Author: IrelandPublisher:
ISBN:
Category : Constitutions
Languages : ga
Pages : 235
Book Description
Kelly: The Irish Constitution
Author: Gerard HoganPublisher: Bloomsbury Publishing
ISBN: 1784516678
Category : Law
Languages : en
Pages : 3040
Book Description
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.
Drafting the Irish Constitution, 1935–1937
Author: Donal K. CoffeyPublisher: Springer
ISBN: 331976246X
Category : Law
Languages : en
Pages : 319
Book Description
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.
75 Years of the Constitution of Ireland
Author: Giuseppe Franco FerrariPublisher:
ISBN: 9781905536665
Category : Constitutional history
Languages : en
Pages : 0
Book Description
"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.
The Constitution of Ireland
Author: Oran DoylePublisher: Bloomsbury Publishing
ISBN: 1509903445
Category : Law
Languages : en
Pages : 257
Book Description
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.
Constitutional Law of Ireland
Author: Michael FordePublisher: Bloomsbury Publishing
ISBN: 1784518751
Category : Law
Languages : en
Pages : 1220
Book Description
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.
Constitution of Ireland
Author: People of IrelandPublisher: DigiCat
ISBN:
Category : History
Languages : en
Pages : 47
Book Description
The Constitution of Ireland is the fundamental law of Ireland that maintains the national sovereignty of the Irish people. It ensures certain fundamental rights, a popularly elected non-executive president, a bicameral parliament, separation of powers, and judicial review.
John Hearne
Author: Eugene BroderickPublisher: Merrion Press
ISBN: 1911024558
Category : Biography & Autobiography
Languages : en
Pages : 336
Book Description
John Hearne: Architect of the 1937 Constitution of Ireland is the first-ever biography of the ‘architect in chief and draftsman’ of the constitution. In the six-year period that it took to draft the constitution, John Hearne was involved at every stage alongside Éamon de Valera; his attitudes and concerns – especially with the protection of human rights in a period which saw the rise of dictatorships throughout Europe – governed the make-up of the fundamental law. This law still stands today and reverberates through every call for referendum or repeal. John Hearne is the biography of a man, later Irish Ambassador to Canada and the United States, who masterminded Irish policy, nationally and internationally, for decades; his essential role in the making of the constitution will result in a greater understanding and re-evaluation of one of its most defining and controversial documents.
Drafting the Irish Free State Constitution
Author: Laura CahillanePublisher: Manchester University Press
ISBN: 1526100193
Category : Law
Languages : en
Pages : 400
Book Description
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
Ireland's Evolving Constitution
Author: Tim MurphyPublisher: Hart Publishing
ISBN:
Category : History
Languages : en
Pages : 366
Book Description
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.
