Judges, politics and the Irish Constitution
Judges, politics and the Irish Constitution
Lecturer in Law
Lecturer in Law
Cite
Abstract
This volume brings together academic scholars and judges together to consider themes flowing from the often complex relationships between ‘law’ and ‘politics’, ‘adjudication’ and ‘policy-making’, the ‘judicial’ and ‘political’ branches of government. Part I addresses questions concerning the nature and extent of judicial power from a largely theoretical perspective. The chapters engage with abstract work on democracy and legitimacy in the context of the wielding and exercise of public (particularly judicial) power, including judicial interpretation and judicial review of legislative action. Part II addresses the European Court of Human Rights decision in O’Keeffe v Ireland and provides contrasting judicial and academic perspectives on the role of the European Court of Human Rights and the nature of exhausting domestic remedies. Part III comprises chapters that address questions around the process of appointing judges and judicial representation or dialogue between the judicial and executive branch. Comparative and theoretical frameworks inform this discussion. Part IV is devoted to legal history and address historical questions pertaining to judges power and adjudication. The role of specific judges, social and political disputes and case law are examined. Part V comprises three chapters, each of which has a quite specific focus but all engaging questions pertaining to judicial power and political processes. Socio-economic rights, the rule of law and and electoral processes are addressed.
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Front Matter
- Introduction
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Part I Judicial power in a constitutional democracy: theoretical foundations
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1
In defence of judicial innovation and constitutional evolution
Fiona de Londras
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2
Reappraising judicial supremacy in the Irish constitutional tradition
Eoin Daly
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3
Unenumerated personal rights: the legacy of Ryan v. Attorney General
Justice Gerard Hogan
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4
Judges and the idea of ‘principle’ in constitutional adjudication
Tom Hickey
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1
In defence of judicial innovation and constitutional evolution
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Part II Judging in the case of O’Keeffe v. Hickey: analysis and debate
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Part III Judges and the political sphere: appointments and dialogue
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Part IV Judges and the Constitution in historical perspective
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11
The Irish Constitution ‘from below’: squatting families versus property rights in Dublin, 1967–71
Thomas Murray
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12
‘The union makes us strong’: National Union of Railwaymen v. Sullivan and the demise of vocationalism in Ireland
Donal Coffey
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13
Ulster unionism and the Irish Constitution, 1970–85
Rory Milhench
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14
‘Towards a better Ireland’:1 Donal Barrington and the Irish Constitution
Tomás Finn
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11
The Irish Constitution ‘from below’: squatting families versus property rights in Dublin, 1967–71
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Part V Perspectives on the Constitution and judicial power
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15
Administrative action, the rule of law and unconstitutional vagueness
Oran Doyle
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16
Article 16 of the Irish Constitution and judicial review of electoral processes
David Prendergast
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17
Social and economic rights in the Irish courts and the potential for constitutionalisation
Claire-Michelle Smyth
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15
Administrative action, the rule of law and unconstitutional vagueness
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End Matter
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