constitutional law

Taxes, juries and emergency powers: Murphy v Ireland

In a resolutely formalistic judgment, the Supreme Court yesterday rejected a constitutional challenge to the hearing of “ordinary” cases in the Special Criminal Court. Thomas Murphy had been charged with failing to make his tax returns — an indictable offence that is tried usually in the “ordinary courts” —  but the DPP certified that such courts are “inadequate to secure the effective(…)

The Rich Legacy of Ronald Dworkin: 1931-2013

We welcome this guest post from Dr. Tom Hickey a lecturer in the School of Law at NUI Galway.  In this guest post Dr. Hickey reflects on the work of Ronald Dworkin.  Dr. Hickey lectures in the areas of constitutional law, jurisprudence and administrative law at NUI Galway. The passing last week of Ronald Dworkin, Professor(…)

PhD Studentships at Durham: Dividing Political Power among People(s)

The Law School at Durham University is pleased to invite applications for two three-year doctoral studentship, fully funded (fees and maintenance grant) as part of the ERC – funded project entitled “Dividing Political Power among People(s): A New Federal Theory for the 21st Century”. The project aims to explore international and national phenomena that have(…)

Blog Carnival: The Children's Referendum

Aoife Nolan is Professor of International Human Rights Law in University of Nottingham. Liam Thornton is a lecturer in law and director of clinical legal education in University College Dublin. Aoife and Liam are organising Human Rights in Ireland’s contribution to the debate on Article 42A, the Children’s Amendment. On November 10th 2012, a referendum(…)

Damache and Constitutional Retrospectivity

In February of this year a most significant decision was handed down by the Supreme Court in the area of criminal procedure. This decision, Damache v DPP [2012] IESC 11 (discussed here), found that s.29(1) of the Offences Against the State Act 1939, which had been in operation for the past 36 years having been inserted(…)

New Resource on UK and Comparative Constitutional Law

Rory O’Connell of Queen’s University Belfast Law School has set up a website which will be of interest to people teaching UK or comparative constitutional law. The website includes a chronology of events and sources relevant to constitutional law. The resource focuses on evens in UK constitutional history though also includes references to Irish, European,(…)

Weekend Reading: Sir Igor Judge on the Role of the Courts

In August the Lord Chief Justice of England and Wales, the appropriately named Sir Igor Judge (pictured left), gave a speech to the 2010 Bench & Bar Conference in Colorado. When British judges speak in the United States, it is almost obligatory that they flag up the shared constitutional history of  both nations. What makes Sir Igor(…)

A Twilight of Sovereignty: Eastern Europe's Constitutional Courts, the IMF and Government Austerity Programmes

Events in Eastern Europe have yielded some sharp practice relating to the interaction of IMF requested austerity measures and national Constitutional Courts. While these decisions belong to distinct constitutional traditions, they embody underlying debates surrounding the judicial role, the influence of the IMF and the diminution of sovereignty in a global age. The Latvian Constitutional(…)

Human Rights in Irish Legal History: Cahillane on Judicial Review (Guest Contribution)

In the second part of our coverage considering events in Irish legal history which have had a significant impact on the political institutions in place in Ireland and in particular upon questions of human rights, Laura Cahillane, a PhD candidate at UCC, assesses important missed opportunities in the early development of judicial review of legislation in Ireland. Many(…)

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