The Political Theory Of The Irish Constitution
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| Author | : Eoin Daly |
| Publisher | : Manchester University Press |
| Total Pages | : 331 |
| Release | : 2015-07-01 |
| Genre | : Political Science |
| ISBN | : 0719098866 |
The political theory of the Irish Constitution considers Irish constitutional law and the Irish constitutional tradition from the perspective of Republican theory. It analyses the central devices and doctrines of the Irish Constitution – popular sovereignty, constitutional rights and judicial review – in light of Republican concepts of citizenship and civic virtue. The Constitution, it will argue, can be understood as a framework for promoting popular participation in government as much as a mechanism for protecting individual liberties. It will be of interest to students and researchers in Irish politics, political theory and constitutional law, and to all those interested in political reform and public philosophy in Ireland.
| Author | : Brendan Bradshaw |
| Publisher | : CUP Archive |
| Total Pages | : 326 |
| Release | : 1979-10-11 |
| Genre | : History |
| ISBN | : 9780521222068 |
Historiography has highlighted Ireland's sixteenth-century rebellions and ignored its revolution. The transformation of the island's political personality in the course of the middle Tudor period must be the last remarked-upon change in its whole history. Yet it might be claimed to be the most remarkable. It provided Ireland with its first sovereign constitution, gave it for the first time an ideology of nationalism, and proposed a practical political objective which has inspired and eluded a host of political movements ever since: the unification of the island's pluralistic community into a coherent political entity. The reason for the neglect lies partly in another remarkable feature of the revolution itself, the circumstances of its accomplishment. it was engineered by Anglo-Irish politicians, in collaboration with an English head of government in Ireland, and by constitutional means, in particular by parliamentary statute.
| 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.
| Author | : Anneli Albi |
| Publisher | : Springer |
| Total Pages | : 1522 |
| Release | : 2019-05-29 |
| Genre | : Law |
| ISBN | : 9462652732 |
This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
| Author | : Bill Kissane |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2011 |
| Genre | : Constitutional history |
| ISBN | : 9781906359515 |
"New Beginnings" covers Irish constitutional development from Home Rule to the Good Friday Agreement, focusing on turning points where radical constitutional change was discussed, attempted, or implemented. It asks what Irish constitution-makers were trying to do in drafting constitutional documents, or significantly amending existing constitutions. It deals with the 1919, 1922, and 1937 constitutions, debates over the 1937 constitution since 1969, and the 1998 Belfast peace agreement. Taking the relationship between constitutionalism and democracy as its key issue, it asks why Irish politicians have seen constitutions as ways of making democracy more manageable, rather than of furthering democracy. It is intended for students of politics and constitutional law, as well as the general reader, and written in an accessible style that assumes no prior knowledge of Irish constitutional history or law.
| Author | : Bill Kissane |
| Publisher | : |
| Total Pages | : 312 |
| Release | : 2002 |
| Genre | : History |
| ISBN | : |
This is a systematic account of why Ireland remained democratic after independence. Bill Kissane analyzes the Irish case from a comparative international perspective and by discussing it in terms of the classic works of democratic theory. Each chapter tests the explanatory power of a particular approach, and the result is a mixture of political history, sociology, and political science. Taking issue with many conventional assumptions, Kissane questions whether Irish democracy after 1921 was really a surprise, by relating the outcome to the level of socio-economic development, the process of land reform, and the emergence of a strong civil society under the Union. On the other hand, things did not go according to plan in 1922, and two chapters are devoted to the origins and nature of the civil war. The remaining chapters are concerned with analyzing how democracy was rebuilt after the civil war; Kissane questions whether that achievement was entirely the work of the pro-Treatyites.Indeed, by focusing on the continued divisiveness of the Treaty issue, the nature of constitutional republicanism, and the significance of the 1937 constitution, Kissane argues that Irish democracy was not really consolidated until the late 1930s, and that that achievement was largely the work of de Valera.
| Author | : Darrell Figgis |
| Publisher | : BoD – Books on Demand |
| Total Pages | : 74 |
| Release | : 2020-07-18 |
| Genre | : Fiction |
| ISBN | : 3752324147 |
Reproduction of the original: The Irish Constitution by Darrell Figgis
| Author | : Dr Oran Doyle |
| Publisher | : |
| Total Pages | : 650 |
| Release | : 2019-08-19 |
| Genre | : Constitutional law |
| ISBN | : 9781911611271 |
| Author | : Laura Cahillane |
| Publisher | : Manchester University Press |
| Total Pages | : 437 |
| Release | : 2017-02-28 |
| Genre | : Law |
| ISBN | : 1526108208 |
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.
| Author | : John Coakley |
| Publisher | : Routledge |
| Total Pages | : 420 |
| Release | : 2017-12-01 |
| Genre | : History |
| ISBN | : 1317312694 |
Politics in the Republic of Ireland is now available in a fully revised sixth edition. Building on the success of the previous five editions, it continues to provide an authoritative introduction to all aspects of the government and politics in the Republic of Ireland. Written by some of the foremost experts on Irish politics, it explains, analyses and interprets the background to Irish government and contemporary political processes. It devotes chapters to every aspect of contemporary Irish government and politics, including the political parties and elections, the constitution, the Taoiseach and the governmental system, women and politics, the role of parliament, and Ireland’s place within the European Union. Bringing students up to date with the very latest developments, especially with the upheaval in the Irish party system, Coakley and Gallagher combine substance with a highly readable style, providing an accessible textbook that meets the needs of all those who are interested in knowing how politics and government operate in Ireland.
