Download or read book The Irish Constitutional Tradition written by Alan J. Ward and published by . This book was released on 1994 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of Irish constitutions and constitutional proposals is presented in this single volume, which spans 1782 to the present day and treats the constitutional history of Ireland, north and south, as an integrated whole.
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.
Download or read book The Irish Constitution written by Darrell Figgis and published by Good Press. This book was released on 2019-12-20 with total page 86 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.
Download or read book Religion Law and the Irish State written by Eoin Daly and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Religion features prominently in Irish history and politics. Its peculiar legal status represents one of the distinctive features of the Irish constitutional tradition. The 1937 Constitution accords religion a central position as an anchoring point of Ireland's national identity, yet also includes ostensibly strong guarantees of freedom of conscience and religion, and of equality on religious grounds, that are typical of liberal-democratic constitutional systems. It synthesizes competing theories and models, tentatively affirming religion's public status, yet committing it to the private sphere for most purposes. For the most part, the historically close relationship between the State and the Catholic Church found no clear mandate in the constitutional text, which, contrary to prevailing perceptions, imposes a limited form of Church-State separation - although the exact boundaries it imposes remain unclear. More specifically, the legal principles and doctrines relating to religious practice are ambiguous and underdeveloped, particularly in issues surrounding religious freedom and denominational autonomy. The extent to which the Constitution protects religious activity from State interference has never been decisively resolved; additionally, constitutional considerations underlie resurgent contemporary controversies in the field of Church and State - particularly in the recent public debate on the role of religion in schools. Accordingly, Religion, Law and the Irish State examines the constitutional framework governing State and religion in the broader context of the history, politics, and theory of the Church-State relationship. From a lawyer's perspective, the book provides an account of the case law and doctrine in specific areas, including religious freedom, religious equality, denominational autonomy, and Church-State separation, while also giving these subjects a comparative and theoretical treatment. For those approaching Church and State from different perspectives - including historians, political scientists, sociologists, and theologians - it offers an accessible and contextual account of the constitutional dimensions of the State-religion relationship. It explores the constitutional provisions as an expression of, but also a potential fetter upon, the evolving social and political role of religion.
Download or read book Neither Kingdom Nor Nation written by Neil Longley York and published by . This book was released on 1994 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using Anglo-Irish attempts to define and defend their civil rights, Neil Longley York demonstrates how political ideology is played out in a social context. His study begins with seventeenth-century expressions of Anglo-Irish grievance and proceeds, via an examination of patriot writings, to the union of the British and Irish parliaments in 1800. The author traces the development of an Irish constitutional tradition, which he sees as nationalistic and revolutionary, from its origin in seventeenth-century Protestant and Catholic sources and analyzes the impact of this tradition on Irish political institutions and on Ireland's place in the eighteenth-century British imperial system. He also shows how Irish Catholics helped to articulate a constitutional tradition that is normally thought of as originating with the Anglo-Irish Ascendancy. Thus, for York, the 1643 Argument of Patrick Darcy, a Catholic, deserves as prominent a place in the emergence of Irish constitutionalism as William Molyneux's more famous 1698 Case of Ireland Stated. The author's comparison of the Anglo-Irish to their American contemporaries allows him to put the Anglo-Irish problem into a larger context and to ask questions that Irish specialists have tended to pass over. That the Anglo-Irish talked the same constitutional language as their Revolutionary American cousins while pursuing different objectives is, according to York, a reminder that constitutional disquisition cannot be separated from social and political context. This is a notion rarely touched on by Irish historians but frequently explored at length by specialists in Revolutionary American history. This engaging study will prove especially useful to Irish studies specialists--particularly those interested in eighteenth-century Ireland and the Anglo-Irish Protestant Ascendancy, to students of British political and intellectual history, and to anyone interested in constitutional history presented in a socio-political context. Neil Longley York is an associate professor of history and past director of the American studies program at Brigham Young University. He is the author of Mechanical Metamorphosis: Technological Change in Revolutionary America (1985) and editor of Toward a More Perfect Union: Six Essays on the Constitution (1988). ------------------------------------------------------------------------------------------------------------------------------------------------ One of the most rewarding books on eighteenth-century Ireland published in the last generation.--Gerard O�Brien, Magee College, University of Ulster
Download or read book A V Dicey and the Common Law Constitutional Tradition written by Mark D. Walters and published by Cambridge University Press. This book was released on 2020-11-12 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers a distinctive account of the rule of law and legislative sovereignty within the work of Albert Venn Dicey.
Download or read book New Beginnings written by Bill Kissane and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "New Beginnings" covers Irish constitutional development from Home Rule to the Good Friday Agreement, focusing on turning points where radical constitutional change was discussed, attempted, or implemented. It asks what Irish constitution-makers were trying to do in drafting constitutional documents, or significantly amending existing constitutions. It deals with the 1919, 1922, and 1937 constitutions, debates over the 1937 constitution since 1969, and the 1998 Belfast peace agreement. Taking the relationship between constitutionalism and democracy as its key issue, it asks why Irish politicians have seen constitutions as ways of making democracy more manageable, rather than of furthering democracy. It is intended for students of politics and constitutional law, as well as the general reader, and written in an accessible style that assumes no prior knowledge of Irish constitutional history or law.
Download or read book The Politics of the Irish Constitution written by Basil Chubb and published by . This book was released on 1991 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Irish Parliamentary Tradition written by Brian Farrell and published by Dublin : Gill and Macmillan ; New York : Barnes & Noble Books. This book was released on 1973 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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.
Download or read book The Irish Constitution written by Darrell Figgis and published by BoD – Books on Demand. This book was released on 2020-07-18 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reproduction of the original: The Irish Constitution by Darrell Figgis
Download or read book Bills of Rights and Decolonization written by Charles Parkinson and published by Oxford University Press. This book was released on 2007-11-22 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: "It presents an alternative perspective on the end of Empire by focusing upon one aspect of constitutional decolonization and the importance of the local legal culture in determining each dependency's constitutional settlement, and provides a series of empirical case studies on the incorporation of human rights instruments into domestic constitutions when negotiated between a state and its dependencies. More generally this book highlights Britain's human rights legacy to its former Empire."--BOOK JACKET.
Download or read book The Foundations and Traditions of Constitutional Amendment written by Richard Albert and published by Bloomsbury Publishing. This book was released on 2017-07-13 with total page 679 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is growing interest in constitutional amendment from a comparative perspective. Comparative constitutional amendment is the study of how constitutions change through formal and informal means, including alteration, revision, evolution, interpretation, replacement and revolution. The field invites scholars to draw insights about constitutional change across borders and cultures, to uncover the motivations behind constitutional change, to theorise best practices, and to identify the theoretical underpinnings of constitutional change. This volume is designed to guide the emergence of comparative constitutional amendment as a distinct field of study in public law. Much of the recent scholarship in the field has been written by the scholars assembled in this volume. This book, like the field it hopes to shape, is not comparative alone; it is also doctrinal, historical and theoretical, and therefore offers a multiplicity of perspectives on a subject about which much remains to be written. This book aspires to be the first to address comprehensively the new dimensions of the study of constitutional amendment, and will become a reference point for all scholars working on the subject. The volume covers all of the topics where innovative work is being done, such as the notion of the people, the trend of empirical quantitative approaches to constitutional change, unamendability, sunrise clauses, constitutional referenda, the conventional divide between constituent and constituted powers, among other important subjects. It creates a dialogue that cuts through these innovative conceptualisations and highlights scholarly disagreement and, in so doing, puts ideas to the test. The volume therefore captures the fierce ongoing debates on the relevant topics, it reveals the current trends and contested issues, and it offers a variety of arguments elaborated by prominent experts in the field. It will open the way for further dialogue.
Download or read book Politics in the Republic of Ireland written by John Coakley and published by Routledge. This book was released on 2004-08-02 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on the success of the first two editions, Politics in the Republic of Ireland continues to provide an authoritative introduction to all aspects of politics in the Irish Republic.
Download or read book From Parnell to Paisley written by Caoimhe Nic Dháibhéid and published by . This book was released on 2010 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a guide to over 100 years of Irish history. It is a sustained analysis of its constitutional and revolutionary politics and contributes to our understanding of the causes and consequences of constitutional and revolutionary politics there.
Download or read book American Sovereigns written by Christian G. Fritz and published by Cambridge University Press. This book was released on 2007-10-29 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: American Sovereigns: The People and America's Constitutional Tradition Before the Civil War challenges traditional American constitutional history, theory and jurisprudence that sees today's constitutionalism as linked by an unbroken chain to the 1787 Federal constitutional convention. American Sovereigns examines the idea that after the American Revolution, a collectivity - the people - would rule as the sovereign. Heated political controversies within the states and at the national level over what it meant that the people were the sovereign and how that collective sovereign could express its will were not resolved in 1776, in 1787, or prior to the Civil War. The idea of the people as the sovereign both unified and divided Americans in thinking about government and the basis of the Union. Today's constitutionalism is not a natural inheritance, but the product of choices Americans made between shifting understandings about themselves as a collective sovereign.
