Download or read book The Irish Supreme Court written by Brice Dickson and published by Oxford University Press. This book was released on 2019-01-17 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the jurisprudence of the Supreme Court of Ireland since its creation in 1924. It sets out the origins of the Court, explains how it operated during the life of the Irish Free State (1922-1937), and considers how it has developed various fields of law under Ireland's 1937 Constitution, especially after the 're-creation' of the Court in 1961. As well as constitutional law, the book looks at the Court's views on the status and legal system of Northern Ireland, administrative law, criminal justice and personal and family law. There are also chapters on the Supreme Court's interaction with European Union law and with the European Convention on Human Rights. The argument throughout is that, while the Court has been well served by many of its judges, who on occasion have manifested a healthy degree of judicial activism, there are still several legal fields in which the Court has not developed its jurisprudence as clearly or as imaginatively as it might have done. It has often displayed undue conservatism and deference. For many years its performance was hampered by its extreme workload, generated by its inability to control the number of appeals brought to it. However, the creation of a new Court of Appeal in 2014 has freed up the Supreme Court to act in a manner more analogous to that adopted by supreme courts in other common law countries. The Court's future looks bright.
Download or read book The Supreme Court written by Ruadhán Mac Cormaic and published by Penguin UK. This book was released on 2016-09-05 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'A wonderful book ... a superb book and it's not just for people interested in law; it tells you a lot about Ireland' Vincent Browne, TV3 The judges, the decisions, the rifts and the rivalries - the gripping inside story of the institution that has shaped Ireland. 'Combines painstaking research with acute analysis and intelligence' Colm Tóibín, Irish Times' Books of the Year '[Mac Cormaic] has done something unprecedented and done it with a striking maturity, balance and adroitness. He creates the intimacy necessary but never loses sight of the wider contexts; this is not just a book about legal history; it is also about social, political and cultural history ... [the Supreme Court] has found a brilliant chronicler in Ruadhan Mac Cormaic' Diarmaid Ferriter, Professor of Modern Irish History, UCD 'Mac Cormaic quite brilliantly tells the story ... balanced, perceptive and fair ... a major contribution to public understanding' Donncha O'Connell, Professor of Law, NUIG, Dublin Review of Books 'Compelling ... a remarkable story, told with great style' Irish Times 'Authoritative, well-written and highly entertaining' Sunday Times The work of the Supreme Court is at the heart of the private and public life of the nation. Whether it's a father trying to overturn his child's adoption, a woman asserting her right to control her fertility, republicans fighting extradition, political activists demanding an equal hearing in the media, women looking to serve on juries, the state attempting to prevent a teenager ending her pregnancy, a couple challenging the tax laws, a gay man fighting his criminalization simply for being gay, a disabled young man and his mother seeking to vindicate his right to an education, the court's decisions can change lives. Now, having had unprecedented access to a vast number of sources, and conducted hundreds of interviews, including with key insiders, award-winning Irish Times journalist Ruadhan Mac Cormaic lifts the veil on the court's hidden world. The Supreme Court reveals new and surprising information about well-known cases. It exposes the sometimes fractious relationship between the court and the government. But above all it tells a story about people - those who brought the cases, those who argued in court, those who dealt with the fallout and, above all, those who took the decisions. Judges' backgrounds and relationships, their politics and temperaments, as well as the internal tensions between them, are vital to understanding how the court works and are explored here in fascinating detail. The Supreme Court is both a riveting read and an important and revealing account of one of the most powerful institutions of our state. Ruadhan Mac Cormaic is the former Legal Affairs Correspondent and Paris Correspondent of the Irish Times. He is now the paper's Foreign Affairs Correspondent.
Download or read book The Irish Judiciary written by Paul Charles Bartholomew and published by . This book was released on 1971 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Power in Ireland written by Eoin Carolan and published by . This book was released on 2018-08 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Superior Courts of Law written by Eamonn G. Hall and published by Dr Edward Gerard Hall. This book was released on 2007 with total page 702 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dr Hall provides a history of law reporting in Ireland from the mid 1800s. His work celebrates case law and the decisions of the judges, and describes tensions between judges and reporters about what ought to be reported in an official series of reports.
Download or read book The Supreme Court of Judicature Ireland Act 1877 written by Ireland and published by . This book was released on 1879 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Authority of the Court and the Peril of Politics written by Stephen Breyer and published by Harvard University Press. This book was released on 2021-09-14 with total page 113 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sitting justice reflects upon the authority of the Supreme CourtÑhow that authority was gained and how measures to restructure the Court could undermine both the Court and the constitutional system of checks and balances that depends on it. A growing chorus of officials and commentators argues that the Supreme Court has become too political. On this view the confirmation process is just an exercise in partisan agenda-setting, and the jurists are no more than Òpoliticians in robesÓÑtheir ostensibly neutral judicial philosophies mere camouflage for conservative or liberal convictions. Stephen Breyer, drawing upon his experience as a Supreme Court justice, sounds a cautionary note. Mindful of the CourtÕs history, he suggests that the judiciaryÕs hard-won authority could be marred by reforms premised on the assumption of ideological bias. Having, as Hamilton observed, Òno influence over either the sword or the purse,Ó the Court earned its authority by making decisions that have, over time, increased the publicÕs trust. If public trust is now in decline, one part of the solution is to promote better understandings of how the judiciary actually works: how judges adhere to their oaths and how they try to avoid considerations of politics and popularity. Breyer warns that political intervention could itself further erode public trust. Without the publicÕs trust, the Court would no longer be able to act as a check on the other branches of government or as a guarantor of the rule of law, risking serious harm to our constitutional system.
Download or read book Law and Legitimacy in the Supreme Court written by Richard H. Fallon and published by Harvard University Press. This book was released on 2018-02-19 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow
Download or read book Criminal Law and Practice Review written by Ivana Bacik and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Criminal Law & Practice Review (formerly Criminal Law & Procedure Review) is a new book from Clarus Press in collaboration with the School of Law at Trinity College, Dublin. Originally based on the Criminal Law Update Conference held annually at Trinity College, the Review includes article versions of the papers presented at the conference, along with new articles and notes on recent developments in substantive and procedural criminal law in Ireland. The book will be of great interest to all criminal lawyers - including practitioners, academics, and students - as well as those interested in criminology, victimology, policing, evidence, and other related criminal law topics. Contents include: ** (Feature Articles) The Proposed Court of Appeal * Victims of Crime with Disabilities in Ireland * Sentencing White-Collar Crime Problems and Principles * Improperly Obtained Evidence, Silence, and Legal Advice: Ongoing Change in Seemingly Settled Situations? * Ireland's Proposed DNA Framework * Addressing Uncertainty in the Defenses of Self-Defense, Diminished Responsibility, and Provocation * Legislative Developments in Criminal Law and Procedure ** (Case and Commentary) Vague Offenses and the High Court * The Statutory Retention of Fingerprints.
Download or read book Summary Judgment in Ireland written by Pat J. Barrett and published by A&C Black. This book was released on 2013-01-01 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Summary Judgment in Ireland: Principles and Defences is a single source book that deals solely with the issue of summary judgments and is an efficient and convenient way for practitioners to research points relating to practice and procedure.A summary judgment is a judgment usually entered in a court office or by a court official for a fixed and agreed amount of money due as a debt where the person owing the money has not answered or entered a defence to the proceedings. A summary judgment is entered without the appearance of either party in court based on affidavit filed in the court office. Having a single volume to deal solely with the issue of summary judgments is an efficient and convenient for practitioners, solicitors and barristers in particular.Summary Judgment in Ireland: Principles and Defences describes the various situations in which the summary summons (fast-track debt collection) procedure provided for under Order 37 of the Superior Court Rules will be likely to succeed. Primary defences to this procedure, such as recent High and Supreme Court jurisprudence and precedents from other common law jurisdictions, are included.Contents includes:Introduction;Summary of the procedure;Application for summary judgment;Undue Influence/Duress;Agency;Fraud/Misrepresentation;Reckless Trading.
Download or read book Northern Irish Feminist Judgments written by Máiréad Enright and published by Bloomsbury Publishing. This book was released on 2017-02-09 with total page 701 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Northern/Irish Feminist Judgments Project inaugurates a fresh dialogue on gender, legal judgment, judicial power and national identity in Ireland and Northern Ireland. Through a process of judicial re-imagining, the project takes account of the peculiarly Northern/Irish concerns in shaping gender through judicial practice. This collection, following on from feminist judgments projects in Canada, England and Australia takes the feminist judging methodology in challenging new directions. This book collects 26 rewritten judgments, covering a range of substantive areas. As well as opinions from appellate courts, the book includes fi rst instance decisions and a fi ctional review of a Tribunal of Inquiry. Each feminist judgment is accompanied by a commentary putting the case in its social context and explaining the original decision. The book also includes introductory chapters examining the project methodology, constructions of national identity, theoretical and conceptual issues pertaining to feminist judging, and the legal context of both jurisdictions. The book, shines a light on past and future possibilities - and limitations - for judgment on the island of Ireland. 'This book provides a rich and expansive addition to the feminist judgments catalogue. The ... judgments demonstrate powerfully how Northern/Irish judges have contributed to the gendered politics of national identity, and how the narrow subject-positions they have created for women and 'others' could have been so much wider and more open.' Professor Rosemary Hunter, School of Law, Queen Mary University London. 'The Northern/Irish Feminist Judgments Project is inspirational reading for anyone interested in feminism or Irish studies ... It is a model of how to conduct feminist enquiry. Its most innovative contribution to scholarship and politics is how the rewriting of landmark legal judgments from a feminist perspective allows us to imagine (and therefore begin to construct) a more egalitarian, a more just, future.' Associate Professor Katherine O'Donnell, School of Philosophy, University College Dublin. If you let it, this book will make you think. ... It made me think – it reminded me, I suppose – that legal writing can be wonderful: rigorous, creative, deeply observant, provocative. Read it and see what it makes you think. Professor Thérèse Murphy, School of Law, Queen's University Belfast
Download or read book The Most Activist Supreme Court in History written by Thomas M. Keck and published by University of Chicago Press. This book was released on 2010-02-15 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: When conservatives took control of the federal judiciary in the 1980s, it was widely assumed that they would reverse the landmark rights-protecting precedents set by the Warren Court and replace them with a broad commitment to judicial restraint. Instead, the Supreme Court under Chief Justice William Rehnquist has reaffirmed most of those liberal decisions while creating its own brand of conservative judicial activism. Ranging from 1937 to the present, The Most Activist Supreme Court in History traces the legal and political forces that have shaped the modern Court. Thomas M. Keck argues that the tensions within modern conservatism have produced a court that exercises its own power quite actively, on behalf of both liberal and conservative ends. Despite the long-standing conservative commitment to restraint, the justices of the Rehnquist Court have stepped in to settle divisive political conflicts over abortion, affirmative action, gay rights, presidential elections, and much more. Keck focuses in particular on the role of Justices O'Connor and Kennedy, whose deciding votes have shaped this uncharacteristically activist Court.
Download or read book Byrne and McCutcheon on the Irish Legal System written by Raymond Byrne and published by Bloomsbury Professional. This book was released on 2014-10-31 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Byrne and McCutcheon on the Irish Legal System, 6th edition provides an excellent introduction to the legal system in Ireland and is essential for any student starting legal studies in Ireland. Beginning with an overview of the Irish Legal system and its history, it proceeds to discuss the profession and the law officers of the state including changes in the organisation of the profession in other common law states. It includes all the changes to the court systems and structure, Irish Constitution and EC Law since the last edition published in 2009. Byrne and McCutcheon on the Irish Legal System is an invaluable introduction to the law and provides an accessible and comprehensive point of reference for practitioners and students alike and is an essential text for students of Irish law. Key legislation and case law includes: Legal Services Regulation Bill 2011; The Thirty-Third Amendment of the Constitution (resulting in the creation of a new Court of Appeal); Arbitration Act 2010. Contents includes: 1. Introduction; 2. Development of the Legal System; 3. The Legal Profession; 4. The Court System; 5. First Instance Jurisdiction; 6. Civil and Criminal Procedure; 7. Appellate Jurisdiction; 8. Arbitration, Adjudicative Bodies and ADR; 9. Access to Law; 10. Remedies; 11. Law Reform; 12. Precedent; 13. Legislation; 14. Statutory Interpretation; 15. The Constitution; 16. EC Law; 17. International Law. Previous edition ISBN: 9781845922788
Download or read book Civil Appeals written by Michael Burton and published by Xpl Pub. This book was released on 2011-12-01 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any practitioner faced with the decision as to whether to appeal, or who has questions arising at each stage, will benefit enormously from a book that examines the law, principles, procedures, and processes involved. This leading work has been updated and restructured, to ensure it provides guidance on the complete and complex process of making a civil appeal. Clearly written and cross referenced, the books UK/European coverage of appeals includes: -- District Judges to Circuit Judges in the County Court -- Masters and District Judges to High Court Judges -- Court of Appeal -- House of Lords -- Privy Council -- The European Court -- The European Court of Human Rights -- Administrative Law and Elections
Download or read book The Lost Laws of Ireland written by Catherine Duggan and published by . This book was released on 2013-06 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ancient laws of Celtic Ireland were used from the time before Patrick until the 17th century when they were outlawed and disappeared. Crafted by judges, known as Brehons, the laws were surprisingly modern in their approach to timeless issues and reflect a complex and sophisticated society. This book gives an outline of the main features of the laws and their history, and ultimately focuses on certain themes that are significant to the modern reader, such as equity and fairness, transparent legal process and women's rights. Many of the legal manuscripts have been lost or destroyed and the laws were not translated into English until modern times. As a result, they have mostly remained obscure and unstudied. Only recently have they given up their secrets. The ancient laws provide a window into society in early Ireland where learning was revered, social mobility was expected and fairness and harmony were social goals. Their resilience demonstrates their value and effectiveness. The Brehon legal system came to an end officially in 1605 after enduring for over a thousand years.
Download or read book Constitutional Law in Ireland written by James P. Casey and published by . This book was released on 1987 with total page 654 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Practice and Procedure in the Superior Courts written by Benedict O'Floinn and published by Butterworths. This book was released on 2005-09-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this text provides a comprehensive source of practical advice on the rules of the Superior Courts. Prepared as a working guide, it leads readers through the rules, order by order, rule by rule, and directs them to all the relevant case laws, statutes, statutory instruments and practice directives. The text of each order is set out in full, followed by detailed notes and definitions of key terms. It is fully indexed and cross-referenced and the appendices to the rules are also included. Written specifically for practitioners, this is a user-friendly book which no Irish lawyer should be without.
