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Ireland's Evolving Constitution 1937-1997

Collected Essays

Editor(s): Tim Murphy, Patrick Twomey
Media of Ireland's Evolving Constitution 1937-1997
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Published: 01-06-1998
Format: Paperback
Edition: 1st
Extent: 416
ISBN: 9781901362176
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £59.99
Online price : £53.99
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About Ireland's Evolving Constitution 1937-1997

To mark the sixtieth anniversary of the Constitution of the Republic of Ireland, this important collection of essays includes a wide range of contributions on the most significant aspects of Irish constitutional law and jurisprudence. In addition to political and legal commentators, leading academics in the fields of philosophy, history and political geography assess the history and future of the Constitution from the perspectives of their particular disciplines. The resulting blend of arguments offers a serious and sometimes controversial set of insights into the changing role of the constitution in light of social and political change in Ireland over the past 60 years. The overall result is a detailed contextual analysis of Ireland's basic law aimed at a readership interested in the Irish Constitution and constitutional matters generally.


Garrett Barden, Dr. Noel Browne, Professor Tony Carty, Bozena Cierlik, Desmond Clarke, Michael Cronin, Dolores Dooley, Garret Fitzgerald, Leo Flynn, Adrian Hunt, Stephen Livingstone, Irene Lynch, Frank Martin, David Gwynn Morgan, Siobhán Mullally, Tim Murphy, John A. Murphy, Dr. Siofra O'Leary, Dr. Paul O'Mahony, Brendan Ryan, Niamh Nic Shuibhne, Patrick Twomey, Anthony Whelan, Gerry Whyte.

Table Of Contents

Tim Murphy and Patrick Twomey

1. Discovering a Constitution
Garrett Barden

2. The 1937 Constitution-Some Historical Reflections
John A. Murphy

3. The Irish Constitution in Its Historical Context
Garret Fitzgerald

4. Church and State in Modern Ireland
Noel Browne

5. Some Reflections on the Role of Religion in the Constitutional Order
Gerry Whyte

6. Education, the State and Sectarian Schools
Desmond M. Clarke

7. The Family in the Constitution-Principle and Practice
Frank Martin

8. The Irish Constitution, International Law and the Northern Question-The Need for Radical Thinking
Anthony Carty

9. Judicial Activism-Too Much of a Good Thing
David Gwynn Morgan

10. Gendered Citizenship in the Irish Constitution
Dolores Dooley

11. To Be an Irish Man-Constructions of Masculinity within the Constitution
Leo Flynn

12. Equality Guarantees in Irish Constitutional Law-The Myth of Constitutionalism and the “Neutral State”
Siobhán Mullally

13. Economic Inequality and the Constitution
Tim Murphy

14. The Constitution and Criminal Justice
Paul O'Mahony

15.Freedom of Expression-Talking about the Troubles
Patrick Twomey

16. Lawyers and Unions-The Right to Freedom of Association in the Irish Constitution
Irene Lynch

17. Information, Justice and Power
Brendan Ryan

18. Bunreacht na hEireann and the Polish “April Constitution”
Bozena Cierlik

19. The Constitution, the Courts and the Irish Language
Niamh Nic Shuibhne

20. This Side of Paradise-The Constitution and the Irish Language
Michael Cronin

21. National Sovereignty in the European Union
Anthony Whelan

22. The Reciprocal Relationship Between Irish Constitutional Law and the Law of the European Communities
Síofra O'Leary

23. Politics Beyond Parties and the Irish Constitution
Stephen Livingstone

24. Evaluating Constitutions-The Irish Constitution and the Limits of Constitutionalism
Adrian Hunt


“It is an enormous pleasure to welcome this first-class collection of essays on Ireland's fascinating, endlessly controversial, but doggedly durable constitution....The editors of this volume have had the brilliant idea of hanging their collection on the sixtieth anniversary of the adoption of Bunreacht na hEireann. Their choice of contributors is particularly to their credit, since it reflects very well the breadth and range of modern Irish constitutional studies. We have essays from an historian.., a comparativist..., and a philosopher.., as well as three stimulating pieces from erstwhile and contemporary practitioners of politics, to remind us that even under a written constitution the government must not become the intellectual property of the lawyers.... So who should read this book? The obvious answer is students of Irish constitutional law. But clearly it will also be immensley valuable to the comparativist, who seeks an intelligent and stimulating rather than a rigidly black-letter introduction to a constitutional system of which he or she desires to know more.” –  Conor Gearty, Cambridge Law Journal

“…this collection deserves to be purchased by every lawyer with even a passing interest in Irish constitutional law.” –  Gerard Hogan, The Bar Review

“Many of these essays...are so interesting and well written that they deserve not a short review, but a long monograph by way of response.” –  Gerard Hogan, Legal Studies

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