The Irish Constitutional Tradition
Download The Irish Constitutional Tradition full books in PDF, epub, and Kindle. Read online free The Irish Constitutional Tradition ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
| 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 | : Mark D. Walters |
| Publisher | : Cambridge University Press |
| Total Pages | : 479 |
| Release | : 2020-11-12 |
| Genre | : Biography & Autobiography |
| ISBN | : 1107028477 |
Offers a distinctive account of the rule of law and legislative sovereignty within the work of Albert Venn Dicey.
| 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 | : Alan J. Ward |
| Publisher | : Catholic University of Amer Press |
| Total Pages | : 412 |
| Release | : 1994 |
| Genre | : Political Science |
| ISBN | : 9780813207933 |
""The author's contribution to the study of this topic is of major significance. What is particularly impressive is the scope and intellectual ambition of the book. In this age of excessively narrow specialization, few scholars would have the boldness, the imagination, or the breadth of interest and learning to sustain such a study extending over two centuries.""--Ronan Fanning, Professor of Modern History, University College, Dublin
| Author | : Caoimhe Nic Dháibhéid |
| Publisher | : |
| Total Pages | : 278 |
| Release | : 2010 |
| Genre | : History |
| ISBN | : |
This is a guide to over 100 years of Irish history. It is a sustained analysis of its constitutional and revolutionary politics and contributes to our understanding of the causes and consequences of constitutional and revolutionary politics there.
| 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 | : Charles Parkinson |
| Publisher | : Oxford University Press |
| Total Pages | : 314 |
| Release | : 2007-11-22 |
| Genre | : History |
| ISBN | : 0199231931 |
"It presents an alternative perspective on the end of Empire by focusing upon one aspect of constitutional decolonization and the importance of the local legal culture in determining each dependency's constitutional settlement, and provides a series of empirical case studies on the incorporation of human rights instruments into domestic constitutions when negotiated between a state and its dependencies. More generally this book highlights Britain's human rights legacy to its former Empire."--BOOK JACKET.
| 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 | : Richard Albert |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 709 |
| Release | : 2017-07-13 |
| Genre | : Law |
| ISBN | : 1509908269 |
There is growing interest in constitutional amendment from a comparative perspective. Comparative constitutional amendment is the study of how constitutions change through formal and informal means, including alteration, revision, evolution, interpretation, replacement and revolution. The field invites scholars to draw insights about constitutional change across borders and cultures, to uncover the motivations behind constitutional change, to theorise best practices, and to identify the theoretical underpinnings of constitutional change. This volume is designed to guide the emergence of comparative constitutional amendment as a distinct field of study in public law. Much of the recent scholarship in the field has been written by the scholars assembled in this volume. This book, like the field it hopes to shape, is not comparative alone; it is also doctrinal, historical and theoretical, and therefore offers a multiplicity of perspectives on a subject about which much remains to be written. This book aspires to be the first to address comprehensively the new dimensions of the study of constitutional amendment, and will become a reference point for all scholars working on the subject. The volume covers all of the topics where innovative work is being done, such as the notion of the people, the trend of empirical quantitative approaches to constitutional change, unamendability, sunrise clauses, constitutional referenda, the conventional divide between constituent and constituted powers, among other important subjects. It creates a dialogue that cuts through these innovative conceptualisations and highlights scholarly disagreement and, in so doing, puts ideas to the test. The volume therefore captures the fierce ongoing debates on the relevant topics, it reveals the current trends and contested issues, and it offers a variety of arguments elaborated by prominent experts in the field. It will open the way for further dialogue.
| Author | : Mícheál Ó Siochrú |
| Publisher | : |
| Total Pages | : 302 |
| Release | : 1999 |
| Genre | : History |
| ISBN | : |
This book examines political and constitutional developments in confederate Ireland from the formation of embryonic governmental institutions in 1642 until the signing of the 'Second Ormond Peace' in 1649. This book challenges certain misconceptions common to most previously published research on the nature and operation of the confederate association. These misconceptions originate in a failure to accurately classify the different social and cultural groups who formed that alliance, leading to a misunderstanding of the relationship between the confederates and, more importantly, of what originally united, and ultimately divided them.
