A Judgment Too Far: Judicial Activism and the Constitution

Overview

Huge changes have taken place in Irish society over the past 10-15 years, and many controversial policy decisions which have resulted in those changes, have been provided for by legal interpretation. This pamphlet asks whether that situation is a healthy one for the Irish polity. Is it democratic? Are the politicians using the courts to avoid public controversy for their own political ends?

David Gwynn Morgan ask these questions and offers ideas which might be used for the ...

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Overview

Huge changes have taken place in Irish society over the past 10-15 years, and many controversial policy decisions which have resulted in those changes, have been provided for by legal interpretation. This pamphlet asks whether that situation is a healthy one for the Irish polity. Is it democratic? Are the politicians using the courts to avoid public controversy for their own political ends?

David Gwynn Morgan ask these questions and offers ideas which might be used for the redefinition of the role of the judiciary as they confront matters of national policy.

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Product Details

  • ISBN-13: 9781859182291
  • Publisher: Cork University Press
  • Publication date: 1/28/2002
  • Series: Undercurrents Series
  • Pages: 72

Meet the Author

David Gwynn Morgan is Professor of Law at University College, Cork. He is a regular contributor to national debates in the "Irish Times" and on radio and TV. He is also the editor of several other books.

Carol Coulter is an Irish Times journalist and author.

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Table of Contents

Preface
Introduction 1
1 Judicial Activism 2
2 The Common Law Judge 15
3 Sexual and Social Mores 22
4 Social Reforming Legislation 34
5 Public Inquiries: The People's Right to Know 55
6 Taxation and Large-Scale Public Expenditure 62
7 Procedure and Process 71
8 The Separation of Powers 83
9 Interpreting the Constitution 93
10 Summing Up 103
Notes and References 119
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