Maria Cahill – författare

This collection focuses on the particular nexus of popular sovereignty and constitutional change, and the implications of the recent surge in populism for systems where constitutional change is directly decided upon by the people via referendum. It examines different conceptions of sovereignty as expressed in constitutional theory and case law, including an in-depth exploration of the manner in which the concept of popular sovereignty finds expression both in constitutional provisions on referendums and in court decisions concerning referendum processes. While comparative references are made to a number of jurisdictions, the primary focus of the collection is on the experience in Ireland, which has had a lengthy experience of referendums on constitutional change and of legal, political and cultural practices that have emerged in association with these referendums. At a time when populist pressures on constitutional change are to the fore in many countries, this detailed examination of where the Irish experience sits in a comparative context has an important contribution to make to debates in law and political science.

This collection focuses on the particular nexus of popular sovereignty and constitutional change, and the implications of the recent surge in populism for systems where constitutional change is directly decided upon by the people via referendum. It examines different conceptions of sovereignty as expressed in constitutional theory and case law, including an in-depth exploration of the manner in which the concept of popular sovereignty finds expression both in constitutional provisions on referendums and in court decisions concerning referendum processes. While comparative references are made to a number of jurisdictions, the primary focus of the collection is on the experience in Ireland, which has had a lengthy experience of referendums on constitutional change and of legal, political and cultural practices that have emerged in association with these referendums. At a time when populist pressures on constitutional change are to the fore in many countries, this detailed examination of where the Irish experience sits in a comparative context has an important contribution to make to debates in law and political science.

The Draft European Constitution was arguably both an attempt to constitutionalise the Union, re-framing that project in the language of the state, and an attempt to stretch the boundaries of constitutionalism itself, re-imagining that concept to accommodate the sui generis European Union. The (partial) failure of this project is the subject of this collection of essays. The collection brings together leading EU constitutional scholars to consider, with the benefit of hindsight, the purportedly constitutional character of the proposed Constitutional Treaty, the reasons for its rejection by voters in France and the Netherlands, the ongoing implications of this episode for the European project, and the lessons it teaches us about what constitutionalism really means.

The Draft European Constitution was arguably both an attempt to constitutionalise the Union, re-framing that project in the language of the state, and an attempt to stretch the boundaries of constitutionalism itself, re-imagining that concept to accommodate the sui generis European Union. The (partial) failure of this project is the subject of this collection of essays. The collection brings together leading EU constitutional scholars to consider, with the benefit of hindsight, the purportedly constitutional character of the proposed Constitutional Treaty, the reasons for its rejection by voters in France and the Netherlands, the ongoing implications of this episode for the European project, and the lessons it teaches us about what constitutionalism really means.

What is the reality of what it is to participate in associations, such as sports clubs, charities, trade unions, or political parties? This book explores the complexities surrounding the right of association from a legal and philosophical perspective.Legal chapters explore how the right is protected in jurisdictions as diverse as Chile, Germany, Indonesia, Kenya, Slovenia, Türkiye and the United Kingdom, alongside thematic chapters on judicial review, associational schism and the lived experience of associational participation. Philosophical chapters employ social ontology to illuminate the nature of group interaction and the reality of associational life.Offering the first interdisciplinary examination of freedom of association, this collection contributes significantly to our understanding of this fundamental right.

This cutting-edge collection is a riposte to the deep assumption that law should be written exclusively for and by the reasonable person, as the person to whom law is addressed and by reference to whom laws are designed and calibrated.The book looks at how the social dimension of the human experience is central to human existence: connections with other people shape our lives in profound ways. While law confers formal status on certain relationships and intervenes to remedy serious injustices that occur, it does not generally concern itself with the individual as a person formed through those and other relationships. It is most often addressed to the individual, on the assumption that individuals are rational autonomous agents.It poses a deep challenge to that assumption. First, the collection opens space for conversation on the social dimension of the human experience in the context of law by critically considering existing conceptual tools that could support such a conversation, e.g., community, solidarity, associations,collective rights, and cosmopolitan law.Second, the collection takes an inventory of the extent to which law currently takes the social dimension of personhood into account in fields as diverse as criminal culpability, natural resources law, human rights, company lawand administrative justice.In moving beyond the fields that have already been the subject of post-individualist and post-autonomy discourse, such as family law and medical law, this collection is a vital contribution to igniting a broader conversation about the relationship between the sociable person and the law.