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 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 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 331 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 Irish Constitution written by Gerard Hogan and published by Bloomsbury Professional. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is the latest edition of the late J M Kelly's seminal work, recognised as the authoritative and definitive commentary on our fundamental law, providing 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. Key features in this fourth edition include marginal notes which make it easier to use plus a greatly expanded commentary. 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."
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 437 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 Constitutional Law in Ireland written by Laura Cahillane and published by Kluwer Law International B.V.. This book was released on 2020-12-20 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this very useful analysis of constitutional law in Ireland provides essential information on the country’s sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure. Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Ireland will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law.
Download or read book Judges Politics and the Irish Constitution written by Laura Cahillane and published by . This book was released on 2017 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays on politics and judicial power in Ireland, featuring contributions from scholars, judges and legal practitioners.
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 421 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
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 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 The International Survey of Family Law 1994 written by Andrew Bainham and published by Martinus Nijhoff Publishers. This book was released on 1996-03-14 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "International Survey of Family Law," published on behalf of the International Society of Family Law, is the successor to the Annual Survey of Family Law'. It provides information, analysis and comment on recent developments in Family Law across the world on a country-by- country basis. The Survey is published annually and its subtitle reflects the calendar year surveyed. Where a country has been regularly surveyed each year, the developments discussed correspond to the year in question. If certain countries have not been surveyed for some years the contributions will usually attempt to cover the intervening period. This applies, for example, in the present volume to the contributions relating to China and Turkey. If countries are being covered for the first time, then more background information will be provided about the state of family law in the country in question. Examples in this volume are the contributions from Bulgaria and Malta.
Download or read book The National Courts Mandate in the European Constitution written by Monica Claes and published by Bloomsbury Publishing. This book was released on 2006-03-31 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt: The reform of the European Constitution continues to dominate news headlines and has provoked a massive debate, unprecedented in the history of EU law. Against this backdrop Monica Claes' book offers a "bottom up" view of how the Constitution might work, taking the viewpoint of the national courts as her starting point, and at the same time returning to fundamental principles in order to interrogate the myths of Community law. Adopting a broad, comparative approach, she analyses the basic doctrines of Community law from both national constitutional perspectives as well as the more usual European perspective. It is only by combining the perspectives of the EU and national constitutions, she argues, that a complete picture can be obtained, and a solid theoretical base (constitutional pluralism) developed. Her comparative analysis encompasses the law in France, Belgium, Denmark, the Netherlands, Germany, Ireland, Italy and the United Kingdom and in the course of her inquiry discusses a wide variety of prominent problems. The book is structured around three main themes, coinciding with three periods in the development of the judicial dialogue between the ECJ and the national courts. The first focuses on the ordinary non-constitutional national courts and how they have successfully adapted to the mandates developed by the ECJ in Simmenthal and Francovich. The second examines the constitutional and other review courts and discusses the gradual transformation of the ECJ into a constitutional court, and its relationship to the national constitutional courts. The contrast is marked; these courts are not specifically empowered by the case law of the ECJ and have reacted quite differently to the message from Luxembourg, leaving them apparently on collision course with the ECJ in the areas of judicial Kompetenz Kompetenz and fundamental rights. The third theme reprises the first two and places them in the context of the current debate on the Constitution for Europe and the Convention, taking the perspective of the national courts as the starting point for a wide-ranging examination of EU's constitutional fundamentals. In so doing it argues that the new Constitution must accommodate the national perspective if it is to prove effective.
Download or read book Constitutional Change and Popular Sovereignty written by Maria Cahill and published by Routledge. This book was released on 2021-07-15 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection focuses on the particular nexus of popular sovereignty and constitutional change, and the implications of the recent surge in populism for systems where constitutional change is directly decided upon by the people via referendum. It examines different conceptions of sovereignty as expressed in constitutional theory and case law, including an in-depth exploration of the manner in which the concept of popular sovereignty finds expression both in constitutional provisions on referendums and in court decisions concerning referendum processes. While comparative references are made to a number of jurisdictions, the primary focus of the collection is on the experience in Ireland, which has had a lengthy experience of referendums on constitutional change and of legal, political and cultural practices that have emerged in association with these referendums. At a time when populist pressures on constitutional change are to the fore in many countries, this detailed examination of where the Irish experience sits in a comparative context has an important contribution to make to debates in law and political science.
Download or read book Making Constitutions in Deeply Divided Societies written by Hanna Lerner and published by Cambridge University Press. This book was released on 2011-05-12 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can societies still grappling over the common values and shared vision of their state draft a democratic constitution? This is the central puzzle of Making Constitutions in Deeply Divided Societies. While most theories discuss constitution-making in the context of a moment of revolutionary change, Hanna Lerner argues that an incrementalist approach to constitution-making can enable societies riven by deep internal disagreements to either enact a written constitution or function with an unwritten one. She illustrates the process of constitution-writing in three deeply divided societies - Israel, India and Ireland - and explores the various incrementalist strategies deployed by their drafters. These include the avoidance of clear decisions, the use of ambivalent legal language and the inclusion of contrasting provisions in the constitution. Such techniques allow the deferral of controversial choices regarding the foundational aspects of the polity to future political institutions, thus enabling the constitution to reflect a divided identity.
Download or read book Abortion and Divorce Law in Ireland written by Jennifer E. Spreng and published by McFarland. This book was released on 2015-03-12 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1991, the people of Ireland elected Mary Robinson, a women's rights crusader who supported legalized birth control and divorce, as their president. The country seemed poised for massive social and legal change, but it became apparent that even though Ireland at the dawn of the 21st century would be very different from the Ireland of the past, many fundamentals would remain the same. This book examines Irish abortion and divorce law in their historical, religious, and cultural contexts. Its main focus is on the well-publicized referenda and court cases of the 1980s and 1990s, with special attention given to their roots and potential long-term effects on the communitarian Irish culture and opportunities for Irish women. The author identifies and discusses three forces that have affected Irish law and mores, especially those relating to abortion and divorce: economic insecurity; a sense of group loyalty and identification, particularly within families and churches; and Catholic teaching about the common good.
Download or read book Redmond on Dismissal Law written by Desmond Ryan and published by Bloomsbury Publishing. This book was released on 2018-01-05 with total page 732 pages. Available in PDF, EPUB and Kindle. Book excerpt: Redmond on Dismissal Law, 3rd edition (previous edition titled: Dismissal Law in Ireland) explains the workings of dismissal law (wrongful and unfair) and details the introduction of the new Workplace Relations Commission. The Irish Government's Workplace Relations Reform Programme delivered a two-tier Workplace Relations structure by merging the activities of the National Employment Rights Authority, the Labour Relations Commission, the Equality Tribunal and the first instance functions of the Labour Court and the Employment Appeals Tribunal into a new Body of First Instance, the Workplace Relations Commission (WRC). The WRC provides a single portal of entry for all employment and equality related information requests, and employment and equality rights complaints and referrals. It also plays a key role in encouraging employers and employees to resolve issues at workplace level thereby reducing the number of cases going forward for inspection or adjudication. The book is useful to both practitioners and students in detailing how the law works and how the new system works. The book covers all relevant legislation, including the many amendments to the Unfair Dismissals Act 1977, and it provides expert guidance for employers and employees on their respective rights and legal obligations regarding termination of employment under the common law as well as unfair dismissals legislation. Includes coverage of the Industrial Relations (Amendment) Act 2012, the Industrial Relations (Amendment) Act 2015 and Workplace Relations Act 2015.
Download or read book Education and the Law written by Dympna Glendenning and published by Bloomsbury Publishing. This book was released on 2023-03-31 with total page 749 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal issues encroach into almost every aspect of modern day education in Ireland. Education and the Law has been completely updated since the last edition published in 2012. It examines in detail recent key legislation including the Education (Admissions to School) Act 2018 and the Data Protection Act 2018. It has also been restructured for ease of use and reference. An essential title, it examines the legal issues surrounding teaching and education, such as the employment of teachers, school discipline, bullying, freedom of information, and the State's responsibility for educating children with special educational needs. Membership of the European Union has also resulted in many changes arising from the principles of free movement, non-discrimination and the common vocational training policy. These developments, as well as the key legislation (including the Education Act 1998, the Education (Welfare) Act 2000, the Education for Persons with Special Educational Needs Act 2004 and the Disability Act 2005) are examined in detail. Education and the Law also takes an historical look at the legal aspects of the education system in Ireland, and it traces the distinctive development of the Irish education system but it also looks at the future direction of education in Ireland and at the likely impact of equality law, human rights law and membership of the enlarged European Community on Ireland's largely denominational education system. Elizabeth-Ann Kirwan contributed to this edition. Elizabeth-Ann is a practising barrister. She is a member of the Bar of Ireland and holds a Barrister-at-Law Degree from the Honorable Society of the King's Inns. She is an experienced educator: a qualified teacher, with a wide teaching experience at school, third level, and continuing professional education. She is also experienced in industrial relations matters, advising and representing employees and employers in employment and professional statutory procedures.
