Social Inclusion and the Legal System: Public Interest Law in Ireland, Third Edition

Description

Authors: Gerry Whyte and Conor Casey  | ISBN:  9781917134125 | Format: Paperback | Price:  € | Publishing:  Spring 2025

About

This new  revised and updated third edition of Social Inclusion and the Legal System: Public Interest Law in Ireland by Gerry Whyte and Conor Casey explores the role of the Irish legal system in addressing social exclusion. Focusing initially on the use of public interest litigation, the authors defend the constitutional and political legitimacy of such litigation, arguing that one can infer a commitment to social inclusion from the text of the Constitution and that where the political system has failed to address the needs of marginalized groups, the most appropriate agency for policing that constitutional norm is the judiciary. New material in this context explores the state’s possible legal duty to refrain from action that could impoverish an individual, considers how the constitutional right to protection of the person might be used to promote social inclusion and takes account of recent Supreme Court decisions on the interpretation of the Constitution and, in particular, on the recognition of derived constitutional rights.

The authors also examine of efficacy of public interest litigation in protecting the interests of certain groups of children, members of the Traveller community, social welfare claimants and litigants seeking free legal aid. A new chapter also evaluates the use of litigation to protect those who are homeless or threatened with homelessness.

In the final section of the book, the authors examine the role of the law generally in tackling social exclusion. They examine different models of legal aid and conclude that while the legal system is not capable of generating radical change in society, the strategic model of legal aid is capable of achieving limited but nonetheless worthwhile social reforms.

Content Includes

• Towards An Inclusive Society: The Role Of Public Interest Litigation and Legal Aid
• The Legitimacy of Judicial Activism on behalf of the Disadvantaged
• European Law and Domestic Litigation on Socio-Economic Rights
• The Implications of Public Interest Litigation for Civil Procedures and Remedies
• Practical Issues Relating to the Use of Litigation Strategy
• Judicial Treatment of Social Welfare Issues
• Homelessness and Emergency Accommodation
• Litigation and Children’s Rights
• Litigation and Travellers’ Rights
• Litigation and Access to Legal Services
• Public Interest Litigation – An Evaluation
• Access to Legal Services in Civil Cases

About the Authors

Gerry Whyte is a Professor in Trinity Law School and a Fellow of Trinity College and barrister-at-law. The author and co-author of books on public interest law, constitutional law and trade union law, he has also edited books on aspects of law and religion and Irish social welfare law and has published extensively in the areas of public interest law, constitutional law, social welfare law and labour law. He is also active in a number of social justice and legal aid organisations and is a former member of the Commission on Assisted Human Reproduction and of the Steering Group of Irish Council of People with Disabilities. His research interests are public interest law, constitutional law, labour law, social welfare law, law and religion.

Dr Conor Casey is a Senior Lecturer in Public Law & Legal Theory and Director of Postgraduate Research at the School of Law, University of Surrey. Conor is an editor and co-founder of the legal theory/natural law blog The New Digest and co-editor of the Dublin University Law Journal. He has provided expert evidence to the Oireachtas Joint Committee on Assisted Dying, the Housing Commission, and the House of Lords Constitution Committee. His research interests are administrative law, public interest law, constitutional law, and natural law jurisprudence.

Who Should Buy This Book?

This established textbook, now in its third edition, will be an invaluable resource for legal academics, students and lawyers, especially in the area of public interest law and constitutional law. This book will also be of great interest to charities, NGOs, anyone interested in political science, social policy, social justice and social economic rights generally.