Judges, politics and the Irish Constitution

Judges, politics and the Irish Constitution

Laura Cahillane, James Gallen, and Tom Hickey

Print publication date: 2017

ISBN: 9781526114556

Publisher: Manchester University Press

Abstract

This volume brings together academic scholars and judges together to consider themes flowing from the often complex relationships between ‘law’ and ‘politics’, ‘adjudication’ and ‘policy-making’, the ‘judicial’ and ‘political’ branches of government. Part I addresses questions concerning the nature and extent of judicial power from a largely theoretical perspective. The chapters engage with abstract work on democracy and legitimacy in the context of the wielding and exercise of public (particularly judicial) power, including judicial interpretation and judicial review of legislative action. Part II addresses the European Court of Human Rights decision in O’Keeffe v Ireland and provides contrasting judicial and academic perspectives on the role of the European Court of Human Rights and the nature of exhausting domestic remedies. Part III comprises chapters that address questions around the process of appointing judges and judicial representation or dialogue between the judicial and executive branch. Comparative and theoretical frameworks inform this discussion. Part IV is devoted to legal history and address historical questions pertaining to judges power and adjudication. The role of specific judges, social and political disputes and case law are examined. Part V comprises three chapters, each of which has a quite specific focus but all engaging questions pertaining to judicial power and political processes. Socio-economic rights, the rule of law and and electoral processes are addressed.

Table of Contents

Introduction

Laura Cahillane, James Gallen and Tom Hickey

Part I Judicial power in a constitutional democracy: theoretical foundations

Part II Judging in the case of O’Keeffe v. Hickey: analysis and debate

Part III Judges and the political sphere: appointments and dialogue

Part IV Judges and the Constitution in historical perspective

Part V Perspectives on the Constitution and judicial power

End Matter