Author: Jennifer Carroll MacNeill Publisher: ISBN: 9781846825972 Category : Judges Languages : en Pages : 0
Book Description
This book provides an unprecedented analysis of the politics underlying the appointment of judges in Ireland, enlivened by a wealth of interview material, and putting the Irish experience into a broad comparative framework. It tells the inside story of the process by which judges are chosen both in cabinet and in the Judicial Appointments Advisory Board over the past three decades and charts a path for future reform of judicial appointment processes in Ireland. The research is based on a large number of interviews with senior judges, current and former politicians, Attorneys-General and members of the Judicial Appointments AdvisoryBoard. The circumstances surrounding decisions about institutional design and institutional change are reconstructed in meticulous detail, giving us an excellent insight into the significance of a complex series of events that govern the way in which judges in Ireland are chosen today. Author Jennifer Carroll MacNeill is both an IRCHSS Government of Ireland Scholar and the winner of the Basil Chubb Prize 2015 for the best politics PhD in Ireland. [Subject: Legal History, Legal Studies, Politics, Ireland]
Author: Brice Dickson Publisher: Oxford University Press ISBN: 0192512463 Category : Law Languages : en Pages : 417
Book Description
This book examines the jurisprudence of the Supreme Court of Ireland since its creation in 1924. It sets out the origins of the Court, explains how it operated during the life of the Irish Free State (1922-1937), and considers how it has developed various fields of law under Ireland's 1937 Constitution, especially after the 're-creation' of the Court in 1961. As well as constitutional law, the book looks at the Court's views on the status and legal system of Northern Ireland, administrative law, criminal justice and personal and family law. There are also chapters on the Supreme Court's interaction with European Union law and with the European Convention on Human Rights. The argument throughout is that, while the Court has been well served by many of its judges, who on occasion have manifested a healthy degree of judicial activism, there are still several legal fields in which the Court has not developed its jurisprudence as clearly or as imaginatively as it might have done. It has often displayed undue conservatism and deference. For many years its performance was hampered by its extreme workload, generated by its inability to control the number of appeals brought to it. However, the creation of a new Court of Appeal in 2014 has freed up the Supreme Court to act in a manner more analogous to that adopted by supreme courts in other common law countries. The Court's future looks bright.
Author: Máiréad Enright Publisher: Bloomsbury Publishing ISBN: 1509908943 Category : Law Languages : en Pages : 701
Book Description
The Northern/Irish Feminist Judgments Project inaugurates a fresh dialogue on gender, legal judgment, judicial power and national identity in Ireland and Northern Ireland. Through a process of judicial re-imagining, the project takes account of the peculiarly Northern/Irish concerns in shaping gender through judicial practice. This collection, following on from feminist judgments projects in Canada, England and Australia takes the feminist judging methodology in challenging new directions. This book collects 26 rewritten judgments, covering a range of substantive areas. As well as opinions from appellate courts, the book includes fi rst instance decisions and a fi ctional review of a Tribunal of Inquiry. Each feminist judgment is accompanied by a commentary putting the case in its social context and explaining the original decision. The book also includes introductory chapters examining the project methodology, constructions of national identity, theoretical and conceptual issues pertaining to feminist judging, and the legal context of both jurisdictions. The book, shines a light on past and future possibilities - and limitations - for judgment on the island of Ireland. 'This book provides a rich and expansive addition to the feminist judgments catalogue. The ... judgments demonstrate powerfully how Northern/Irish judges have contributed to the gendered politics of national identity, and how the narrow subject-positions they have created for women and 'others' could have been so much wider and more open.' Professor Rosemary Hunter, School of Law, Queen Mary University London. 'The Northern/Irish Feminist Judgments Project is inspirational reading for anyone interested in feminism or Irish studies ... It is a model of how to conduct feminist enquiry. Its most innovative contribution to scholarship and politics is how the rewriting of landmark legal judgments from a feminist perspective allows us to imagine (and therefore begin to construct) a more egalitarian, a more just, future.' Associate Professor Katherine O'Donnell, School of Philosophy, University College Dublin. If you let it, this book will make you think. ... It made me think – it reminded me, I suppose – that legal writing can be wonderful: rigorous, creative, deeply observant, provocative. Read it and see what it makes you think. Professor Thérèse Murphy, School of Law, Queen's University Belfast
Author: Gerard Hogan Publisher: Bloomsbury Publishing ISBN: 1784516686 Category : Law Languages : en Pages : 3184
Book Description
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.
Author: Eamonn G. Hall Publisher: Dr Edward Gerard Hall ISBN: 9780946738083 Category : Irish reports Languages : en Pages : 702
Book Description
Dr Hall provides a history of law reporting in Ireland from the mid 1800s. His work celebrates case law and the decisions of the judges, and describes tensions between judges and reporters about what ought to be reported in an official series of reports.
Author: Allison Kenneally Publisher: ISBN: 9781905536580 Category : Justice, Administration of Languages : en Pages : 0
Book Description
This is the first book launching the new Core Law Text series by Clarus Press. Written specifically for the student, the book provides a comprehensive, accurate, and accessible account of the nature, structure, and functions of the Irish legal system. It includes a coherent account of the constitutional principles and institutional structures which form the building blocks of the Irish legal system, including references to and explanations of important areas of substantive law. Each chapter examines key legal principles and puts each area of law into context. The book also includes a clear statement of the intended learning outcomes to help direct and focus the students' learning. Diagrams, tables, flow-charts, and summaries are utilized to reinforce the information and provide quick visual cues for the understanding of key points contained in the text. The book is fully up-to-date and includes recent legislative and constitutional changes and amendments to EU law. It also includes international treaties between EU Member States to which Ireland has recently become a party. This will be an essential textbook for undergraduate students and others with an interest in the Irish legal system. (Series: The Core Text Series)
Author: David Fennelly Publisher: ISBN: 9780414034815 Category : Customary law, International Languages : en Pages : 600
Book Description
This book sets out clearly the status and effect of international law in the Irish legal system, its interaction with Irish and EU law, and the specific techniques with which practitioners need to be familiar when using and relying on international law in the Irish courts.
Author: Raymond Byrne Publisher: Bloomsbury Professional ISBN: 9781780435008 Category : Law Languages : en Pages : 0
Book Description
Byrne and McCutcheon on the Irish Legal System, 6th edition provides an excellent introduction to the legal system in Ireland and is essential for any student starting legal studies in Ireland. Beginning with an overview of the Irish Legal system and its history, it proceeds to discuss the profession and the law officers of the state including changes in the organisation of the profession in other common law states. It includes all the changes to the court systems and structure, Irish Constitution and EC Law since the last edition published in 2009. Byrne and McCutcheon on the Irish Legal System is an invaluable introduction to the law and provides an accessible and comprehensive point of reference for practitioners and students alike and is an essential text for students of Irish law. Key legislation and case law includes: Legal Services Regulation Bill 2011; The Thirty-Third Amendment of the Constitution (resulting in the creation of a new Court of Appeal); Arbitration Act 2010. Contents includes: 1. Introduction; 2. Development of the Legal System; 3. The Legal Profession; 4. The Court System; 5. First Instance Jurisdiction; 6. Civil and Criminal Procedure; 7. Appellate Jurisdiction; 8. Arbitration, Adjudicative Bodies and ADR; 9. Access to Law; 10. Remedies; 11. Law Reform; 12. Precedent; 13. Legislation; 14. Statutory Interpretation; 15. The Constitution; 16. EC Law; 17. International Law. Previous edition ISBN: 9781845922788
Author: Jennifer Carroll MacNeill
Author: Brice Dickson
Author: Eoin Carolan
Author: Paul Charles Bartholomew
Author: Máiréad Enright
Author: Gerard Hogan
Author: Eamonn G. Hall
Author: Allison Kenneally
Author: David Fennelly
Author: Raymond Byrne