Judges, politics and the Irish Constitution

Judges, politics and the Irish Constitution


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Judges, politics and the Irish Constitution by Laura Cahillane

This edited volume addresses the relationship between judges and politics in the Irish constitutional system, bringing together academic scholars, judges and practitioners to engage with the critical philosophical and historical questions and pressing practical issues in contemporary constitutional affairs.

Contributors address questions concerning the nature and extent of judicial power from a largely theoretical perspective; the European Court of Human Rights decision in O'Keeffe v Ireland from contrasting judicial and academic perspectives; the process of appointing judges and judicial representation or dialogue between the judicial and executive branch; judicial power and political processes; and legal history, addressing historical questions pertaining to judges power and adjudication. It will be essential reading for Irish legal academics, students and practitioners.

Product Details

ISBN-13: 9781526107312
Publisher: Manchester University Press
Publication date: 03/28/2017
Pages: 320
Product dimensions: 6.10(w) x 9.10(h) x 1.00(d)

About the Author

Laura Cahillane is Lecturer in the School of Law, University of Limerick

James Gallen is Lecturer in Law in the School of Law and Government, Dublin City University

Tom Hickey is Lecturer in Law in the School of Law and Government, Dublin City University

Table of Contents

Introduction - Laura Cahillane, James Gallen and Tom Hickey
Part I Judicial power in a constitutional democracy: theoretical foundations
1. In defence of judicial innovation and constitutional evolution - Fiona de Londras
2. Reappraising judicial supremacy in the Irish constitutional tradition - Eoin Daly
3. Unenumerated personal rights: the legacy of Ryan v. Attorney General - Gerard Hogan
4. Judges as God's philosophers: re-thinking 'principle' in constitutional adjudication - Tom Hickey
Part II Judging in the case of O'Keeffe v. Hickey: analysis and debate
5. O'Keeffe v. Hickey: overview and analysis - James Gallen
6. The jurisdiction of the European Court of Human Rights and the case of O'Keeffe v. Hickey -Adrian Hardiman
7. Subsidiarity of ECHR and O'Keeffe v. Ireland: a response to Mr Justice Hardiman - Conor O'Mahony
Part III Judges and the political sphere: appointments and dialogue
8. Judicial appointments in Ireland: the potential for reform - Laura Cahillane
9. Merit, diversity, and interpretive communities: the (non-party) politics of judicial appointments and constitutional adjudication - David Kenny
10. Speaking to power: mechanisms for judicial-executive dialogue - John O'Dowd
Part IV Judges and the Constitution in historical perspective
11. The Irish Constitution 'from below': squatting families versus property rights in Dublin, 1967-71 - Thomas Murray
12. 'The union makes us strong:' National Union of Railwaymen v. Sullivan and the demise of vocationalism in Ireland - Donal Coffey
13. Ulster unionism and the Irish Constitution: 1970-1985 - Rory Milhench
14. 'Towards a better Ireland:' Donal Barrington and the Irish Constitution - Tomás Finn
Part V Perspectives on the Constitution and judicial power
15. Administrative action, the rule of law and unconstitutional vagueness - Oran Doyle
16. Article 16 of the Irish Constitution and judicial review of electoral processes - David Prendergast
17. Social and economic rights in the Irish courts and the potential for constitutionalisation - Claire Michelle Smyth

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