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Book
253 pages : illustrations ; 24 cm
  • The Constitution Committee and the beginning of the drafting process
  • The drafts
  • Consideration by the government of the three drafts
  • British reaction to the draft constitution
  • Debates in the Constituent Assembly
  • Themes and influences
  • The people's constitution
  • Anti-party politics
  • The legacy of the Irish Free State Constitution.
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.
(source: Nielsen Book Data)9781784995119 20170502
Law Library (Crown)
Book
xviii, 296 pages ; 24 cm
  • Introduction / Laura Cahillane, James Gallen and Tom Hickey
  • In defence of judicial innovation and constitutional evolution / Fiona de Londras
  • Reappraising judicial supremacy in the Irish constitutional tradition / Eoin Daly
  • Unenumerated personal rights : the legacy of Ryan v. Attorney General / Gerard Hogan
  • Judges and the idea of "principle" in constitutional adjudication / Tom Hickey
  • O'Keeffe v. Ireland : overview and analysis / James Gallen
  • The jurisdiction of the European Court of Human Rights and the case of O'Keeffe v. Hickey / Adrian Hardiman
  • Subsidiarity of ECHR and O'Keeffe v. Ireland : a response to Mr. Justice Hardiman / Conor O'Mahony
  • Judicial appointments in Ireland : the potential for reform / Laura Cahillane
  • Merit, diversity and interpretative communities : the (non-party) politics of judicial appointments and constitutional adjudication / David Kenny
  • Speaking to power : mechanisms for judicial-executive dialogue / John O'Dowd
  • The Irish Constitution "from below" : squatting families versus property rights in Dublin, 1967-71 / Thomas Murray
  • "The union makes us strong" : National Union of Railwaymen v. Sullivan and the demise of vocationalism in Ireland / Donal Coffey
  • Ulster unionism and the Irish Constitution, 1970-85 / Rory Milhench
  • "Towards a better Ireland" : Donal Barrington and the Irish Constitution / Tomás Finn
  • Administrative action, the rule of law and unconstitutional vagueness / Oran Doyle
  • Article 16 of the Irish Constitution and judicial review of electoral processes / David Prendergast
  • Social and economic rights in the Irish Courts and the potential for constitutionalisation / Claire-Michelle Smyth.
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.
(source: Nielsen Book Data)9781526107312 20170717
Law Library (Crown)

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