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.
Drafting the Irish Free State Constitution challenges the myths surrounding the Irish Free Constitution by analysing the document in its proper historical context, by looking at how the Constitution was drafted and elucidating the true nature of the document. It examines the reasons why the Constitution did not function as anticipated and investigates whether the failures of the document can be attributed to errors of judgement in the drafting process or to subsequent events and treatment of the document. As well as giving a comprehensive account of the drafting stages and an analysis of the three alternative drafts for the first time, the book considers the intellectual influences behind the Constitution and the central themes of the document. This work constitutes a new look at this historic document through a legal lens and the analysis benefits from the advantage of hindsight as well as from the fact that the archival material is now available.
American Journal of Legal History, 2014/01/01, Vol: 54, p1
civil procedure, contracts law, copyright law, and international trade law
The Irish Free State Constitution was the first Constitution of independent Ireland, drawn up after the close of the Irish War of Independence. The Constitution was in force from 1922 until 1937, when it was replaced with a new Constitution: Bunreacht na hÉire-ann. It was born in the midst of a Civil War, which broke out over disagreements relating to the status of the embryonic Irish State and the continuing ties with the British Empire. Because of the political context, the Constitution has been the subject of much controversy and misinformation, myths and half-truths, which in turn, has promoted a certain level of contempt or derision with regard to the document. It is one of the most misunderstood aspects of the Irish legal system. The problem with this is that the 1937 Constitution was not a completely new document; on the contrary, it contains most of its predecessor, with certain additions and subtractions. Modern Ireland is today going through the most significant period of constitutional reform since 1937, as it has been recognised that many aspects of our current document are out of date and in need of reform. However, in order to understand the provisions of the Irish Constitution of today, it is first necessary to understand those provisions as originally drafted and in their original context. Thus, the 1922 Irish Free State Constitution has once again become relevant. Although it was our first Constitution and still forms the spine of our current Constitution, the 1922 document has ...