A Troubled Constitutional Future

A Troubled Constitutional Future
Author: Mary C. Murphy
Publisher:
Total Pages: 0
Release: 2022
Genre: LAW
ISBN: 9781788214117

The UK's decision to leave the EU has opened up huge existential questions for Northern Ireland as it marks its centenary. Constitutional conflict in Northern Ireland had been regarded as largely resolved and settled, but Brexit has altered the wider constitutional framework within which the 1998 Good Friday Agreement is situated. With the question of Irish unity gaining renewed and sustained traction, and with trade, relationships and politics across "these islands" in a state of flux, Northern Ireland approaches a constitutional moment. Murphy and Evershed examine the factors, actors and dynamics that are most likely to be influential, and potentially transformative, in determining Northern Ireland's constitutional future. This book offers an assessment of how Brexit and its fallout may lead to constitutional upheaval, and a cautionary warning about the need to prepare for it.

Bordering Two Unions

Bordering Two Unions
Author: Sylvia de Mars
Publisher: Policy Press
Total Pages: 167
Release: 2018-08-23
Genre: Law
ISBN: 1447346203

Available Open Access under CC-BY-NC licence. How does Brexit change Northern Ireland’s system of government? Could it unravel crucial parts of Northern Ireland’s peace process? What are the wider implications of the arrangements for the Irish and UK constitutions? Northern Ireland presents some of the most difficult Brexit dilemmas. Negotiations between the UK and the EU have set out how issues like citizenship, trade, the border, human rights and constitutional questions may be resolved. But the long-term impact of Brexit isn’t clear. This thorough analysis draws upon EU, UK, Irish and international law, setting the scene for a post-Brexit Northern Ireland by showing what the future might hold.

Drafting the Irish Free State Constitution

Drafting the Irish Free State Constitution
Author: Laura Cahillane
Publisher: Manchester University Press
Total Pages: 421
Release: 2016-07-01
Genre: Law
ISBN: 1526100193

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

Constitutional Law in Ireland

Constitutional Law in Ireland
Author: Jennifer Kavanagh
Publisher:
Total Pages: 0
Release: 2018
Genre: Constitutional law
ISBN: 9781911611066

"Constitutional Law in Ireland" is an essential guide to the core principles and provisions of Irish Constitutional Law and is a new addition to the student focused Core Text Series. This book is written primarily for third level students who are covering Irish Constitutional Law as part of their law degree or related studies. Designed and written as an introductory text to the key principles of Irish constitutional law this book covers all the basic aspects of constitutional law, including the following: The constitutional history of Ireland; The concepts of the Nation and State with relation to the constitutional position of Northern Ireland, Ireland in the EU and International Relations; A consideration of the doctrine of the separation of powers, the organisation and powers of the organs of government, including the Oireachtas, the Cabinet, the Courts and the President; Constitutional Rights including Family, Life, Education and constitutional justice; The process of constitutional interpretation, amendment and reform including a consideration of proposed referendums. "Constitutional Law in Ireland" is an excellent introduction to this key area of undergraduate study, and can also be used as an ongoing revision and reference source to provide extra support to students throughout their studies. (Series: The Core Text Series) [Subject: Constitutional Law, Irish Law]

The Brexit Challenge for Ireland and the United Kingdom

The Brexit Challenge for Ireland and the United Kingdom
Author: Oran Doyle
Publisher: Cambridge University Press
Total Pages: 353
Release: 2021-08-26
Genre: History
ISBN: 110883292X

Evaluates the pressures, both institutional and territorial, that Brexit exerts on both the United Kingdom and Irish constitutional orders.

The Northern Ireland Question

The Northern Ireland Question
Author: Brian Barton
Publisher: Springer
Total Pages: 298
Release: 2009-01-15
Genre: Political Science
ISBN: 0230594808

The book examines how the Belfast Agreement came about and its effect on unionism, nationalism, the paramilitaries, electoral support for local parties and the constitutional position of Northern Ireland. It also considers the extent to which the Agreement may be regarded as an exercise in political cynicism or the basis for lasting peace.

John Hearne

John Hearne
Author: Eugene Broderick
Publisher: Merrion Press
Total Pages: 311
Release: 2017-05-15
Genre: Biography & Autobiography
ISBN: 1911024558

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.

Kelly: The Irish Constitution

Kelly: The Irish Constitution
Author: Gerard Hogan
Publisher: Bloomsbury Publishing
Total Pages: 3184
Release: 2018-12-13
Genre: Law
ISBN: 1784516686

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.

Northern Ireland and the UK Constitution

Northern Ireland and the UK Constitution
Author: Lisa Claire Whitten
Publisher: Haus Publishing
Total Pages: 123
Release: 2024-03-28
Genre: History
ISBN: 1913368963

A concise history of Northern Ireland through its pivotal moments. Since the United Kingdom’s withdrawal from the European Union, the constitutional position of Northern Ireland within the Union has endured an unusual level of attention. Northern Ireland and the UK Constitution leads us through its pivotal moments: the 1920–72 Unionist-led governments, the following thirty years of bitter conflicts, the 1998 Belfast/Good Friday Agreement, and the 2016 referendum on the United Kingdom’s membership in the European Union. Considering each of the moments in the broader setting of UK constitutional norms and narratives, she addresses the exceptional constitutional characteristics of Northern Ireland and the ways in which these have often resulted in “blindspot” analyses of the Union. This short book also considers the implications of Brexit and the constitutional impacts and shifts it has brought to Northern Ireland and discusses the possible constitutional repercussions.