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Drafting the Irish Free State Constitution

This text provides an account of the drafting of the Irish Free Constitution of 1922, analysing the document in its historical context and exploring the reasons for its lack of success.Drafting the Irish Free State Constitution challenges the myths surrounding the Irish Free Constitution by analysing the document in its proper historical context, by looking at how the Constitution was drafted and elucidating the true nature of the document. It examines the reasons why the Constitution did not function as anticipated and investigates whether the failures of the document can be attributed to errors of judgement in the drafting process or to subsequent events and treatment of the document. As well as giving a comprehensive account of the drafting stages and an analysis of the three alternative drafts for the first time, the book considers the intellectual influences behind the Constitution and the central themes of the document. This work constitutes a new look at this historic document through a legal lens and the analysis benefits from the advantage of hindsight as well as from the fact that the archival material is now available. -- .

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Drafting the Irish Free State Constitution

"This book challenges the myths surrounding the Irish Free Constitution by analysing the document in its proper historical context, by looking at how the constitution was drafted and elucidating the true nature of the document. It examines the reasons why the constitution did not function as anticipated and investigates whether the failures of the document can be attributed to errors of judgement in the drafting process or to subsequent events and treatment of the document. As well as giving an...account of the drafting stages and an analysis of the three alternative drafts for the first time, the book considers the intellectual influences behind the Constitution and the central themes of the document. This work constitutes a new look at this historic document through a legal lens and the analysis benefits from the advantage of hindsight as well as from the fact that the archival material is now available."--Drafting the Irish Free State Constitution challenges the myths surrounding the Irish Free Constitution by analysing the document in its proper historical context, by looking at how the Constitution was drafted and elucidating the true nature of the document. It examines the reasons why the Constitution did not function as anticipated and investigates whether the failures of the document can be attributed to errors of judgement in the drafting process or to subsequent events and treatment of the document. As well as giving a comprehensive account of the drafting stages and an analysis of the three alternative drafts for the first time, the book considers the intellectual influences behind the Constitution and the central themes of the document. This work constitutes a new look at this historic document through a legal lens and the analysis benefits from the advantage of hindsight as well as from the fact that the archival material is now available.

Judges, politics and the Irish constitution

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.