Relevant bibliographies by topics / Irish constitution

Academic literature on the topic 'Irish constitution'

Author: Grafiati
Published: 10 December 2022
Last updated: 28 January 2023

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Journal articles on the topic "Irish constitution"

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Murray, Thomas. "Contesting a World-Constitution? Anti-Systemic Movements and Constitutional Forms in Ireland, 1848-2008." Journal of World-Systems Research 22, no. 1 (March 22, 2016): 77–107. http://dx.doi.org/10.5195/jwsr.2016.603.

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Recent accounts of constitutional development have emphasised commonalities among diverse constitutions in terms of the transnational migration of legal institutions and ideas. World-systems analysis gives critical expression to this emergent intellectual trajectory. Since the late 18th century, successive, international waves of constitution-making have tended to correspond with decisive turning points in the contested formation of the historical capitalist world-system. The present article attempts to think through the nature of this correspondence in the Irish context. Changes to the Irish constitution, I suggest, owed to certain local manifestations of anti-systemic movements within the historical capitalist world-system and to constitution-makers’ attempts to contain – militarily, politically and ideologically – these movements’ democratic and egalitarian ideals and practices. Various configurations of the balance of power in Irish society between ‘national’ (core-peripheral) and ‘social’ (capital-labour/‘other’) forces crystallised in constitutional form. Thus far, conservative and nationalist constitutional projects have tended to either dominate or incorporate social democratic and radical ones, albeit a process continually contested at critical junctures by civil society and by the organised left, both old and new.
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Kenny, David. "The Virtues of Unprincipled Constitutional Compromises: Church and State in the Irish Constitution." European Constitutional Law Review 16, no. 3 (September 2020): 417–39. http://dx.doi.org/10.1017/s1574019620000218.

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Constitution making – Disagreement – Principled constitutionalism versus unprincipled bargaining – Pragmatism – Church and state – Separation of religion and law – Maintaining religious peace – Drafting of the Irish Constitution of 1937 – Placating Irish Catholicism – Accommodation of protestant religious minority – Balancing religious freedom and religiosity – Balancing fundamental rights and religious influence – Flexibility and adaptability – Pragmatic assessment of constitutions and constitution making
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Kenny, David. "Abortion, the Irish Constitution, and constitutional change." Revista de Investigações Constitucionais 5, no. 3 (September 5, 2018): 257. http://dx.doi.org/10.5380/rinc.v5i3.60967.

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O'Neill, Ailbhe. "The Effect of a Finding That Legislation is Unconstitutional: The Approach of the Irish Supreme Court." Common Law World Review 36, no. 3 (September 2007): 220–30. http://dx.doi.org/10.1350/clwr.2007.36.3.220.

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A number of common law jurisdictions permit the judiciary to strike down legislation which is inconsistent with that legal system's constitution. The Irish Constitution makes specific provision for this in Article 34.3.2°. The power to declare legislation invalid gives rise to a number of interesting questions concerning the temporal effect of such decisions. In Ireland, the courts have consistently adopted an approach whereby incompatible legislation which postdates the 1937 Constitution is deemed to have been void ab initio. Incompatible legislation originally passed by the British Parliament before 1937 is deemed not to have survived in Irish law from the date of the adoption of the Constitution. This gives rise to interesting issues surrounding the effect of past legal determinations which were based on such legislation. This problematic aspect of constitutional interpretation was considered at length by the Irish Supreme Court in the case of A v The Governor of Arbour Hill Prison (the ‘ A case’) in July 2006. This article explains the approach taken by the Irish courts to this aspect of constitutional interpretation and analyses the way in which the problem of legal effect was approached by the Supreme Court in the A case.
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Ward, Alan J. "Models of Government and Anglo-Irish Relations." Albion 20, no. 1 (1988): 19–42. http://dx.doi.org/10.2307/4049796.

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In 1922 the Irish Free State began life with a constitution which embodied two contradictory principles. The first recognized that all powers of government derive from the people and provided for a system of government in which the Irish Cabinet was clearly responsible to the popularly elected Irish lower house, Dail Eireann. The second recognized a monarch, King George V, as head of the Irish executive, with substantial prerogative powers derived not from the Irish people but from British common law. The constitution was a compromise between Britain and Irish republicans to end the Irish War of Independence. Though not every compromise in politics makes complete sense, for Britain this one represented more than a short-range expedient. Its contradictions represented the dying gasp in a long, often anguished, and ultimately futile attempt by Britain to devise a formula which would simultaneously permit the Irish a measure of self-government and protect vital British interests in Ireland.This essay will review the attempts to construct a satisfactory Anglo-Irish relationship in the years between 1782 and 1949. It will concentrate on four models of government proposed for Ireland: (a) the independent Irish Parliament of the period from 1782 to 1800, (b) O'Connell's proposals to repeal the union with Britain in the 1830s and 1840s, (c) the devolution proposed in the home rule bills of 1886, 1893, 1912, and the Government of Ireland Act of 1920, and (d) the independence provided in the Irish Free State constitution of 1922 and its successor, the Irish constitution of 1937. It will also place these models in the context of the constitutional evolution of the British Empire. In the Canadian, New Zealand, Australian, and South African colonies, colonial self-government and British imperial interests were reconciled, beginning in Nova Scotia in 1848, by using a kind of constitutional double-think involving the Crown and the colonial Governor. But the problem of the troubled Anglo-Irish relationship could not be resolved so easily.
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Butler, Andrew S. "JM Kelly's The Irish Constitution." Victoria University of Wellington Law Review 26, no. 3 (September 2, 1996): 615. http://dx.doi.org/10.26686/vuwlr.v26i3.6160.

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This article is a book review of G Hogan and G Whyte JM Kelly's The Irish Constitution (3rd ed, Buttersworths, Dublin, 1994) 1222 + cxxii pages (including index). A noticeable feature of the commentary and jurisprudence on modern New Zealand public law has been the willingness to draw on comparative material. Butler notes that Ireland is one such jurisdiction from which New Zealand draws inspiration, including Ireland's single transferable vote system (New Zealand's voting system at the time), as well as Ireland's status as a republic (given New Zealand's continued debate over republicanism). Butler concludes that the book is a worthwhile purchase for anyone for whom it is necessary to have ready, comprehensible and comprehensive access to Irish constitutional law.
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Hogan, Gerard. "The British-Irish Agreement and the Irish Constitution." European Public Law 6, Issue 1 (March 1, 2000): 1–11. http://dx.doi.org/10.54648/272005.

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Cahill, Maria. "Recognising Freedom of Thought in Irish Constitutional Law." European Journal of Comparative Law and Governance 8, no. 2-3 (March 30, 2021): 171–91. http://dx.doi.org/10.1163/22134514-bja10015.

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Abstract Recent technological advances have made clear that the law needs to take a stance in relation to freedom of thought. Although there is no formal recognition of freedom of thought in the text of the 1937 Constitution of Ireland, I will argue that such a right does exist in Irish law on the basis of both implicit and initial explicit recognition for freedom of thought in the decisions of the superior courts. Part 2 lays out the ways in which freedom of thought is implicitly recognised in the Irish legal system, both through the protection of other constitutional rights and through the place of international law in the Irish legal order. Part 3 takes the analysis a step further, using the doctrine of unenumerated rights (a peculiarity of Irish constitutional law) to spotlight an overlooked Supreme Court judgment in which the right to freedom of thought has been judicially recognised in the absence of a textual mandate in the Constitution. It then proceeds to shore up arguments in favour of such recognition, arguing that protecting freedom of thought is a good thing, because it honours human freedom and human dignity.
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Costello, Cathryn. "Ireland's Nice Referenda." European Constitutional Law Review 1, no. 3 (October 2005): 357–82. http://dx.doi.org/10.1017/s1574019605003573.

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Part One: Referenda required to amend Irish Constitution. Referenda on accession to EEC, the Single European Act, Maastricht and Amsterdam. Development by courts of rules for fairness of referendum campaigns. Referendum Acts and Referendum Commission.Part Two: First Nice Referendum dominated by euro-anxiety, Irish neutrality and enlargement. Second referendum on same subject not unusual and acceptable according to domestic criteria. Concessions and clarifications. Effect on the Convention on the Future of Europe.Part Three: implications for the Constitutional Treaty.
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Quinlivan, Shivaun, and Lucy-Ann Buckley. "Reasonable accommodation in Irish constitutional law: two steps forward and one step back – or simply out of step?" Northern Ireland Legal Quarterly 72, no. 1 (July 1, 2021): 61–88. http://dx.doi.org/10.53386/nilq.v72i1.551.

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By ratifying the United Nations Convention on the Rights of Persons with Disabilities (CRPD), Ireland has committed to implementing the principle of reasonable accommodation in multiple contexts. To date, however, it has failed to expand existing legislative measures. This article analyses the potential of the Irish Constitution to encompass a reasonable accommodation duty and meet Ireland’s CRPD obligations. It examines the constitutional model of equality, as well as judicial conceptualisations of disability, and argues that the Constitution is capable of accommodating a more robust legislative standard for reasonable accommodation than often thought, which is compatible with the CRPD. It also contends that recent decisions offer potential for the development of a constitutional reasonable accommodation duty. However, these apparent gains are fragile and the current constitutional capacity to accommodate CRPD requirements is undermined by continuing judicial contestation. The Constitution should therefore be amended so that Ireland can meet its international human rights obligations.
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Dissertations / Theses on the topic "Irish constitution"

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Lynch, C. F. "Articles 2 and 3 of the Irish Constitution : the evolution of political thought." Thesis, Queen's University Belfast, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.403147.

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Vance, James. "Constitutional radicalism in Scotland and Ireland in the era of the American Revolution c.1760-1789." Thesis, University of Aberdeen, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.266899.

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The main objective of this body of work is to define and delineate radical activity in Scotland and Ireland c. 1760-1789 and through this to assess the nature and construction of the contemporary British identity. In their various campaigns Scottish and Irish radicals held the restoration of the lustre of the British constitutional system and the promotion of integrity and propriety in the British state as both motives for, and objectives of, their actions. These radicals sought a restoration of what they perceived to be the post-Glorious Revolution constitutional system. Their actions and writings were based on the premise that the propriety of the British constitution had been compromised by Westminister in the years after 1691. Following a near seventy year long gestation period, Scottish and Irish constitutional grievances were galvanised in the years after the end of the Seven Years' War by the North American colonial challenge to Westminster's constitutional vision. Scotsmen and Irishmen impugned the civil, ecclesiastical and political constitution which had been imposed upon them. Each campaign was an assertion of contemporaneous perceptions of the rights of Britons, or perhaps more accurately an assessment of what Britishness was, contrasted to what it they believed it should have been.
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Wrethed, Joakim. "Oases of Air : A Phenomenological Study of John Banville's Science Tetralogy." Doctoral thesis, Stockholm : Department of English, Stockholm University : Stockholm University Library [distributör], 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-942.

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Ferreira, Rejane de Souza. "Voz e consciência narrativa: a percepção da família pela perspectiva feminina em três romances irlandeses." Universidade Federal de Goiás, 2014. http://repositorio.bc.ufg.br/tede/handle/tede/4221.

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This doctoral dissertation has as its aim to analyse in three Irish novels (The Gathering, by Anne Enright, The Blackwater Lightship, by Colm Tóibín, and The Light of Evening, by Edna O‟Brien), how the female main protagonists of the novels perceive or understand their families, from the point of view through which their stories are narrated, as well as through the way they understand their own generation and those of their mothers and grandmothers. Through these perceptions the dissertation also tried to analyse the political and cultural transformation Ireland went through in the Twentieth Century. This period witnessed two great historical events for the country: its Independence in 1922, and its glorious years of economic development, which began around 1990, with the so called Celtic Tiger Years, and lasted until 2008. The analysis of the selected novels as the corpus of this dissertation according to their narrative points of view and the historical, political and cultural contexts in which they are set is also a way of analysing the contribution their authors gave to our own understanding of Ireland as a nation.
Esta tese tem por objetivo analisar, em três romances irlandeses (The Gathering, de Anne Enright, The Blackwater Lightship, de Colm Tóibín e The Light of Evening, de Edna O‟Brien), como as protagonistas das obras percebem ou entendem suas famílias, tanto a partir do ponto de vista através do qual suas histórias são narradas, quanto através do modo como compreendem suas próprias gerações e as gerações de suas mães e avós. Através dessas percepções, procurou-se analisar também as alterações políticas e culturais pelas quais a Irlanda passou, ao longo do século XX. Esse período marca dois grandes acontecimentos históricos para o país: sua independência, em 1922, e seus anos de glória e crescimento econômico, iniciados por volta de 1990, com o chamado Tigre Celta, e que durou até 2008. A análise dos romances selecionados como corpus desta tese, de acordo com seus pontos de vista narrativos e os contextos histórico, político e cultural em que eles estão inseridos é também uma forma de analisar a contribuição que seus autores deram para nosso próprio entendimento da Irlanda enquanto nação.
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Gough, Fionnuala Mary. "Irish ostriches, embryos and stem cells." Thesis, University of Manchester, 2013. https://www.research.manchester.ac.uk/portal/en/theses/irish-ostriches-embryos-and-stem-cells(3a3aef52-1ab5-43d6-9bf8-b29ce28b5e32).html.

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Human embryonic stem cell research would seem to offer the prospect of developing a greater understanding of, and potential therapies for, common degenerative diseases such as diabetes mellitus, Alzheimer’s and Parkinson’s disease. Despite the fact that some Irish institutions engage in such research, Ireland is one of the few countries in Europe which has failed to produce any relevant regulatory framework or legislation. This is largely because embryo research and its regulation remain mired in conflicting socio-political values and interests, despite the fact that the in vitro human embryo is not afforded any legal protection under the Irish Constitution. This thesis seeks to examine the current Irish legal lacuna in relation to embryos and embryonic stem cell research. The first of the three papers making up the core of this thesis reviews the background to the moral, legal and social factors that have contributed to the extant Irish position. A description of the divergent policies enacted in other jurisdictions is also given to outline possible policy options which may be considered by Ireland in the future. The views of relevant stakeholders on the impact of the regulatory lacuna are explored in the second paper through a series of semi-structured interviews. These interviews highlight a surprising level of consensus on the need for the Irish legislature to act and introduce regulations to provide certainty, in one way or the other, in this area of scientific innovation. A procedural mechanism is proposed in the third paper which could allow the development of policy and concomitant regulation in Ireland in this area. It is hoped that the procedural process and resultant framework would be sufficiently inclusive as to be acceptable to the majority of people in Irish society. In conclusion, it is argued that it is undesirable that a modern pluralist democracy (as Ireland aspires to be) should regard legislative inertia and non-regulation as the preferred method of dealing with morally challenging scientific endeavour. Instead, appropriate procedural mechanism should be utilised to allow for the development of apposite policies.
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Ruane, Blathna. "An assessment of the independence of the Irish Supreme Court in the context of constitutional law with particular reference to the system of judicial appointments." Thesis, University of Cambridge, 1993. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.318446.

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Makaj, Michal. "Irská ústava z roku 1937. Cesta od Irského svobodného státu k Irsku." Master's thesis, 2014. http://www.nusl.cz/ntk/nusl-339997.

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The present work deals with the creation of a second Irish Constitution in the history of Irish independence. Replacement of the previous Constitution was motivated by its connection with the controversial Anglo-Irish Treaty 1921. This thesis focuses on the situation in the 20's and 30's of the 20th century, the Irish Free State, when there were internal unrest caused by emergence and recognition of the Constitution 1922 from which the Irish republican on the contrary wanted to break away. Their efforts lasted until the new Constitution in 1937. The work also includes a chapter devoted to the events that preceded the periods, which is primarily devoted. These events were Irish War of Independence and subsequent Civil War. The main part describes the internal situation in the Irish Free State in terms of social, economic and political issues, because all intermingled with each other and lead to the onset political forces that have targeted the country led to the new legislation. An integral part of this work is the preparation and procedure whereby which the Constitution was created. They are also included positive and negative opinions of important personalities of the time. Proposals constitution and amendments laws that gradual way contributed to the final concept of the Constitution 1937 are...
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Tally, Patrick F. "Catholic, Celtic, and constitutional A.M. Sullivan's Nation and Irish nationalism, 1858-73 /." 1993. http://catalog.hathitrust.org/api/volumes/oclc/32033337.html.

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Books on the topic "Irish constitution"

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Gerry, Whyte, and Kelly J. M, eds. The Irish constitution. 4th ed. Dublin: Butterworth, 2002.

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Kelly, J. M. The Irish Constitution. 3rd ed. Dublin: Butterworths, 1994.

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Kelly, J. M. The Irish constitution. 2nd ed. Dublin: Jurist Publishing, 1987.

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Hogan, Gerard W. J.M. Kelly: the Irish Constitution. 4th ed. Dublin: LexisNexis Butterworths, 2003.

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Coffey, Donal K. Drafting the Irish Constitution, 1935–1937. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-76246-3.

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The politics of the Irish constitution. Dublin: Institute of Public Administration, 1991.

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Irish Congress of Trade Unions. Constitution and standing orders. Dublin: Irish Congress of Trade Unions, 1991.

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The separation of powers in the Irish constitution. Dublin: Round Hall Sweet and Maxwell, 1997.

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Hogan, Gerard W. The origins of the Irish Constitution, 1928-1941. Edited by Kinsella Eoin editor and Royal Irish Academy. Dublin: Royal Irish Academy, 2012.

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Boland, Kevin. The Emasculation of the Constitution. Rathcoole, Co. Dublin: the author, 1990.

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Book chapters on the topic "Irish constitution"

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Mansergh, Nicholas, and W. G. S. Adams. "The Structure of the Constitution." In The Irish Free State, 50–57. London: Routledge, 2022. http://dx.doi.org/10.4324/9781003326021-4.

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Strauss, E. "Ireland and the British Constitution." In Irish Nationalism and British Democracy, 241–51. London: Routledge, 2022. http://dx.doi.org/10.4324/9781032398099-28.

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Coffey, Donal K. "The Drafters of the 1937 Constitution." In Drafting the Irish Constitution, 1935–1937, 1–39. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-76246-3_1.

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Howlin, Niamh, Kevin Costello, and Thomas Mohr. "Embedding the Family in the Irish Constitution." In Law and the Family in Ireland, 1800–1950, 214–37. London: Palgrave Macmillan UK, 2017. http://dx.doi.org/10.1057/978-1-137-60636-5_13.

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Coffey, Donal K. "Constitutional Transitions and Alterations." In Drafting the Irish Constitution, 1935–1937, 253–79. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-76246-3_7.

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Coffey, Donal K. "The Preamble." In Drafting the Irish Constitution, 1935–1937, 41–54. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-76246-3_2.

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Coffey, Donal K. "Nation and State." In Drafting the Irish Constitution, 1935–1937, 55–83. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-76246-3_3.

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Coffey, Donal K. "The Head of State." In Drafting the Irish Constitution, 1935–1937, 85–143. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-76246-3_4.

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Coffey, Donal K. "Institutional Structure." In Drafting the Irish Constitution, 1935–1937, 145–86. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-76246-3_5.

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Coffey, Donal K. "Citizen and State." In Drafting the Irish Constitution, 1935–1937, 187–252. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-76246-3_6.

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