Overview
This seminal work, recognised as the authoritative and definitive commentary on Ireland's fundamental law, provides a detailed guide to the structure of the Irish Constitution. Each Article is set out in full, in English and Irish, and examined in detail, with reference to all the leading Irish and international case law. It is essential reading for all who require knowledge of the Irish legal system and will prove a vital resource to legal professionals, students and scholars of constitutional and comparative law. This new edition is fully revised and reflects the substantive changes that have occurred in the 15 years since its last edition and includes expansion and major revision to cover the many constitutional amendments, significant constitutional cases, and developing trends in constitutional adjudication. The recent constitutional changes covered in this new edition include: * The 27th Amendment abolished the constitutional jus soli right to Irish Nationality. * The 28th Amendment allowed the State to ratify the Lisbon Treaty. * The 29th Amendment relaxed the prohibition on the reduction of the salaries of Irish judges. * The 30th Amendment allowed the State to ratify the European Fiscal Compact. * The 31st Amendment was a general statement of children's rights and a provision intended to secure the power of the State to take children into care. * The 33rd Amendment mandated a new Court of Appeal * The 34th Amendment prohibited restriction on civil marriage based on sex. * The 36th Amendment allowed the Oireachtas to legislate for abortion. New sections include a look at the impact of the Constitution on substantive criminal law, and a detailed treatment of the impact of Article 40.5, protecting the inviolability of the dwelling, on both criminal procedure and civil law. Other sections have been expanded with in-depth analysis of referendums, challenges to campaigns and results, coverage of Oireachtas privilege, changes in constitutional interpretation, private property rights, and judicial independence. In particular extensive rewriting has taken place on the section dealing with the provisions relating to the courts contained in Article 34 following the establishment of the Court of Appeal and the far-reaching changes to the appellate structure from the 33rd Amendment of the Constitution Act 2013. This title is included in Bloomsbury Professional's Irish Civil Litigation online service.
Full Product Details
Author: Gerard Hogan ,
Prof Gerry Whyte (Trinity Law School, Ireland) ,
David Kenny ,
Rachael Walsh
Publisher: Bloomsbury Publishing PLC
Imprint: Bloomsbury Professional
Edition: 5th edition
Dimensions:
Width: 15.60cm
, Height: 6.40cm
, Length: 24.80cm
Weight: 1.819kg
ISBN: 9781784516666
ISBN 10: 178451666
Pages: 3072
Publication Date: 31 October 2018
Audience:
Professional and scholarly
,
Professional & Vocational
Format: Hardback
Publisher's Status: Active
Availability: Temporarily unavailable
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Reviews
Pitched as it is - broad, precise, detailed, staggeringly comprehensive, and with lengthier critical analysis at frequent but selected junctures these keepers of the Kelly flame manage to balance the various considerations such that it makes its extraordinary and foundational contribution to our understanding of Irish constitutional law. --Hibernian Law Journal 2019, 18(1) Learned and thought-provoking...This [4th] edition, like its predecessors, will be an essential buy for lawyers and students of law. But, also like its predecessors, it will equally be invaluable for politicians, journalists, potential constitutional challengers and pub lawyers everywhere. --The Irish Times
Author Information
Gerard Hogan is a judge of the Irish Court of Appeal since 2014. Prior to his appointment, he was a judge of the Irish High Court from 2010. He was educated at University College Dublin, the University of Pennsylvania, Trinity College Dublin and the King's Inns. He was called to the Bar in 1984 and became a Senior Counsel in 1997. He was a law lecturer and fellow in Trinity College Dublin 1982 - 2007. He is regarded as one of the foremost constitutional and administrative lawyers in Ireland. Gerard F Whyte BCL (NUI), LLM (NUI), LL.D. (NUI), BL, MA FTCD (1990), Barrister-at-Law. Gerry Whyte is a Professor in Trinity Law School and a Fellow of Trinity College. Rachael Walsh is an Assistant Professor at the School of Law in Trinity College Dublin, teaching and researching in the areas of property law and theory and constitutional law and theory. She previously worked as a Lecturer in Law at King's College London, and prior to that, as an Adjunct Professor at Trinity College Dublin. David Kenny is an Assistant Professor of Law in Trinity College Dublin, specialising in Constitutional Law.
