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Judges, Politics and the Irish Constitution

Edited by: Laura Cahillane, James Gallen, Tom Hickey

ISBN13: 9781526107312
Published: February 2017
Publisher: Manchester University Press
Country of Publication: UK
Format: Paperback
Price: £29.50

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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.

Irish Law
Introduction - Laura Cahillane, James Gallen and Tom Hickey

Part I: Judicial power in a constitutional democracy: theoretical foundations
1. In defence of judicial innovation and constitutional evolution - Fiona de Londras
2. Reappraising judicial supremacy in the Irish constitutional tradition - Eoin Daly
3. Unenumerated personal rights: the legacy of Ryan v. Attorney General - Gerard Hogan
4. Judges as God's philosophers: re-thinking 'principle' in constitutional adjudication - Tom Hickey

Part II: Judging in the case of O'Keeffe v. Hickey: analysis and debate
5. O'Keeffe v. Hickey: overview and analysis - James Gallen
6. The jurisdiction of the European Court of Human Rights and the case of O'Keeffe v. Hickey -Adrian Hardiman
7. Subsidiarity of ECHR and O'Keeffe v. Ireland: a response to Mr Justice Hardiman - Conor O'Mahony

Part III: Judges and the political sphere: appointments and dialogue
8. Judicial appointments in Ireland: the potential for reform - Laura Cahillane
9. Merit, diversity, and interpretive communities: the (non-party) politics of judicial appointments and constitutional adjudication - David Kenny
10. Speaking to power: mechanisms for judicial-executive dialogue - John O'Dowd

Part IV: Judges and the Constitution in historical perspective
11. The Irish Constitution 'from below': squatting families versus property rights in Dublin, 1967-71 - Thomas Murray
12. 'The union makes us strong:' National Union of Railwaymen v. Sullivan and the demise of vocationalism in Ireland - Donal Coffey
13. Ulster unionism and the Irish Constitution: 1970-1985 - Rory Milhench
14. 'Towards a better Ireland:' Donal Barrington and the Irish Constitution - Tomas Finn

Part V: Perspectives on the Constitution and judicial power
15. Administrative action, the rule of law and unconstitutional vagueness - Oran Doyle
16. Article 16 of the Irish Constitution and judicial review of electoral processes - David Prendergast
17. Social and economic rights in the Irish courts and the potential for constitutionalisation - Claire Michelle Smyth