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 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 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 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 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 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 Vindicating Socio Economic Rights written by Paul O'Connell and published by Routledge. This book was released on 2012-02-21 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Notwithstanding the widespread and persistent affirmation of the indivisibility and equal worth of all human rights, socio-economic rights continue to be treated as the "Cinderella" of the human rights corpus. At a domestic level this has resulted in little appetite for the explicit recognition and judicial enforcement of such rights in constitutional democracies. The primary reason for this is the prevalent apprehension that the judicial enforcement of socio-economic rights is fundamentally at variance with the doctrine of the separation of powers. This study, drawing on comparative experiences in a number of jurisdictions which have addressed (in some cases more explicitly than others) the issue of socio-economic rights, seeks to counter this argument by showing that courts can play a substantial role in the vindication of socio-economic rights, while still respecting the relative institutional prerogatives of the elected branches of government. Drawing lessons from experiences in South Africa, India, Canada and Ireland, this study seeks to articulate a "model adjudicative framework" for the protection of socio-economic rights. In this context the overarching concern is to find some role for the courts in vindicating socio-economic rights, while also recognising the importance of the separation of powers and the primary role that the elected branches of government must play in protecting and vindicating such rights. The text incorporates discussion of the likely impact and significance of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, and looks at the implications of the Mazibuko decision for the development of South Africa’s socio-economic rights jurisprudence.
Download or read book From Equality Before the Law to the Equal Benefit of the Law written by Rory O'Connell and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines the approach of the Irish courts to social and economic rights, and proposes using the equality doctrine to provide indirect protection for these rights. The papers draws on comparative material from Canada, South Africa, the US and the European convention on Human Rights to see how an equality doctrine might be used to protect social and economic rights.
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 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 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.
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 Weak Courts Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
Download or read book Judicial Review Socio Economic Rights and the Human Rights Act written by Ellie Palmer and published by Bloomsbury Publishing. This book was released on 2007-08-31 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United Kingdom during the past decade, individuals and groups have increasingly tested the extent to which principles of English administrative law can be used to gain entitlements to health and welfare services and priority for the needs of vulnerable and disadvantaged groups. One of the primary purposes of this book is to demonstrate the extent to which established boundaries of judicial intervention in socio-economic disputes have been altered by the extension of judicial powers in sections 3 and 6 of the Human Rights Act 1998, and through the development of a jurisprudence of positive obligations in the European Convention on Human Rights 1950. Thus, the substantive focus of the book is on developments in the constitutional law of the United Kingdom. However, the book also addresses key issues of theoretical human rights, international and comparative constitutional law. Issues of justiciability in English administrative law have therefore been explored against a background of two factors: a growing acceptance of the need for balance in the protection in modern constitutional arrangements afforded to civil and political rights on the one hand and socio-economic rights on the other hand; and controversy as to whether courts could make a more effective contribution to the protection of socio-economic rights with the assistance of appropriately tailored constitutional provisions.
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.
