Judges, politics and the Irish Constitution
Laura Cahillane, James Gallen, and Tom Hickey
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. Pa ... More
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.
Keywords:
Constitution law,
adjudication,
judicial legitimacy and politics,
legal history,
constitutional rights
Bibliographic Information
Print publication date: 2017 |
Print ISBN-13: 9781526114556 |
Published to Manchester Scholarship Online: September 2017 |
DOI:10.7228/manchester/9781526114556.001.0001 |
Authors
Affiliations are at time of print publication.
Laura Cahillane, editor
School of Law, University of Limerick
James Gallen, editor
School of Law and Government, Dublin City University
Tom Hickey, editor
School of Law and Government, Dublin City University
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