Judges, politics and the Irish Constitution

Herausgeber: Cahillane, Laura; Hickey, Tom; Gallen, James

• Gebundenes Buch

Produktbeschreibung

Judges, politics and the Irish Constitution brings together academic scholars and judges to consider ideas and arguments flowing from the often complex relationships between law and politics, adjudication and policy-making, and the judicial and political branches of government. The collection addresses questions around a number of themes: the nature and extent of judicial power; the process of appointing judges and judicial representation; the role and impact of European Court of Human Rights jurisprudence in domestic Irish law; judicial power and political processes; as well as historical questions pertaining to judicial power and adjudication. The volume is dedicated to the memory of the late Mr. Justice Adrian Hardiman, judge of the Irish Supreme Court from 2000 until his death in 2016. It also includes a contribution by Justice Hardiman, written shortly before his untimely passing. Judges, politics and the Irish Constitution is aimed at an academic audience and will be essential reading for Irish legal scholars, students and practitioners. It will also be of interest to judges and to policy-makers.

Produktdetails

• Verlag: Manchester University Press
• Seitenzahl: 320
• Erscheinungstermin: 20. Februar 2017
• Englisch
• Abmessung: 240mm x 161mm x 22mm
• Gewicht: 648g
• ISBN-13: 9781526114556
• ISBN-10: 1526114550
• Artikelnr.: 47549108

Autorenporträt

Laura Cahillane is a Lecturer in the School of Law at the University of Limerick, James Gallen is a Lecturer in Law in the School of Law and Government at Dublin City University, Tom Hickey is a Lecturer in Law in the School of Law and Government at Dublin City University

Inhaltsangabe

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 and the idea of '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 Index