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Author: Alan J. Ward Publisher: ISBN: Category : Political Science Languages : en Pages : 432
Book Description
A comprehensive analysis of Irish constitutions and constitutional proposals is presented in this single volume, which spans 1782 to the present day and treats the constitutional history of Ireland, north and south, as an integrated whole.
Author: Alan J. Ward Publisher: ISBN: Category : Political Science Languages : en Pages : 432
Book Description
A comprehensive analysis of Irish constitutions and constitutional proposals is presented in this single volume, which spans 1782 to the present day and treats the constitutional history of Ireland, north and south, as an integrated whole.
Author: Eoin Daly Publisher: Manchester University Press ISBN: 0719098866 Category : Political Science Languages : en Pages : 319
Book Description
The political theory of the Irish Constitution considers Irish constitutional law and the Irish constitutional tradition from the perspective of Republican theory. It analyses the central devices and doctrines of the Irish Constitution – popular sovereignty, constitutional rights and judicial review – in light of Republican concepts of citizenship and civic virtue. The Constitution, it will argue, can be understood as a framework for promoting popular participation in government as much as a mechanism for protecting individual liberties. It will be of interest to students and researchers in Irish politics, political theory and constitutional law, and to all those interested in political reform and public philosophy in Ireland.
Author: Eoin Daly Publisher: ISBN: 9781905536498 Category : Church and state Languages : en Pages : 0
Book Description
Religion features prominently in Irish history and politics. Its peculiar legal status represents one of the distinctive features of the Irish constitutional tradition. The 1937 Constitution accords religion a central position as an anchoring point of Ireland's national identity, yet also includes ostensibly strong guarantees of freedom of conscience and religion, and of equality on religious grounds, that are typical of liberal-democratic constitutional systems. It synthesizes competing theories and models, tentatively affirming religion's public status, yet committing it to the private sphere for most purposes. For the most part, the historically close relationship between the State and the Catholic Church found no clear mandate in the constitutional text, which, contrary to prevailing perceptions, imposes a limited form of Church-State separation - although the exact boundaries it imposes remain unclear. More specifically, the legal principles and doctrines relating to religious practice are ambiguous and underdeveloped, particularly in issues surrounding religious freedom and denominational autonomy. The extent to which the Constitution protects religious activity from State interference has never been decisively resolved; additionally, constitutional considerations underlie resurgent contemporary controversies in the field of Church and State - particularly in the recent public debate on the role of religion in schools. Accordingly, Religion, Law and the Irish State examines the constitutional framework governing State and religion in the broader context of the history, politics, and theory of the Church-State relationship. From a lawyer's perspective, the book provides an account of the case law and doctrine in specific areas, including religious freedom, religious equality, denominational autonomy, and Church-State separation, while also giving these subjects a comparative and theoretical treatment. For those approaching Church and State from different perspectives - including historians, political scientists, sociologists, and theologians - it offers an accessible and contextual account of the constitutional dimensions of the State-religion relationship. It explores the constitutional provisions as an expression of, but also a potential fetter upon, the evolving social and political role of religion.
Author: Neil Longley York Publisher: ISBN: Category : History Languages : en Pages : 304
Book Description
Using Anglo-Irish attempts to define and defend their civil rights, Neil Longley York demonstrates how political ideology is played out in a social context. His study begins with seventeenth-century expressions of Anglo-Irish grievance and proceeds, via an examination of patriot writings, to the union of the British and Irish parliaments in 1800. The author traces the development of an Irish constitutional tradition, which he sees as nationalistic and revolutionary, from its origin in seventeenth-century Protestant and Catholic sources and analyzes the impact of this tradition on Irish political institutions and on Ireland's place in the eighteenth-century British imperial system. He also shows how Irish Catholics helped to articulate a constitutional tradition that is normally thought of as originating with the Anglo-Irish Ascendancy. Thus, for York, the 1643 Argument of Patrick Darcy, a Catholic, deserves as prominent a place in the emergence of Irish constitutionalism as William Molyneux's more famous 1698 Case of Ireland Stated. The author's comparison of the Anglo-Irish to their American contemporaries allows him to put the Anglo-Irish problem into a larger context and to ask questions that Irish specialists have tended to pass over. That the Anglo-Irish talked the same constitutional language as their Revolutionary American cousins while pursuing different objectives is, according to York, a reminder that constitutional disquisition cannot be separated from social and political context. This is a notion rarely touched on by Irish historians but frequently explored at length by specialists in Revolutionary American history. This engaging study will prove especially useful to Irish studies specialists--particularly those interested in eighteenth-century Ireland and the Anglo-Irish Protestant Ascendancy, to students of British political and intellectual history, and to anyone interested in constitutional history presented in a socio-political context. Neil Longley York is an associate professor of history and past director of the American studies program at Brigham Young University. He is the author of Mechanical Metamorphosis: Technological Change in Revolutionary America (1985) and editor of Toward a More Perfect Union: Six Essays on the Constitution (1988). ------------------------------------------------------------------------------------------------------------------------------------------------ One of the most rewarding books on eighteenth-century Ireland published in the last generation.--Gerard O�Brien, Magee College, University of Ulster
Author: Darrell Figgis Publisher: Good Press ISBN: Category : Fiction Languages : en Pages : 86
Book Description
Darrell Edmund Figgis was an Irish writer, political activist, and independent parliamentarian in the Irish Free State. He was a member of the Constitution Committee and one of the contributors to the text of the Constitution. The work presented here includes Figgis' commentary on the text of the Constitution and an explanation of some of its points.
Author: Bill Kissane Publisher: ISBN: 9781906359515 Category : Constitutional history Languages : en Pages : 0
Book Description
"New Beginnings" covers Irish constitutional development from Home Rule to the Good Friday Agreement, focusing on turning points where radical constitutional change was discussed, attempted, or implemented. It asks what Irish constitution-makers were trying to do in drafting constitutional documents, or significantly amending existing constitutions. It deals with the 1919, 1922, and 1937 constitutions, debates over the 1937 constitution since 1969, and the 1998 Belfast peace agreement. Taking the relationship between constitutionalism and democracy as its key issue, it asks why Irish politicians have seen constitutions as ways of making democracy more manageable, rather than of furthering democracy. It is intended for students of politics and constitutional law, as well as the general reader, and written in an accessible style that assumes no prior knowledge of Irish constitutional history or law.
Author: Brian Farrell Publisher: Dublin : Gill and Macmillan ; New York : Barnes & Noble Books ISBN: Category : Political Science Languages : en Pages : 296
Author: Oran Doyle Publisher: Bloomsbury Publishing ISBN: 1509903445 Category : Law Languages : en Pages : 257
Book Description
This book provides a contextual analysis of constitutional governance in Ireland. It presents the 1937 Constitution as a seminal moment in an ongoing constitutional evolution, rather than a foundational event. The book demonstrates how the Irish constitutional order revolves around a bipartite separation of powers. The Government is dominant but is legally constrained by the courts, particularly in their interpretations of the fundamental rights protected by the Constitution. In recent decades, the courts have weakened the constitutional constraints on the Government. Political constraints imposed by opposition parties in Parliament and new accountability institutions (such as the Ombudsman) have moderately strengthened but the Government remains by far the most powerful political actor. There is a risk that such executive dominance could lead to democratic decay; however, the referendum requirement for constitutional amendment has prevented Governments from accumulating greater constitutional power. The book begins with an overview of Irish constitutional history leading to the enactment of the 1937 Constitution, before exploring the foundational decisions made by the Constitution in relation to territory, people and citizenship. Particular attention is paid to the constitutional relationship with Northern Ireland, currently unsettled by the decision of the United Kingdom to leave the European Union. The book details the key institutions of state (Government, Parliament, President and courts), before analysing how different constitutional actors exercise their respective powers of governance, contestation and oversight. A thematic approach is taken to the courts' interpretation of fundamental rights, showing how judicial attitudes have markedly changed over time. Further attention is paid to both formal amendment and informal constitutional change. The Constitution today is markedly different from 1937: it is non-committal on national reunification, less influenced by Roman Catholic natural law teaching, and generally more permissive of Government action. It is perhaps these developments, however, that explain its continued success or, at least, its longevity.
Author: Alan J. Ward
Author: Alan J. Ward
Author: Eoin Daly
Author: Eoin Daly
Author: Neil Longley York
Author: Darrell Figgis
Author: Mark D. Walters
Author: Bill Kissane
Author: Brian Farrell
Author: Basil Chubb
Author: Oran Doyle