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Kelly: The Irish Constitution

By: Gerard Hogan, Gerry Whyte, David Kenny, Rachael Walsh
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Published: 31-10-2018
Format: Hardback
Edition: 5th
Extent: 3072
ISBN: 9781784516666
Imprint: Bloomsbury Professional
Dimensions: 248 x 156 mm
RRP: €335.00
Online price : €268.00
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Loren Epson

About Kelly: The Irish Constitution

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.

Table Of Contents

Part 1: Introduction
Chapter 1.1 Introduction
Part 2: Preamble
Chapter 2.1 Preamble
Part 3: The Nation and the State
Chapter 3.1 The Nation
Chapter 3.2 The State
Chapter 3.3 Citizenship
Chapter 3.4 State Property and Finance
Part 4: The Oireachtas
Chapter 4.1 The President
Chapter 4.2 Powers and Functions
Chapter 4.3 Dáil Éireann
Chapter 4.4 Seanad Éireann
Chapter 4.5 Legislation
Part 5: Governance
Chapter 5.1 The Government

Chapter 5.2 Local Government
Chapter 5.3 External Relations
Chapter 5.4 Other Constitutional Organs
Part 6: The Courts
Chapter 6.1 Judicial Function and Independence
Chapter 6.2 The High Court and Judicial Review
Chapter 6.3 The Supreme Court
Chapter 6.4 The Judiciary
Chapter 6.5 Trial of Offences
Part 7: Social and Fundamental Rights
Chapter 7.1 Introduction to Fundamental Rights
Chapter 7.2 Equality
Chapter 7.3 Personal Rights
Chapter 7.4 Liberty
Chapter 7.5 Expression, Assembly and Association
Chapter 7.6 The Family and Education
Chapter 7.7 Private Property
Chapter 7.8 Religion
Chapter 7.9 Directive Principles of Social Policy
Part 8: Constitutional Change and Transition
Chapter 8.1 Amendment and Referenda
Chapter 8.2 Repeal and Continuance
Chapter 8.3 Transitory Provisions


“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.
” –  Dr Tom Hickey, 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.” –  Carol Coulter, The Irish Times

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