Law and Religion in Ireland, 1700-1970

Law and Religion in Ireland, 1700-1970
Author: Kevin Costello
Publisher: Springer Nature
Total Pages: 404
Release: 2021-10-29
Genre: Law
ISBN: 303074373X

This book focuses, from a legal perspective, on a series of events which make up some of the principal episodes in the legal history of religion in Ireland: the anti-Catholic penal laws of the late seventeenth and early eighteenth century; the shift towards the removal of disabilities from Catholics and dissenters; the dis-establishment of the Church of Ireland; and the place of religion, and the Catholic Church, under the Constitutions of 1922 and 1937.

Religion, Law and the Irish State

Religion, Law and the Irish State
Author: Eoin Daly
Publisher:
Total Pages: 0
Release: 2012
Genre: Church and state
ISBN: 9781905536498

Religion features prominently in Irish history and politics. Its peculiar legal status represents one of the distinctive features of the Irish constitutional tradition. The 1937 Constitution accords religion a central position as an anchoring point of Ireland's national identity, yet also includes ostensibly strong guarantees of freedom of conscience and religion, and of equality on religious grounds, that are typical of liberal-democratic constitutional systems. It synthesizes competing theories and models, tentatively affirming religion's public status, yet committing it to the private sphere for most purposes. For the most part, the historically close relationship between the State and the Catholic Church found no clear mandate in the constitutional text, which, contrary to prevailing perceptions, imposes a limited form of Church-State separation - although the exact boundaries it imposes remain unclear. More specifically, the legal principles and doctrines relating to religious practice are ambiguous and underdeveloped, particularly in issues surrounding religious freedom and denominational autonomy. The extent to which the Constitution protects religious activity from State interference has never been decisively resolved; additionally, constitutional considerations underlie resurgent contemporary controversies in the field of Church and State - particularly in the recent public debate on the role of religion in schools. Accordingly, Religion, Law and the Irish State examines the constitutional framework governing State and religion in the broader context of the history, politics, and theory of the Church-State relationship. From a lawyer's perspective, the book provides an account of the case law and doctrine in specific areas, including religious freedom, religious equality, denominational autonomy, and Church-State separation, while also giving these subjects a comparative and theoretical treatment. For those approaching Church and State from different perspectives - including historians, political scientists, sociologists, and theologians - it offers an accessible and contextual account of the constitutional dimensions of the State-religion relationship. It explores the constitutional provisions as an expression of, but also a potential fetter upon, the evolving social and political role of religion.

Ireland's Holy Wars

Ireland's Holy Wars
Author: Marcus Tanner
Publisher: Yale University Press
Total Pages: 532
Release: 2003-01-01
Genre: History
ISBN: 9780300092813

For much of the twentieth century, Ireland has been synonymous with conflict, the painful struggle for its national soul part of the regular fabric of life. And because the Irish have emigrated to all parts of the world--while always remaining Irish--"the troubles" have become part of a common heritage, well beyond their own borders. In most accounts of Irish history, the focus is on the political rivalry between Unionism and Republicanism. But the roots of the Irish conflict are profoundly and inescapably religious. As Marcus Tanner shows in this vivid, warm, and perceptive book, only by understanding the consequences over five centuries of the failed attempt by the English to make Ireland into a Protestant state can the pervasive tribal hatreds of today be seen in context. Tanner traces the creation of a modern Irish national identity through the popular resistance to imposed Protestantism and the common defense of Catholicism by the Gaelic Irish and the Old English of the Pale, who settled in Ireland after its twelfth-century conquest. The book is based on detailed research into the Irish past and a personal encounter with today's Ireland, from Belfast to Cork. Tanner has walked with the Apprentice Boys of Derry and explored the so-called Bandit Country of South Armagh. He has visited churches and religious organizations across the thirty-two counties of Ireland, spoken with priests, pastors, and their congregations, and crossed and re-crossed the lines that for centuries have isolated the faiths of Ireland and their history.