Constitutional Law in Ireland, Second Edition

Description

Author:  Dr Jennifer Kavanagh | ISBN: 9781911611783  | Series: The Core Text Series | Format: Paperback | Extent: Approx 250 pages |  Price: €39 | Published: 5 October 2022

About

Constitutional Law in Ireland, Second Edition is an essential guide to the core principles and provisions of Irish Constitutional law. This new edition has been fully updated and revised to bring the reader up-to-date with the latest developments in constitutional law.

This new edition includes the following:

• A new chapter on the powers of government and the separation of powers which includes analysis of the landmark Supreme Court judgment in Kerins v McGuinness;
• An expanded section on the impacts of Brexit on the constitutional position of Northern Ireland;
• Recent judgments on the powers of government in interregnum periods;
• Expanded analysis of journalistic protection in the wake of the Corcoran case;
• Further analysis of current socio-economic rights issues such as the debate on the position of a right to housing in the constitution;
• Detailed discussion on recent referendums such as Repeal the 8th, removal of blasphemy and time limits for divorce.

Staying faithful to the First Edition the author has designed and written this text with the student in mind introducing and outlining the key principles of Irish constitutional law including the following:

• The constitutional history of Ireland;
• The concepts of the Nation and State with relation to the constitutional position of Northern Ireland, Ireland in the EU and International Relations;
• A consideration of the doctrine of the separation of powers, the organisation and powers of the organs of government, including the Oireachtas, the Cabinet, the Courts and the President;
• Constitutional Rights including Family, Life, Education and constitutional justice;
• The process of constitutional interpretation, amendment and reform including a consideration of proposed referendums.

Constitutional Law in Ireland is an excellent introduction to this key area of undergraduate study, and can also be used as an ongoing revision and reference source to provide extra support to students throughout their studies. In addition to this this book will be a valuable resource for legal practitioners and persons interested in getting a comprehensive overview of one of the core subjects of Irish law.

Contents include

• Introduction

• The History of the Irish Constitution

• • Pre Independence
  • 1919 Constitution
  • 1922 Constitution
  • Factors leading up to the 1937 Constitution
  • Continuity between Constitutions
  • Repeal of the 1922 Constitution
  • 100 Years of Irish State

• The Constitutional Powers of Government

• • Democracy in Ireland
  • The Separation of Powers
  • Testing the Boundaries of the Separation of Powers

• Defining the Nation and State
  • The Nation
  • Articles 2 and 3–The Historical Significance
  • The Current Approach and Challenges
  • The State
  • Citizenship
  • Ireland and International Law
  • Ireland and Membership of the EU

• The President
  • Powers of the President
  • Election of the President
  • Impeachment of the President
  • Presidential Commission
  • The Council of State
  • President and relationship with Government
  • Legislation and the President

• The Oireachtas

• • Constitutional Powers of The Oireachtas
  • Dáil
  • Seanad
  • Legislative Process
  • Delegated Legislation
  • Oireachtas Committees
  • Tribunals
  • Parliamentary Privilege

• The Electoral Process
  • The Electoral Process
  • The Right to Vote
  • The Voting System
  • Deadlines for Bye Elections
  • Future Reform
  • The Position of Executive Action between Elections and Government Formation

• The Executive
  • Role of Government
  • Cabinet Confidentiality
  • Attorney General and Comptroller and Auditor General
  • Local Government

• The Judiciary and Access to Justice
  • Structure of the Courts
  • Independence of the Judiciary
  • Access to Justice
  • Legal Aid Schemes
  • Locus Standi

• Trial of Offences
  • Due Course of Law
  • Arrest and Detention
  • Right to Bail
  • Rights at Trial
  • Right to Silence
  • Trial by Jury

• Fundamental Rights and the Constitution     
  • Human Rights and the Constitution
  • Absolute Rights and Proportionality
  • Personal and Unenumerated Rights
  • Equality
  • Right to Life

• Civil and Political Rights
  • Freedom of Expression
  • The Political Right to Freedom of Expression
  • Journalistic Privilege
  • A Right to Information
  • Right to Assembly
  • Right to Form Associations

• Family, Children’s and Education Rights
  • Family Rights
  • Marriage Equality
  • The Status of Women
  • Divorce
  • Education and the Constitution
  • Children’s Rights and the Constitution

• Social, Economic and Cultural Rights
  • Socio-Economic Rights
  • Right to Property
  • Religion and the Constitution
  • Directive Principles of Social Policy
  • Judicial Interpretation of Socio–Economic Rights
  • Reform Recommendations for Socio-Economic

• Amending, Interpreting and Reviewing the Constitution
  • Amending the Constitution
  • The Amendment Process in the Oireachtas
  • The Voting Procedure
  • Challenging and Finishing the Process
  • The Referendum Commission
  • Constitutional Interpretation
  • Judicial Review and the Constitution
  • Constitutional Law Reform

About the Author

Jennifer Kavanagh BA (Hons) Legal and Business Studies, LL.M., PhD. is a Lecturer in Law in the Department of Law and Criminal Justice in the South East Technological University.

Who Should Buy this Book?

Constitutional law is a core subject for every undergraduate law programme in Ireland, therefore this is essential reading for all undergraduates.