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The Constitution of Ireland: A Contextual Analysis


ISBN13: 9781509903436
Previous Edition ISBN: 9781841138367
Published: November 2018
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £25.99
Hardback edition publication abandoned, ISBN13 9781841138367



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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This book will provide a contextual analysis of Ireland’s constitutional order. The aim of the book is to provide an account of how constitutional governance in Ireland actually occurs rather than a doctrinal account of what the Constitution says.

The dominance of the Parliament by the Executive warps the constitutional structure that appears on the face of the constitutional text, leading to a diminished role for the Parliament and greater importance for the accountability and contestatory roles of other institutions, principally but not solely the courts. The structure of the book aims to present the reality of this constitutional structure.

The book therefore eschews an approach that presents the Parliament as legislator, the Government as executive organ, and the Courts as judicial organ. This approach would need to be heavily qualified to recognise the Government’s domination of legislation and does not easily allow for a discussion of accountability.

Rather, having begun with the historical context (both political and institutional) and the relationship between the Irish state and the various legal orders that apply to it, the book presents the constitutional offices and officers, as well as the relations between them. There is a focus both on their legal roles and the sorts of people who typically fill those roles.

This raises meaty and substantial issues such as the role of the President, the impact of a PR STV voting system on legislative priorities, judicial intervention in electoral processes, the nexus between the lower House of Parliament (the Dáil) and the Government, the domination of the judiciary by the upper middle classes, and tension between the judiciary and the electorally accountable organs of government.

This chapter is the lynchpin of the book and provides crucial context for the constitutional processes considered in the subsequent chapters: legislation, governance and administration, accountability, and fundamental rights.

Subjects:
Constitutional and Administrative Law, Irish Law
Contents:
1. Beginnings, Influences and Evolution
2. Constitutional Foundations
3. Government and Oireachtas
4. The President
5. Legislative Power and Interpretation
6. Governance and Public Administration
7. Political Constraints on the Government
8. Courts and the Legal Constraint of the Government
9. Fundamental Rights and Judicial Power
10. Constitutional Change
11. Conclusion

Series: Constitutional Systems of the World

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The Constitution of South Korea: A Contextual Analysis ISBN 9781509919185
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The Constitution of New Zealand: A Contextual Analysis ISBN 9781849469036
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The Constitution of Italy: A Contextual Analysis ISBN 9781509905720
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Constitution of Canada: A Contextual Analysis 2nd ed ISBN 9781509947171
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The Constitution of the United Kingdom: A Contextual Analysis 4th ed ISBN 9781509945542
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The Constitutional System of Turkey: A Contextual Analysis ISBN 9781841138534
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The Constitution of Myanmar ISBN 9781509933143
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The Constitution of Ireland: A Contextual Analysis
ISBN 9781841138367
Published March 2020
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The Constitution of Argentina: A Contextual Analysis ISBN 9781841139418
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The Constitution of Myanmar ISBN 9781509927357
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The Constitution of Brazil: A Contextual Analysis ISBN 9781849465359
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The Constitution of Ireland: A Contextual Analysis (eBook) ISBN 9781509903443
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£23.39
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The Constitution of Pakistan: A Contextual Analysis (eBook) ISBN 9781509919123
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The Constitution of Pakistan: A Contextual Analysis ISBN 9781849465861
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The Constitution of India: A Contextual Analysis ISBN 9781841137360
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The Constitution of Romania: A Contextual Analysis ISBN 9781849465137
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The Constitution of Taiwan: A Contextual Analysis ISBN 9781849465120
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Published March 2015
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Constitution of Canada: A Contextual Analysis ISBN 9781841133638
Published March 2015
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Constitution of Israel: A Contextual Analysis ISBN 9781841138350
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Constitution of Israel: A Contextual Analysis (eBook) ISBN 9781782252092
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£25.19
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Constitution of Mexico: A Contextual Analysis ISBN 9781849462884
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The Constitution of Spain: A Contextual Analysis ISBN 9781849460163
Published May 2013
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The Constitution of France: A Contextual Analysis ISBN 9781841137353
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The Constitution of France: A Contextual Analysis (eBook) ISBN 9781782250562
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The Constitution of Indonesia: A Contextual Analysis ISBN 9781849460187
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The Constitution of Indonesia: A Contextual Analysis (eBook) ISBN 9781847319883
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The Constitution China: A Contextual Analysis (eBook) ISBN 9781847319913
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The Constitution of Malaysia: A Contextual Analysis (eBook) ISBN 9781847319838
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The Constitution of Malaysia: A Contextual Analysis ISBN 9781841139715
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The Constitution of the United Kingdom: A Contextual Analysis 2nd ed (eBook) ISBN 9781847318947
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The Constitution of the Russian Federation: A Contextual Analysis ISBN 9781841137841
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The Constitution of the Republic of Austria: A Contextual Analysis ISBN 9781841138527
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The Constitution of Germany: A Contextual Analysis ISBN 9781841138688
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The Constitution of Australia: A Contextual Analysis (eBook) ISBN 9781847317407
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The Constitution of Australia: A Contextual Analysis ISBN 9781841137346
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The Constitution of Finland: A Contextual Analysis ISBN 9781841138541
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The Constitution of Japan: A Contextual Analysis ISBN 9781841137926
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The Constitution of South Africa: A Contextual Analysis (eBook) ISBN 9781847317414
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£25.19
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£27.99
The Constitution of Vietnam: A Contextual Analysis ISBN 9781841137391
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£32.99