Kelly: The Irish Constitution

Kelly: The Irish Constitution

Kelly: The Irish Constitution

Kelly: The Irish Constitution

eBook

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Overview

This seminal work, recognised as the authoritative and definitive commentary on Ireland's fundamental law, provides a detailed guide to the structure of the Irish Constitution.

Each Article is set out in full, in English and Irish, and examined in detail, with reference to all the leading Irish and international case law.

It is essential reading for all who require knowledge of the Irish legal system and will prove a vital resource to legal professionals, students and scholars of constitutional and comparative law.

This new edition is fully revised and reflects the substantive changes that have occurred in the 15 years since its last edition and includes expansion and major revision to cover the many constitutional amendments, significant constitutional cases, and developing trends in constitutional adjudication.

The recent constitutional changes covered in this new edition include:

* The 27th Amendment abolished the constitutional jus soli right to Irish Nationality.
* The 28th Amendment allowed the State to ratify the Lisbon Treaty.
* The 29th Amendment relaxed the prohibition on the reduction of the salaries of Irish judges.
* The 30th Amendment allowed the State to ratify the European Fiscal Compact.
* The 31st Amendment was a general statement of children's rights and a provision intended to secure the power of the State to take children into care.
* The 33rd Amendment mandated a new Court of Appeal
* The 34th Amendment prohibited restriction on civil marriage based on sex.
* The 36th Amendment allowed the Oireachtas to legislate for abortion.

New sections include a look at the impact of the Constitution on substantive criminal law, and a detailed treatment of the impact of Article 40.5, protecting the inviolability of the dwelling, on both criminal procedure and civil law.

Other sections have been expanded with in-depth analysis of referendums, challenges to campaigns and results, coverage of Oireachtas privilege, changes in constitutional interpretation, private property rights, and judicial independence. In particular extensive rewriting has taken place on the section dealing with the provisions relating to the courts contained in Article 34 following the establishment of the Court of Appeal and the far-reaching changes to the appellate structure from the 33rd Amendment of the Constitution Act 2013.
This title is included in Bloomsbury Professional's Irish Civil Litigation online service.

Product Details

ISBN-13: 9781784516680
Publisher: Bloomsbury Publishing
Publication date: 12/13/2018
Sold by: Barnes & Noble
Format: eBook
Pages: 3000
File size: 5 MB

About the Author

Gerard Hogan is a judge of the Irish Court of Appeal since 2014. Prior to his appointment, he was a judge of the Irish High Court from 2010. He was educated at University College Dublin, the University of Pennsylvania, Trinity College Dublin and the King's Inns. He was called to the Bar in 1984 and became a Senior Counsel in 1997. He was a law lecturer and fellow in Trinity College Dublin 1982 - 2007. He is regarded as one of the foremost constitutional and administrative lawyers in Ireland.
Gerard F Whyte BCL (NUI), LLM (NUI), LL.D. (NUI), BL, MA FTCD (1990), Barrister-at-Law. Gerry Whyte is a Professor in Trinity Law School and a Fellow of Trinity College.
Rachael Walsh is an Assistant Professor at the School of Law in Trinity College Dublin, teaching and researching in the areas of property law and theory and constitutional law and theory. She previously worked as a Lecturer in Law at King's College London, and prior to that, as an Adjunct Professor at Trinity College Dublin.
David Kenny is an Assistant Professor of Law in Trinity College Dublin, specialising in Constitutional Law.
Gerard Hogan has served as an Advocate General of the European Court of Justice since October 2018. Prior to his appointment, he was a judge of the Irish Court of Appeal and a previously to that, a judge of the Irish High Court. He was educated at University College Dublin, the University of Pennsylvania, Trinity College Dublin and the King's Inns. He was called to the Bar in 1984 and became a Senior Counsel in 1997. He was a law lecturer and fellow in Trinity College Dublin 1982 - 2007. He is regarded as one of the foremost constitutional and administrative lawyers in Ireland.
Gerard F Whyte BCL (NUI), LLM (NUI), LL.D. (NUI), BL, MA FTCD is a Professor in Trinity Law School and a Fellow of Trinity College
David Kenny is an Assistant Professor of Law in Trinity College Dublin, specialising in Constitutional Law.
Rachael Walsh is an Assistant Professor at the School of Law in Trinity College Dublin, teaching and researching in the areas of constitutional law and theory and property law and theory. She previously worked as a Lecturer in Law at King's College London. She is a graduate of Trinity College Dublin and Harvard Law School, where she studied as a Fulbright Scholar. She has published in leading international law journals, including the Modern Law Review and the Law Quarterly Review, and is the author of 'Property and Social Justice Progressive Property in Action.

Table of Contents

Contents
Part 1: Introduction
Chapter 1.1 Introduction
Part 2: Preamble
Chapter 2.1 Preamble
Part 3: The Nation and the State
Chapter 3.1 The Nation
Chapter 3.2 The State
Chapter 3.3 Citizenship
Chapter 3.4 State Property and Finance
Part 4: The Oireachtas
Chapter 4.1 The President
Chapter 4.2 Powers and Functions
Chapter 4.3 Dáil Éireann
Chapter 4.4 Seanad Éireann
Chapter 4.5 Legislation
Part 5: Governance
Chapter 5.1 The Government

Chapter 5.2 Local Government
Chapter 5.3 External Relations
Chapter 5.4 Other Constitutional Organs
Part 6: The Courts
Chapter 6.1 Judicial Function and Independence
Chapter 6.2 The High Court and Judicial Review
Chapter 6.3 The Supreme Court
Chapter 6.4 The Judiciary
Chapter 6.5 Trial of Offences
Part 7: Social and Fundamental Rights
Chapter 7.1 Introduction to Fundamental Rights
Chapter 7.2 Equality
Chapter 7.3 Personal Rights
Chapter 7.4 Liberty
Chapter 7.5 Expression, Assembly and Association
Chapter 7.6 The Family and Education
Chapter 7.7 Private Property
Chapter 7.8 Religion
Chapter 7.9 Directive Principles of Social Policy
Part 8: Constitutional Change and Transition
Chapter 8.1 Amendment and Referenda
Chapter 8.2 Repeal and Continuance
Chapter 8.3 Transitory Provisions
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