The Constitution of Ireland: Perspectives and Prospects

ISBN-13: 9781780431383 / Angielski / Miękka / 2012 / 526 str.

Eoin Carolan

Opis

The Constitution of Ireland: Perspectives and Prospects is a book containing the papers presented at a two day conference at University College Dublin to mark the 75th anniversary of the Irish Constitution. The conference on The Irish Constitution: Past, Present and Future includes many distinguished academics, senior practitioners and judges, including: Mark Tushnet; Philip Pettit; Martin Loughlin; Cheryl Saunders; Opening addresses from the Chief Justice of Ireland. EURO: 175

Spis treści

Introduction: The Hon Mrs Justice Susan Denham, Chief Justice Some thoughts on the Constitution of Ireland at 75; Part I Constitutional Values: Philip Pettit The Republican Constitution; Mark Tushnet National Identity as a Constitutional Issue: The Case of the Preamble to the Irish Constitution of 1937; Ronan McCrea Rhetoric, Choices and the Constitution; Amihai Radzyner The Irish Influence on the Israeli Constitution Proposal, 1948; Eoin Daly Public Philosophy and Constitutional Interpretation after Natural Law: Republican Horizons; Declan O'Keeffe God, the Natural Law and the 1937 Constitution; Maria Cahill Judicial Conceptions of Sovereignty; Part II Democracy, Politics and the Constitution: Conor O'Mahony Constitutional Amendment and Judicial Restraint: How Restrained Should an Irish Court Be?; Paul Gallagher The Limits of Constitutionalism; David Kenny The Separation of Powers and Remedies: The Legislative Power and Remedies for Unconstitutional Legislation in Comparative Perspective; Jim O'Callaghan Seanad Éireann - An Opportunity for Real Political Reform; Bláthna Ruane The Doherty Case and Issues Regarding the Provision of Information and Funding for Constitutional Referenda; Gaetano Marzulli Direct Democracy by Judges? The Irish Constitution and the Approach of the Courts to the Referendum as a Model in Comparative Perspective; Marie-Luce Paris Popular Sovereignty and the Use of the Referendum - Comparative Perspectives with Reference to France; Part III Structural Challenges: Niamh Cleary Constitutional Principles and Restitution of Unlawfully Exacted Tax; Aileen Kavanagh Unconstitutional Constitutional Amendments from Irish Free State to Irish Republic; Fergal Davis and Christopher Thornhill Article 28.3.3: Terrorism, Democracy, Supra-Legality and the 'State of Emergency' in the Irish Constitution; Alan Greene Declaring a State of Emergency Under Article 28.3.3 of the Irish Constitution: A Purely Political Question?; David Fennelly Crotty's Long Shadow: the European Union, the United Nations and the Changing Framework of Ireland's International Relations; Part IV Constitutional Reform?: Fergus Ryan Are Two Irish Mammies (even) Better than One? Heteronormativity, Homosexuality and the 1937 Constitution; Séamus Ó Tuama Prospects for Constitutional Democracy in Ireland; Jane Suiter A Constitutional Moment: Taking Advantage of a Confluence of Events; John O'Dowd The Constitutional Convention: A Comment.