- Title Pages
- Dedication
- Contributors
- Tribute to Justice Adrian Hardiman, 1951–2016
- Acknowledgements
- Introduction
-
1 In defence of judicial innovation and constitutional evolution -
2 Reappraising judicial supremacy in the Irish constitutional tradition -
3 Unenumerated personal rights: the legacy of Ryan v. Attorney General -
4 Judges and the idea of ‘principle’ in constitutional adjudication -
5 O’Keeffe v. Ireland: overview and analysis -
6 The jurisdiction of the European Court of Human Rights and the case of O’Keeffe v. Hickey -
7 Subsidiarity of ECHR and O’Keeffe v. Ireland: a response to Mr Justice Hardiman -
8 Judicial appointments in Ireland: the potential for reform -
9 Merit, diversity and interpretative communities: the (non-party) politics of judicial appointments and constitutional adjudication -
10 Speaking to power: mechanisms for judicial–executive dialogue -
11 The Irish Constitution ‘from below’: squatting families versus property rights in Dublin, 1967–71 -
12 ‘The union makes us strong’: National Union of Railwaymen v. Sullivan and the demise of vocationalism in Ireland -
13 Ulster unionism and the Irish Constitution, 1970–85 -
14 ‘Towards a better Ireland’:1 -
15 Administrative action, the rule of law and unconstitutional vagueness -
16 Article 16 of the Irish Constitution and judicial review of electoral processes -
17 Social and economic rights in the Irish courts and the potential for constitutionalisation - Index
Unenumerated personal rights: the legacy of Ryan v. Attorney General
Unenumerated personal rights: the legacy of Ryan v. Attorney General
- Chapter:
- (p.49) 3 Unenumerated personal rights: the legacy of Ryan v. Attorney General
- Source:
- Judges, politics and the Irish Constitution
- Author(s):
Justice Gerard Hogan Hon. Mr
- Publisher:
- Manchester University Press
The chapter of Mr. Justice Gerard Hogan addresses the case of Ryan v Attorney General. He considers the consequences of the reliance by judges in the case on extra-textual norms (e.g. on the ‘Christian and democratic nature of the State’), arguing that they could instead have relied on norms that had a clearer textual basis. Their failure to do so, he argues, distorted the rights elements of Irish constitutional jurisprudence in part through a related failure to develop a thorough analysis of the meaning of the rights that were expressly enumerated in the text itself.
Keywords: Constitutional interpretation, unenumerated rights, constitutional rights
Manchester Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
Please, subscribe or login to access full text content.
If you think you should have access to this title, please contact your librarian.
To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.
- Title Pages
- Dedication
- Contributors
- Tribute to Justice Adrian Hardiman, 1951–2016
- Acknowledgements
- Introduction
-
1 In defence of judicial innovation and constitutional evolution -
2 Reappraising judicial supremacy in the Irish constitutional tradition -
3 Unenumerated personal rights: the legacy of Ryan v. Attorney General -
4 Judges and the idea of ‘principle’ in constitutional adjudication -
5 O’Keeffe v. Ireland: overview and analysis -
6 The jurisdiction of the European Court of Human Rights and the case of O’Keeffe v. Hickey -
7 Subsidiarity of ECHR and O’Keeffe v. Ireland: a response to Mr Justice Hardiman -
8 Judicial appointments in Ireland: the potential for reform -
9 Merit, diversity and interpretative communities: the (non-party) politics of judicial appointments and constitutional adjudication -
10 Speaking to power: mechanisms for judicial–executive dialogue -
11 The Irish Constitution ‘from below’: squatting families versus property rights in Dublin, 1967–71 -
12 ‘The union makes us strong’: National Union of Railwaymen v. Sullivan and the demise of vocationalism in Ireland -
13 Ulster unionism and the Irish Constitution, 1970–85 -
14 ‘Towards a better Ireland’:1 -
15 Administrative action, the rule of law and unconstitutional vagueness -
16 Article 16 of the Irish Constitution and judicial review of electoral processes -
17 Social and economic rights in the Irish courts and the potential for constitutionalisation - Index
