Ireland written by Claire-Michelle Smyth and published by Clarus Press. This book was released on 2017 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Social and economic rights encompass the essential elements required for a human being to exist. They include the right to food, water, shelter, emergency medical care, housing and social assistance. However, these rights are primarily seen as being subordinate to civil and political rights. Social and Economic Rights in Ireland focuses on Ireland's protection and vindication of these rights providing a detailed examination of the law in this area, both domestically and under the State's international obligations. With this focus in mind, the following international treaties are analysed: The European Social Charter; The Charter of Fundamental Rights of the European Union; The International Covenant on Economic Social and Cultural Rights, and the European Convention on Human Rights. Their impact is critically examined in order to assess whether Ireland is in compliance with its international obligations. Social and Economic Rights in Ireland provides a detailed and critical analysis of the law and policy in relation to social and economic rights. It will be an invaluable resource for legal academics, students and lawyers, especially in the area of human rights, public law and constitutional law as well as anyone interested in politics, political science, social policy, governance and social and economic rights generally"--Back cover.
Download or read book Contesting Economic and Social Rights in Ireland written by Thomas Murray and published by . This book was released on 2016 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a political understanding of socio-economic rights by contextualising constitution-makers' and judges' decision-making in terms of Ireland's rich history of people's struggles for justice 'from below' between 1848 and the present. Its theoretical framework incorporates critical legal studies and world-systems analysis. It performs a critical discourse analysis of constitution-making processes in 1922 and 1937 as well as subsequent property, trade union, family and welfare rights case law. It traces the marginalisation of socio-economic rights in Ireland from specific, local and institutional factors to the contested balance of core-peripheral and social relations in the world-system. The book demonstrates the endurance of ideological understandings of state constitutionalism as inherently neutral between interests. Unemployed marches, housing protestors and striking workers, however, provided important challenges and oppositional discourses. Recognising these enduring forms of power and ideology is vital if we are to assess critically the possibilities and limits of contesting socio-economic rights today.
Download or read book Social Inclusion and the Legal System written by Gerry Whyte and published by . This book was released on 2002 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Socio Economic Rights and Ireland written by Liam Thornton and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: First, this chapter considers the debates as to whether socio-economic rights can be considered human rights. Second, consideration is provided to the legal obligations upon Ireland under the ICESCR. Third, this chapter provides an overview of legislative provision and the debates surrounding constitutional recognition of socio-economic rights. In concluding, this chapter notes the significant difficulties that lie ahead for justiciable social-economic rights in Ireland.
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 416 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.
Download or read book Social and economic rights in the Irish Constitution written by Rachel Joyce and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Social and Economic Rights in the Irish Constitution written by Rachel Joyce and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Re righting the Constitution written by Irish Commission for Justice and Peace and published by . This book was released on 1998 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Unfinished Business written by Jerome Connolly and published by . This book was released on 2014 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Delivering Equality written by Anne Smith and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article examines the role (if any) of law in the promotion and protection of equality. It frames its analysis against the backdrop of recent equality developments and proposals in the context of Northern Ireland. Our particular purpose is to address the question: are equality mainstreaming and the constitutionalisation of socio-economic rights viable tools to address inequality? These two legal tools are recognised as forming only parts, albeit highly important parts, of a bigger equality jigsaw. Constraints of space mitigate against examination of the other pieces of the jigsaw in this article.
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.
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 319 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.
Download or read book Social Rights Jurisprudence written by Malcolm Langford and published by Cambridge University Press. This book was released on 2009-01-19 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the space of two decades, social rights have emerged from the shadows and margins of human rights jurisprudence. The authors in this book provide a critical analysis of almost two thousand judgments and decisions from twenty-nine national and international jurisdictions. The breadth of the decisions is vast, from the resettlement of evictees to the regulation of private medical plans to the development of state programs to address poverty and illiteracy. The jurisprudence not only implicates our understanding of economic, social, and cultural rights, but also challenges the philosophical debates that question whether these rights can and should be justiciable.
Download or read book Can rights cure The impact of human rights litigation on South Africa s health system written by Marius Pieterse and published by PULP. This book was released on 2014-08-01 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can rights cure? At a time when South Africa’s ailing and dysfunctional health system is on the verge of radical transformation through the mooted introduction of a National Health Insurance scheme, and when there are increasing political tensions between government and the courts, this book reflects upon the South African experience of judicially enforcing health-related constitutional rights. It attempts to understand the ways in which rights-based litigation has impacted on the operation and transformation of different features of the health system, including the formulation and implementation of health laws and policies, processes of health resource allocation and rationing, the regulation of health care delivery in the private sector, and the promotion and protection of public health.
