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Journal articles on the topic 'Irish constitution'

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Author: Grafiati

Published: 10 December 2022

Last updated: 28 January 2023

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1

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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2

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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3

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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4

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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5

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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6

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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7

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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8

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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9

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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10

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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11

Mohr, Thomas. "George Gavan Duffy and the legal consequences of the Anglo Irish Treaty, 1921–1923." Northern Ireland Legal Quarterly 73, AD2 (October 6, 2022): 55–93. http://dx.doi.org/10.53386/nilq.v73iad2.964.

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George Gavan Duffy (1882–1951) was a signatory of the 1921 ‘Anglo Irish Treaty’. In the 1930s he enjoyed a notable judicial career and would rise to the position of President of the High Court of Ireland. This article examines a more neglected period of Gavan Duffy’s career. It focuses on his brief parliamentary career as a TD in the early 1920s and, in particular, his involvement in the creation of the Constitution of the Irish Free State. This analysis also examines the reasons for the divergence of Gavan Duffy’s position from that held by other signatories and supporters of the 1921 Treaty. By late 1922 Gavan Duffy had emerged as a determined critic of the Provisional Government and of the draft Constitution of the Irish Free State that emerged from negotiations in London. This analysis focuses on Gavan Duffy’s attempts to amend provisions of the draft Constitution that he believed went further than the strict legal demands of the 1921 Treaty. The conclusion assesses Gavan Duffy’s attitude towards the legal consequences of the 1921 Treaty and his attempts to mitigate their impact on the 1922 Constitution of the Irish Free State.

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12

GIRVIN, B. "Church, State and the Irish Constitution: The Secularisation of Irish Politics?" Parliamentary Affairs 49, no. 4 (October 1, 1996): 599–615. http://dx.doi.org/10.1093/oxfordjournals.pa.a028699.

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13

Clarke, Desmond M. "Nationalism, the Irish constitution, and multicultural citizenship." Northern Ireland Legal Quarterly 51, no. 1 (July 9, 2020): 100–118. http://dx.doi.org/10.53386/nilq.v51i1.611.

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14

O'Sullivan, Aisling. "Same-sex marriage and the Irish Constitution." International Journal of Human Rights 13, no. 2-3 (June 2009): 477–92. http://dx.doi.org/10.1080/13642980902758242.

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15

Lentin, Ronit. "‘Irishness’, the 1937 Constitution, and Citizenship: A Gender and Ethnicity View." Irish Journal of Sociology 8, no. 1 (May 1998): 5–24. http://dx.doi.org/10.1177/079160359800800101.

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This paper argues that ‘Irishness’ has not been sufficiently problematised in relation to gender and ethnicity in discussions of Irish national identity, nor has the term ‘Irish women’ been ethnically problematised. Sociological and feminist analyses of the access by women to citizenship of the Republic of Ireland have been similarly unproblematised. This paper interrogates some discourses of Irish national identity, including the 1937 Constitution, in which difference is constructed in religious, not ethnic terms, and in which women are constructed as ‘naturally’ domestic. Ireland's bourgeois nationalism privileged property owning and denigrated nomadism, thus excluding Irish Travellers from definitions of ‘Irishness’. The paper then seeks to problematise T.H. Marshall's definition of citizenship as ‘membership in a community’ from a gender and ethnicity viewpoint and argues that sociological and feminist studies of the gendered nature of citizenship in Ireland do not address access to citizenship by Traveller and other racialized women which this paper examines in brief. It does so in the context of the intersection between racism and nationalism, and argues that the racism implied in the narrow definition of ‘Irishness’ is a central factor in the limited access by minority Irish women to aspects of citizenship. It also argues that racism not only interfaces with other forms of exclusion such as class and gender, but also broadens our understanding of the very nature of Irish national identity.

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16

Faughnan, Seán. "The Jesuits and the drafting of the Irish constitution of 1937." Irish Historical Studies 26, no. 101 (May 1988): 79–102. http://dx.doi.org/10.1017/s0021121400009457.

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In July 1987, the private papers of Éamon de Valera relating to the drafting of the Irish constitution of 1937 were opened to the public for the first time. The purpose of this paper is to examine, in the light of this material, which is held in the Francisan House of Studies, Killiney, County Dublin, and of documents now available in the Irish Jesuit Archives, the contribution of a number of Jesuit priests to the drafting of this constitution.On 24 May 1934, Éamon de Valera, president of the executive council, set up a committee of four civil servants to examine the Irish Free State constitution of 1922. Its membership consisted of Stephen Roche, secretary of the department of justice (committee chairman), Michael McDunphy, assistant secretary of the department of the president (committee secretary), Philip O’Donoghue, assistant to the attorney general, and John Hearne, legal adviser in the department of external affairs who, with de Valera, was to prove to be the principal architect of the 1937 constitution. It is clear from the minutes of this committee that its members were initially under the impression that what de Valera was seeking was a wholly new constitution. Thus, at its second meeting it was ‘agreed that the report of the committee should take the form of an entirely new constitution’. It soon became clear, however, ‘as a result of pronouncements by the president and of conversations which individual members of the committee had with him’, that what he really wanted was not a new constitution but ‘a selection within the framework of the present constitution of those articles which should be regarded as fundamental’ and ‘a recommendation as to how these should be rendered immune from alteration by ordinary legislation’.

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17

Whyte, G. F. "The Right to Die and the Irish Constitution." European Public Law 3, Issue 2 (June 1, 1997): 235–60. http://dx.doi.org/10.54648/euro1997021.

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18

Daly, Brenda. "Wrongful Birth, Wrongful Conception, and the Irish Constitution." European Journal of Health Law 12, no. 1 (2005): 57–76. http://dx.doi.org/10.1163/1571809054663159.

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19

Cahillane, Laura. "An Insight Into the Irish Free State Constitution." American Journal of Legal History 54, no. 1 (January 2014): 1–38. http://dx.doi.org/10.1093/ajlh/54.1.1.

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20

Mohr, Thomas. "The Origins of the Irish Constitution 1928–1941." Journal of Legal History 34, no. 1 (April 2013): 122–25. http://dx.doi.org/10.1080/01440365.2013.771844.

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21

WARD, ALAN J. "Challenging the British Constitution: The Irish Free State Constitution and the External Minister." Parliamentary History 9, no. 1 (March 17, 2008): 116–28. http://dx.doi.org/10.1111/j.1750-0206.1990.tb00555.x.

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22

Girvin, Brian. "‘Lemass's brainchild’: the 1966 Informal Committee on the Constitution and change in Ireland, 1965–73." Irish Historical Studies 38, no. 151 (May 2013): 406–21. http://dx.doi.org/10.1017/s0021121400001565.

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Seán Lemass remains an enigmatic figure in the study of contemporary Ireland. He became taoiseach in 1959, after a long and successful career in the leadership of Fianna Fáil. Notwithstanding this, he is widely associated with the transformation of Irish life that began under his stewardship between 1959 and 1966. In 1966, he convened the Informal Committee on the Constitution, often considered to be the most surprising initiative of his career. While change had not occurred by the time he died in 1971, the constitution had by this time become the focus for discussion, controversy and in some cases vilification. The questions this article seeks to answer are why Lemass promoted constitutional change and what were the consequences of this decision. More generally, it will assess the nature of constitutional change in a stable democratic state that is undergoing modernisation.

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23

Sloan, Brian. "THE CONCEPT OF COUPLEDOM IN SUCCESSION LAW." Cambridge Law Journal 70, no. 3 (November 2011): 623–48. http://dx.doi.org/10.1017/s0008197311000882.

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Historically, English and Irish Law were both distinctly protective of marriage (still understood as an exclusively heterosexual institution)1 as compared to other forms of adult relationship. In the 1950 English case of Gammans v. Ekins, it was famously deemed an “abuse of the English language” to say that an unmarried couple “masquerading” as husband and wife were members of the same family.2 In its Constitution, meanwhile, the Irish state “pledges itself to guard with special care the institution of Marriage, on which the Family is founded, and to protect it against attack”.3 The powerfulness of this “pledge” can be seen from the fact that divorce was not possible in Ireland until a 1995 referendum resulted in a constitutional amendment.4

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24

Flynn, Leo. "The missing body of Mary McGee: The constitution of woman in Irish constitutional adjudication." Journal of Gender Studies 2, no. 2 (November 1993): 238–52. http://dx.doi.org/10.1080/09589236.1993.9960541.

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25

Corcoran, Donal. "Public Policy in an emerging state: The Irish Free State 1922-25." Volume 1 Issue 1 (2009) 1, no. 1 (January 1, 2009): 66–81. http://dx.doi.org/10.33178/ijpp.1.1.5.

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The first three years of the Irish Free State’s existence were among the most crucial in independent Ireland’s history. William T. Cosgrave and his Cumann na nGaedheal (Party of the Irish) governments suppressed an internal revolt, overcame an acute scarcity of money, enacted a constitution, and defined how the state would be governed. They established an Irish civil service, army, courts service, police force and diplomatic corps; passed legislation to purchase the remaining agricultural land held by landlords; commenced exploitation of the natural resources, extended the use of Irish in schools, and began the task of increasing the state’s sovereignty. The administration of the Irish Free State was quickly changed from the British system of loosely co-ordinated boards and departments to a centralised Irish system.

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26

Boyle, Kevin. "The Irish Constitution and the Rights of the Individual." Études irlandaises 13, no. 2 (1988): 123–30. http://dx.doi.org/10.3406/irlan.1988.2821.

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27

Hogan, Gerard. "Rapports: Ireland: The Nice Treaty and the Irish Constitution." European Public Law 7, Issue 4 (December 1, 2001): 565–73. http://dx.doi.org/10.54648/383562.

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28

CAMPBELL, IAN W. S. "ARISTOTELIAN ANCIENT CONSTITUTION AND ANTI-ARISTOTELIAN SOVEREIGNTY IN STUART IRELAND." Historical Journal 53, no. 3 (August 17, 2010): 573–91. http://dx.doi.org/10.1017/s0018246x10000208.

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ABSTRACTAristotelianism and anti-Aristotelianism are essential categories for the interpretation of political discourse in Stuart Ireland, Scotland, and England. In the 1650s, the Capuchin Richard O'Ferrall defined the future of the Irish kingdom by means of its past. This Irish ancient constitution was not anchored in J. G. A. Pocock's common law mind, but rather in Aristotelianism. Ancient constitution discourse in England and Scotland shared this Aristotelian basis. Responding to O'Ferrall, John Lynch, Catholic archdeacon of Tuam, employed openly anti-Aristotelian arguments which had been pioneered by the Jacobean attorney general for Ireland, Sir John Davies. Recognizing the Aristotelian and anti-Aristotelian nature of these discourses enables the incorporation of both Catholic and Protestant writers, whether educated in Ireland, England, or France, within a coherent account of political thought across the Stuart world.

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29

Coakley, John. "Resolving international border disputes: The Irish experience." Cooperation and Conflict 52, no. 3 (January 17, 2017): 377–98. http://dx.doi.org/10.1177/0010836716684881.

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This article explores the value of a specific model of norm replacement in accounting for the circumstances leading to Ireland’s Good Friday agreement (1998), which formally and finally settled the long-running territorial dispute between Ireland and the United Kingdom (UK). Drawing on the theoretical literature, it identifies three phases in this process. First, from the creation of the Irish Free State in 1922 until the civil unrest in Northern Ireland peaked in 1972 the irredentist norm was substantially unchallenged. It was embedded in the 1937 constitution, which defined the national territory as extending over the whole island of Ireland – including Northern Ireland, a part of the UK. The second phase, from about 1972 to 1998, was one of norm competition. The irredentist norm was severely challenged by new political realities in Northern Ireland, and was potentially destabilising for the state itself. It was increasingly challenged by an alternative ‘consent’ norm, one embracing in effect the geopolitical status quo. The third phase, from 1998 onwards, was one of consolidation of the new norm, now written into the Irish constitution to replace the wording of 1937. The article suggests that this model plays a valuable role in accounting for the changing status of the Irish border, but also that the Irish experience has implications for the broad shape of the model.

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30

O'Dell, Eoin. "Property and Proportionality: Evaluating Ireland’s Tobacco Packaging Legislation." QUT Law Review 17, no. 2 (November 24, 2017): 46. http://dx.doi.org/10.5204/qutlr.v17i2.714.

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This article evaluates the constitutionality of the restrictions upon tobacco packaging in Ireland in the Public Health (Standardised Packaging of Tobacco) Act 2015 and Part 5 of the Health (Miscellaneous Provisions) Act 2017. Australia is the only country to have commenced this legislative process earlier, so the Irish experience (and, in particular, an analysis of the constitutionality of the Irish legislation) could provide a roadmap for other jurisdictions aiming to implement similar restrictions. This article concludes that public health and the protection of children constitute pressing and substantial reasons sufficient to justify as proportionate these Acts’ restrictions upon tobacco companies’ property rights protected by the Irish Constitution.

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31

Pearce, Robert A. "Abortion and the right to life under the irish constitution." Journal of Social Welfare and Family Law 15, no. 6 (November 1993): 386–402. http://dx.doi.org/10.1080/09649069308412415.

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32

Symmons, Clive R. "International Treaty Obligations and the Irish Constitution: The Mcgimpsey Case." International and Comparative Law Quarterly 41, no. 2 (April 1992): 311–42. http://dx.doi.org/10.1093/iclqaj/41.2.311.

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33

Guillaumond, Julien. "The Making of the Irish Constitution 1937 Bunreacht na hÉireann." Études irlandaises, no. 35-1 (June 30, 2010): 185–86. http://dx.doi.org/10.4000/etudesirlandaises.1910.

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Nolan, Aoife. "The Battle(s) over Children's Rights in the Irish Constitution." Irish Political Studies 22, no. 4 (December 2007): 495–516. http://dx.doi.org/10.1080/07907180701699240.

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Van Malleghem, Pieter-Augustijn. "Pringle: A Paradigm Shift in the European Union's Monetary Constitution." German Law Journal 14, no. 1 (January 1, 2013): 141–68. http://dx.doi.org/10.1017/s2071832200001747.

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The reference from the Irish Supreme Court seeking a preliminary ruling in the Pringle case concerns the compatibility of the Treaty establishing the European Stability Mechanism (hereinafter ESM Treaty or ESMT) with European Union (EU) law. The Irish Supreme Court was concerned with the legal significance of Council Decision 2011/199, which amended the Treaty on the Functioning of the European Union (TFEU) by inserting a third paragraph in Art 136 TFEU. The new Art 136(3) provides that the Member States whose currency is the euro, may establish a mechanism such as the European Stability Mechanism (ESM) so long as that mechanism is only activated when indispensable to safeguarding the stability of the euro area as a whole, and only if the financial assistance is made subject to strict conditionality. But, because Decision 2011/199 has not yet been ratified by all Member States, the TFEU has not yet been amended. The ESMT nevertheless entered into force at the end of September 2012, and the ESMT commenced its operations in December 2012.

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36

McQuigg, Ronagh JA. "The European Convention on Human Rights Act 2003 – Ten Years On." International Human Rights Law Review 3, no. 1 (June 4, 2014): 61–96. http://dx.doi.org/10.1163/22131035-00301004.

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The European Convention on Human Rights Act 2003 has now been in force in Ireland for ten years. This article analyses the Act itself and the impact which it has had on the Irish courts during the first decade of its operation. The use of the European Convention on Human Rights in the Irish courts prior to the enactment of the legislation is discussed, as are the reasons for the passing of the Act. The relationship between the Act and the Irish Constitution is examined, as is the jurisprudence of the Irish courts towards the interpretative obligation found in section 2(1), and the duty placed upon organs of the State by section 3(1). The article ends with a number of observations regarding the impact which the Act has had on the Irish courts at a more general level. Comparisons will be drawn with the uk’s Human Rights Act 1998 throughout the discussion.

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37

Inglis, Tom. "Foucault, Bourdieu and the Field of Irish Sexuality." Irish Journal of Sociology 7, no. 1 (May 1997): 5–28. http://dx.doi.org/10.1177/079160359700700102.

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Sociological analysis of Irish sexuality has been notable for its absence. This paper examines the contribution which Foucault's theory of sexuality as a discourse of truth and apparatus of power makes toward elucidating key issues in the history and contemporary field of Irish sexuality. Although Foucault provides good insights into the constitution of a hermeneutics of the self within different ethical regimes, his analysis of sexuality is inadequate when it comes to explaining how sexuality operates in everyday life and the individual struggle to attain power and position in social life. In this respect, the paper turns to the work of Bourdieu and examines the field of Irish sexuality in relation to his concepts of habitus, practice and capital.

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Riordan, Susannah. "‘A reasonable cause’: the age of consent and the debate on gender and justice in the Irish Free State, 1922–35." Irish Historical Studies 37, no. 147 (May 2011): 427–46. http://dx.doi.org/10.1017/s0021121400002741.

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On 23 May 2006 the Irish Supreme Court declared that the Criminal Law Amendment Act, 1935 was inconsistent with the 1937 Constitution. It found that section 1 (1) of the act deprived a man charged with unlawful carnal knowledge of the defence of having made a reasonable mistake as to the age of the girl in question, and therefore of his constitutional right to a trial in due course of law. In his judgment, Mr Justice Adrian Hardiman stated that ‘the Section contains no balance: it wholly removes the mental element and expressly criminalises the mentally innocent. It need not necessarily have done so.’

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39

Feehily, Ronán. "Creeping compulsion to mediate, the Constitution and the Convention." Northern Ireland Legal Quarterly 69, no. 2 (June 8, 2018): 127–46. http://dx.doi.org/10.53386/nilq.v69i2.89.

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The court backlog in some European countries has inspired the introduction of compulsory mediation schemes to deal with various commercial claims. The article reviews the developing jurisprudence from various courts throughout Europe, to assess the seemingly relentless public policy move towards compulsory mediation and the implications that this has for commercial parties in dispute, lawyers involved in the process and the administration of justice in Europe. The potential that such an approach could amount to a violation of the rights guaranteed by Article 6(1) of the European Convention on Human Rights, as enshrined within the European Convention on Human Rights Act 2003, and Article 40.3 of the Irish Constitution is analysed. The article ultimately discusses the optimal approach for the courts and the legislature to follow to strike the appropriate balance between strong encouragement and coercive compulsion that would avoid offending constitutional and Convention rights and foster a mediation culture.

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40

Sherlock, Ann. "Self-executing provisions in EC Law and under the Irish Constitution." European Public Law 2, Issue 1 (March 1, 1996): 103–25. http://dx.doi.org/10.54648/euro1996011.

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Hogan, Gerard. "Constitutionalism in Ireland 1932–1938 / Drafting the Irish Constitution 1935–1937." Parliaments, Estates and Representation 40, no. 3 (March 5, 2020): 366–68. http://dx.doi.org/10.1080/02606755.2020.1730533.

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Murray, Thomas. "Socio-Economic Rights and the Making of the 1937 Irish Constitution." Irish Political Studies 31, no. 4 (October 20, 2015): 502–24. http://dx.doi.org/10.1080/07907184.2015.1095738.

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McEvoy, F. J. "Canada, Ireland and the Commonwealth: the declaration of the Irish republic, 1948-9." Irish Historical Studies 24, no. 96 (November 1985): 506–27. http://dx.doi.org/10.1017/s0021121400034490.

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The relationship of Ireland to the Commonwealth during the period of its membership was a tortuous one. Forced to accept dominion status under threat of the renewal of Anglo-Irish hostilities, Ireland was not an enthusiastic member of the club as were the older dominions. The Constitutional Amendment (No. 27) Bill, enacted on 11 December 1936, removed all references to the crown and governor general from the constitution while the Executive Authority (External Relations) Bill, enacted the next day, recognised the crown only for purposes of diplomatic representation and international agreements. These two measures, commonly referred to as the External Relations Act, left Ireland a more or less undeclared republic with ambiguous links to the Commonwealth. Wartime neutrality differentiated Ireland even further from the other dominions, aroused British anger and brought the question of Ireland's constitutional status into even greater prominence. Ireland was, the Canadian high commissioner in Dublin considered in 1944, a more or less unknown quantity' The Canadian government, though it would have preferred a different choice, respected Ireland's neutrality and resented British actions, taken without prior consultation, that might have contrived to drive Ireland from the Commonwealth. The end of the war removed a major cause of grievance but left Ireland's nosition unresolved.

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Breen, Claire. "The Right to Education of Persons with Disabilities: Disabled in Interpretation and Application." Netherlands Quarterly of Human Rights 21, no. 1 (March 2003): 7–37. http://dx.doi.org/10.1177/016934410302100102.

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In July 2001, the Irish Supreme Court decided that the right to a free primary education as contained in the Irish Constitution could not be extended to a 23-year-old autistic man, Jamie Sinnott. Much of the Supreme Court judgment is an exercise in statutory interpretation. The Court considered the meaning of both ‘primary’ and ‘education’ in the context in which it appeared in the Constitution – that of the rights of parents regarding the education of their children. Whilst it was happy to find that the type of on-going care and support required by Jamie Sinnott could be classified as education, nevertheless, the majority of the Irish Supreme Court limited the meaning of ‘primary’ education to that required by children and thereby excluding the care and support, which it recognised as ‘education’, required by profoundly handicapped adults. The impact of the Court's exercise in statutory interpretation is that, in Ireland, the right to free primary education is to be defined with regard to age and not needs. This paper examines the decision of the Irish Supreme Court against the background of the general right to education as provided for in international human rights law in an effort to ascertain the extent to which the Supreme Court decision, as it reflects Irish domestic law regarding the provision of free primary education, correlates with Ireland's international human rights obligations. In so doing, it will reveal the limited extent to which the rights of disabled person have been ‘integrated’ into the general right to education. To that end, Part 1 of this article will focus upon the Sinnott Case as it provides an effective summary of domestic law regarding primary education as contained in the Constitution, statute and case law as well as being the benchmark for the rights of disabled persons to education in Ireland. Part 2 will consider the provisions of international human rights law regarding that pertain to the rights of disabled persons. Part 3 will consider the right to education as provided for in international human rights treaties by comparing the provisions regarding the general right to education, provisions regarding primary education, and provisions regarding persons with disabilities. Part 4 concludes this article by drawing together the right to education and the rights of disabled individuals in an analysis of language and interpretation in an effort to determine the extent to which the rights of individuals, such as Jamie Sinnott are protected by both national and international law.

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Mohr, Thomas. "The Political Theory of the Irish Constitution – Republicanism and the Basic Law." Parliaments, Estates and Representation 36, no. 2 (April 6, 2016): 252–53. http://dx.doi.org/10.1080/02606755.2016.1163851.

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Gormley, Christine. "Woman and the Irish constitution: The movement towards reproductive rights in Ireland." Psychoanalysis, Culture & Society 25, no. 3 (July 29, 2020): 394–408. http://dx.doi.org/10.1057/s41282-020-00192-3.

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Bacik, Ivana. "The Irish Constitution and Gender Politics: Developments in the Law on Abortion." Irish Political Studies 28, no. 3 (September 2013): 380–98. http://dx.doi.org/10.1080/07907184.2013.823085.

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O’ Halloran, Anthony. "The political theory of the Irish Constitution: republicanism and the basic law." Irish Political Studies 33, no. 1 (April 4, 2017): 151–52. http://dx.doi.org/10.1080/07907184.2017.1307913.

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Ellis, Tom. "Elections to Dáil Éireann: Reflections on the report on the Irish constitution." Representation 34, no. 1 (December 1996): 70–75. http://dx.doi.org/10.1080/00344899608522989.

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McCarthy, Alan. "The censorship and suppression of Cork’s nationalist and loyalist newspapers during the Irish Revolution, 1916-1923." Boolean: Snapshots of Doctoral Research at University College Cork, no. 2015 (January 1, 2015): 108–11. http://dx.doi.org/10.33178/boolean.2015.22.

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The Irish Revolution was an epochal period that saw the Irish nationalist movement seek to obtain independence from the British Empire. It has received extensive scholarly attention, particularly the century-shaping 1916 Rising, the guerrilla war campaign that coloured the War of Independence 1919-1921, and an implosive Civil War between those for and against the Anglo-Irish Treaty, that raged between 1922-1923 and continues to shape present-day politics in Ireland. Key to understanding Cork, the epicentre of revolutionary activity post-1916, is an engagement with its widely-read newspapers of the time. During this period West Cork's Southern Star and Skibbereen Eagle, and Cork City institutions, the Cork Examiner and Cork Constitution, acted as central actors, in conjunction with their role as reporters, in the equally significant battle for hearts and minds. The consequence of the key propaganda role played by these papers would be intense censorship and suppression by both Crown Forces and ...

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