Laura Cahillane - Böcker

Drafting the Irish Free State Constitution challenges the myths surrounding the Irish Free Constitution by analysing the document in its proper historical context, by looking at how the Constitution was drafted and elucidating the true nature of the document. It examines the reasons why the Constitution did not function as anticipated and investigates whether the failures of the document can be attributed to errors of judgement in the drafting process or to subsequent events and treatment of the document.As well as giving a comprehensive account of the drafting stages and an analysis of the three alternative drafts for the first time, the book considers the intellectual influences behind the Constitution and the central themes of the document. This work constitutes a new look at this historic document through a legal lens and the analysis benefits from the advantage of hindsight as well as from the fact that the archival material is now available.

This volume brings together academics 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. Contributors explore numerous themes, including the nature and extent of judicial power, the European Court of Human Rights decision in O'Keeffe v Ireland, the process of appointing judges and judicial representation, judicial power and political processes. Contrasting judicial and academic perspectives are provided on the role of the European Court of Human Rights and the nature of exhausting domestic remedies, including a contribution from the late Mr. Justice Adrian Hardiman. The role of specific judges, social and political disputes and case law are examined and socio-economic rights, the rule of law and electoral processes are all addressed.

This volume brings together academics 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. Contributors explore numerous themes, including the nature and extent of judicial power, the European Court of Human Rights decision in O'Keeffe v Ireland, the process of appointing judges and judicial representation, judicial power and political processes. Contrasting judicial and academic perspectives are provided on the role of the European Court of Human Rights and the nature of exhausting domestic remedies, including a contribution from the late Mr. Justice Adrian Hardiman. The role of specific judges, social and political disputes and case law are examined and socio-economic rights, the rule of law and electoral processes are all addressed.

Winner of the DSBA Practical Law Book of the Year Award 2020This seventh edition provides comprehensive treatment of the key elements of the legal system in Ireland, including the roles and regulation of legal practitioners, the organisation of the courts and the judiciary, and an analysis of the main sources of Irish law and their application in practice.It is essential reading for law students in Ireland, and practitioners will find it of great value.The seventh edition has been fully updated to reflect recent key developments including:Fundamental reform of the legal profession under the Legal Services Regulation Act 2015,The commencement of the main regulatory powers of the Legal Services Regulatory Authority and the establishment of the Office of the Legal Costs Adjudicator;The increasing impact of information technology on the legal profession and the courts, accelerated in 2020 by the Covid-19 pandemic;The establishment of the Judicial Council under the Judicial Council Act 2019, and the roles of its committees;Discussion of the system for appointing judges;The establishment of the Court of Appeal and the resulting impact on the Supreme Court;The Mediation Act 2017 and alternative dispute resolution in civil cases;The doctrine of precedent, including important case law from the Court of Appeal and the Supreme Court;Significant developments in making legislation more accessible online, and analysis of the case law on the interpretation of legislation;The impact of recent constitutional decisions, including case law on suspended declarations of unconstitutionality, and the constitutional amendments on marriage equality and abortion;Developments in EU law, including the potential impact of Brexit, and the growing impact on Irish law of more than 1,400 international agreements that Ireland has ratified.This title is included in Bloomsbury Professional's Irish Civil Litigation online service.

Drafting the Irish Free State Constitution challenges the myths surrounding the Irish Free Constitution by analysing the document in its proper historical context, by looking at how the Constitution was drafted and elucidating the true nature of the document. It examines the reasons why the Constitution did not function as anticipated and investigates whether the failures of the document can be attributed to errors of judgement in the drafting process or to subsequent events and treatment of the document.As well as giving a comprehensive account of the drafting stages and an analysis of the three alternative drafts for the first time, the book considers the intellectual influences behind the Constitution and the central themes of the document. This work constitutes a new look at this historic document through a legal lens and the analysis benefits from the advantage of hindsight as well as from the fact that the archival material is now available.

This book tailored to the needs of researchers in examining varying methodological approaches from a practical perspective. In addition to the principal approaches now commonly used in legal research issues such as participatory and community-based research as well as empirical methods will also be

The methodological approach and methods used in any particular research project are key to its success. In Legal Research Methods: Principles and Practicalities (Clarus Press, 2016), the contributors assessed the relative utility of a variety of methods and methodologies in the context of legal research generally. Taking a case studies approach, contributors to this text have written about the methods used in a particular piece of research, outlining the justification for the choice of that methodology; describing the methods used; detailing the advantages, disadvantages and challenges to the approach taken; discussing any ethical considerations that arose in the context of the research; reflecting on the approach taken; and concluding with advice to scholars engaging with similar methods or methodologies. Each chapter is structured in the same way in order to allow for ease of comparison between the approaches taken.

This book deals with the role, development, and legacy of the first Constitution of independent Ireland within the wider context of the establishment of the State. from individual aspects like property rights, the Irish language and environmental rights to aspects such as opposition and partition.

This book deals with the role, development, and legacy of the first Constitution of independent Ireland within the wider context of the establishment of the State. from individual aspects like property rights, the Irish language and environmental rights to aspects such as opposition and partition.