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Book Drafting the Irish Constitution  1935   1937

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.

Book Bunreacht Na H  ireann

Download or read book Bunreacht Na H ireann written by Ireland and published by . This book was released on 2003 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Drafting the Irish Free State Constitution

Download or read book Drafting the Irish Free State Constitution written by Laura Cahillane and published by Manchester University Press. This book was released on 2016-07-01 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 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

Book Kelly  The Irish Constitution

    Book Details:
  • Author : Gerard Hogan
  • Publisher : Bloomsbury Publishing
  • Release : 2018-12-13
  • ISBN : 1784516686
  • Pages : 3184 pages

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 The Irish Constitution

Download or read book The Irish Constitution written by John Maurice Kelly and published by . This book was released on 1980 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Constitution of Ireland

    Book Details:
  • Author : Oran Doyle
  • Publisher : Bloomsbury Publishing
  • Release : 2018-11-29
  • ISBN : 1509903445
  • Pages : 257 pages

Download or read book The Constitution of Ireland written by Oran Doyle and published by Bloomsbury Publishing. This book was released on 2018-11-29 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 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.

Book The Irish Constitution

Download or read book The Irish Constitution written by Darrell Figgis and published by DigiCat. This book was released on 2022-05-29 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: Darrell Edmund Figgis was an Irish writer, political activist, and independent parliamentarian in the Irish Free State. He was a member of the Constitution Committee and one of the contributors to the text of the Constitution. The work presented here includes Figgis' commentary on the text of the Constitution and an explanation of some of its points.

Book The political theory of the Irish Constitution

Download or read book The political theory of the Irish Constitution written by Eoin Daly and published by Manchester University Press. This book was released on 2015-07-01 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: The political theory of the Irish Constitution considers Irish constitutional law and the Irish constitutional tradition from the perspective of Republican theory. It analyses the central devices and doctrines of the Irish Constitution – popular sovereignty, constitutional rights and judicial review – in light of Republican concepts of citizenship and civic virtue. The Constitution, it will argue, can be understood as a framework for promoting popular participation in government as much as a mechanism for protecting individual liberties. It will be of interest to students and researchers in Irish politics, political theory and constitutional law, and to all those interested in political reform and public philosophy in Ireland.

Book Ireland s Evolving Constitution

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.

Book Kelly  The Irish Constitution

    Book Details:
  • Author : Gerard Hogan
  • Publisher : Bloomsbury Publishing
  • Release : 2018-12-13
  • ISBN : 1784516686
  • Pages : 3184 pages

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 Constitutional Law of Ireland

    Book Details:
  • Author : Michael Forde
  • Publisher : Bloomsbury Publishing
  • Release : 2016-10-14
  • ISBN : 1784518743
  • Pages : 1098 pages

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 1098 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 75 Years of the Constitution of Ireland

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 Constitutional Law of Ireland

    Book Details:
  • Author : Michael Forde
  • Publisher : Bloomsbury Publishing
  • Release : 2016-10-14
  • ISBN : 1784518751
  • Pages : 1220 pages

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 Repealing the 8th

Download or read book Repealing the 8th written by de Londras, Fiona and published by Policy Press. This book was released on 2018-02 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Available Open Access under CC-BY licence. Irish law currently permits abortion only where the life of the pregnant woman is at risk. Since 1983, the 8th Amendment to the Constitution has recognised the “unborn” as having a right to life equal to that of the “mother”. Consequently, most people in Ireland who wish to bring their pregnancies to an end either import the abortion pill illegally, travel abroad to access abortion, or continue with the pregnancy against their will. Now, however, there are signs of change. A constitutional referendum will be held in 2018, after which it will be possible to reimagine, redesign, and reform the law on abortion. Written by experts in the field, this book draws on experience from other countries, as well as experiences of maternal medical care in Ireland, to call for a feminist, woman-centered, and rights-based radical new approach to abortion law in Ireland. Directly challenging grounds-based abortion law, this accessible guide brings together feminist analysis, comparative research, human rights law, and political awareness to propose a new constitutional and legislative settlement on reproductive autonomy in Ireland. It offers practical proposals for policymakers and advocates, including model legislation, making it an essential campaigning tool leading up to the referendum.

Book The Irish Constitutional Revolution of the Sixteenth Century

Download or read book The Irish Constitutional Revolution of the Sixteenth Century written by Brendan Bradshaw and published by CUP Archive. This book was released on 1979-10-11 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historiography has highlighted Ireland's sixteenth-century rebellions and ignored its revolution. The transformation of the island's political personality in the course of the middle Tudor period must be the last remarked-upon change in its whole history. Yet it might be claimed to be the most remarkable. It provided Ireland with its first sovereign constitution, gave it for the first time an ideology of nationalism, and proposed a practical political objective which has inspired and eluded a host of political movements ever since: the unification of the island's pluralistic community into a coherent political entity. The reason for the neglect lies partly in another remarkable feature of the revolution itself, the circumstances of its accomplishment. it was engineered by Anglo-Irish politicians, in collaboration with an English head of government in Ireland, and by constitutional means, in particular by parliamentary statute.

Book The New Irish Constitution  An Exposition and Some Arguments

Download or read book The New Irish Constitution An Exposition and Some Arguments written by Various and published by Good Press. This book was released on 2020-03-16 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The New Irish Constitution: An Exposition and Some Arguments," edited by J. H. Morgan, is a significant and informative ebook that delves into the intricacies of Ireland's constitutional development. Through a collection of diverse viewpoints and compelling arguments, this ebook presents readers with a comprehensive understanding of the new Irish constitution and its impact on the nation's political landscape. Morgan's careful curation of various perspectives provides readers with a well-rounded view of the debates and discussions that shaped the constitution's formulation. As Ireland navigates through this transformative phase of its history, this ebook serves as a valuable resource for anyone interested in exploring the intricacies of constitutional law and its implications for the future of the nation.

Book Judges  politics and the Irish Constitution

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.