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A collection of essays on politics and judicial power in Ireland, featuring contributions from scholars, judges and legal practitioners.

A collection of essays on politics and judicial power in Ireland, featuring contributions from scholars, judges and legal practitioners. -- .

Judges, Politics and the Irish
Constitution

Judges, Politics and the Irish Constitution

Introduction - Laura Cahillane, James Gallen and Tom Hickey
Part I: Judicial power in a constitutional democracy: theoretical foundations 
1. In defence of judicial innovation and constitutional evolution - Fiona de Londras
2. Reappraising judicial supremacy in the Irish constitutional tradition - Eoin Daly
3. Unenumerated personal rights: the legacy of Ryan v. Attorney General - Gerard Hogan 
4. Judges and the idea of 'principle' in constitutional adjudication - Tom Hickey
Part II: Judging in the case of O'Keeffe v. Hickey: analysis and debate
5. O'Keeffe v. Hickey: overview and analysis - James Gallen 
6. The jurisdiction of the European Court of Human Rights and the case of O'Keeffe v. Hickey -Adrian Hardiman 
7. Subsidiarity of ECHR and O'Keeffe v. Ireland: a response to Mr Justice Hardiman - Conor O'Mahony 
Part III: Judges and the political sphere: appointments and dialogue 
8. Judicial appointments in Ireland: the potential for reform - Laura Cahillane 
9. Merit, diversity, and interpretive communities: the (non-party) politics of judicial appointments and constitutional adjudication - David Kenny 
10. Speaking to power: mechanisms for judicial-executive dialogue - John O'Dowd
Part IV: Judges and the Constitution in historical perspective 
11. The Irish Constitution 'from below': squatting families versus property rights in Dublin, 1967-71 - Thomas Murray
12. 'The union makes us strong:' National Union of Railwaymen v. Sullivan and the demise of vocationalism in Ireland - Donal Coffey 
13. Ulster unionism and the Irish Constitution: 1970-1985 - Rory Milhench
14. 'Towards a better Ireland:' Donal Barrington and the Irish Constitution - Tomás Finn 
Part V: Perspectives on the Constitution and judicial power 
15. Administrative action, the rule of law and unconstitutional vagueness - Oran Doyle
16. Article 16 of the Irish Constitution and judicial review of electoral processes - David Prendergast
17. Social and economic rights in the Irish courts and the potential for constitutionalisation - Claire Michelle Smyth
Index

This book presents a new perspective on the debate around legitimacy, politics and constitutional law in Supreme Courts. Moving away from the troubling perception that Supreme Courts are trampling on the wrong side of the law/politics divide, it accepts and defends the critical claim that constitutional law is intrinsically and inescapably politics: in style, substance and outcome. It explains what is involved in that claim and recommends a more nuanced and compelling account than it is caricatured to be. The book proceeds to demonstrate how the legal and judicial process can proceed if the law-is-politics critique is taken seriously. Insisting that it cannot be business as usual, the author offers a series of constructive proposals about how constitutional law and judicial decision-making can continue in anything like their present format and style. Recognising that a more radical approach could be taken to the way in which democracy might re-organise, the book runs with the idea that it is possible to incorporate and accommodate the law-is-politics argument within a governmental system of constitutional democracy that resembles closely what now occurs. In that sense, the book is both critical and constructive as well as principled and pragmatic.

Courts, Constitutions and Politics

Rethinking Legitimacy

Studies in the History of Tax Law, Volume 12

This book is concerned with the practical, ethical and political realities of critical research around state punishment. Based on a series of interviews conducted with researchers within and outside of academia, it aims to capture the personal challenges, ethical dilemmas, practical obstacles, positive rewards and (potential or actual) harmful effects of undertaking critical research concerned with state punishment. It essential reading for undergraduate and postgraduate students of criminology, media, sociology, journalism, film studies, and cultural studies.

This book is concerned with the practical, ethical and political realities of critical research around state punishment. By definition, critical research is a dynamic and political process which recognizes the broad structural contexts within which human action takes place. Critical researchers argue for a more dynamic and reflexive approach to research, and have duties to expose oppressive structures and practices, make audible voices that are habitually silenced, and empower and emancipate marginalized groups and individuals. Based on a series of interviews conducted with researchers within and outside of academia, this book aims to capture the personal challenges, ethical dilemmas, practical obstacles, positive rewards and (potential or actual) harmful effects of undertaking critical research concerned with state punishment. It will also explore the different mediums used to disseminate research findings and how such findings are received by peers, the public and the state.Researching Punishment is essential reading for undergraduate and postgraduate students of criminology, media, sociology, journalism, film studies, and cultural studies.

Critical Reflections

Researching Punishment

A riveting account of how the US criminal legal system punishes millions without conviction--asking us to rethink the freedoms we give up for the illusion of safety.Every encounter with the criminal legal system, from a traffic stop to a day in jail, carries a human cost. This cost rests on a fragile bargain at the heart of our democracy: we give the government power in exchange for protection. But how much of our liberty are we willing to surrender for the promise of safety? In Collateral Damage, attorneys Justin and Zach Brooks take readers on a devastating tour through the criminal legal system, exposing the real-life trade-offs of this false promise. Blending gripping personal stories with legal analysis, they trace the long arc of America's struggle between fear and freedom--from the Red Scare and Japanese American internment to the evolution of criminal procedure, civil forfeiture, and today's extrajudicial killings, offering pragmatic reforms along the way. The result is an eye-opening portrait of a system that punishes millions without ever sending them to prison and a powerful warning to rethink whether the balance we've struck truly reflects the values we claim to hold.

Sacrificing Liberty for Safety in Our Criminal Legal System

Collateral Damage

Code of Federal Regulations, Title 43 Public Lands: Interior

A compilation of federal regulations, the CFRs are an authoritative source of government information representing broad subject areas. Title 43 presents regulations relating to public lands (Bureau of Reclamation), land resource management, minerals management, range management, forest management, recreation programs, technical service (Bureau of Land Management), and administration of special programs (Office of the Secretary of the Interior).

Interior 1000-End

Code of Federal Regulations, Title 43 Public Lands

Routledge Studies in North American Politics

Speaking to wider debates of U.S. foreign policy and grand strategy, its interests and motivations in International Relations and International Political Economy, and processes of regionalism with regard to political-economic integration. NAFTA-land Security present a clear, important and original argument to all those struggling with how best to understand the overall policy aims that drive U.S. thinking, and how they relate to global trends and developments in U.S. foreign policy.

North America is increasingly an integrated economic hub, and Canada and Mexico are important to the U.S. (and vice versa) in terms of energy security, trade, cross-border production, and more. This has made regional security and stability more strategically important than the already high level it had attained through geography. In order to understand North America’s growing strategic significance, we need to take a closer look at U.S. policy within the region. In this book, Paul Ashby examines how U.S. now considers North America, defined regionally as the countries within the North American Free Trade Agreement (NAFTA), as a distinct and strategically important economic and security space. Through closer examination of several policy programs with both Canada and Mexico, Ashby demonstrates how the U.S. is actively constructing a regional, North American security architecture based around, but also operating within NAFTA’s perimeters. He contends that increased regional economic integration and important interdependencies spurred by NAFTA are driving, and that these were given far greater impetus by the events and regional impacts of 9/11. North America’s growing strategic importance to the U.S. has encouraged it to take regional security more seriously. Speaking to wider debates of U.S. foreign policy and grand strategy, its interests and motivations in International Relations and International Political Economy, and processes of regionalism with regard to political-economic integration. NAFTA-land Security present a clear, important and original argument to all those struggling with how best to understand the overall policy aims that drive U.S. thinking, and how they relate to global trends and developments in U.S. foreign policy.

Armoring NAFTA, or Abandoning it?

Contemporary U.S. Approaches to North American Regionalism

What is tradition in American constitutional law, and what is its enduring appeal in American culture? In The Constitution of Practice, Marc O. DeGirolami presents and defends his theory of constitutional law, one rooted in our political, legal, and cultural experience. He argues that constitutional traditions are the ways in which we manifest, give concrete form to, and transmit political excellence across time. He explains how traditions also bind us to one another, strengthening the civic affection necessary to a democratic republic. Responding to several criticisms, the author discusses the relationship of constitutional method and American politics, evaluating traditionalism's political adhesion and its prospects in the coming decades. At a time when Americans increasingly do not trust their institutions, DeGirolami explores how a traditionalist approach to the Constitution can begin to repair the disaffection that many now feel for their legal institutions.

On Law and Tradition

The Constitution of Practice

This book examines how "colorblind" policies perpetuate racial bias by masking the structural and systemic roots of inequality. Leland Ware critically examines the persistence of racial inequality in the United States despite landmark legal advancements, arguing that numerous policies obscure the structural forces that sustain segregation and disparity-particularly in education. Through analysis of the strategic use of racially coded political rhetoric and key Supreme Court rulings, Ware demonstrates how race-neutral frameworks often reinforce, rather than remediate, systemic inequity. For legal scholars, educators, sociologists, and political scientists, this work offers a reinterpretation of civil rights jurisprudence, a framework for addressing de facto segregation, and a vital lens through which to understand how racial resentment continues to shape policy and public discourse.

Colorblind Bias

Policies that Perpetuate Inequality

Anthropology, Law, and Political Morals

Some Versions of Legalism

The Principles of Equity & Trusts

Why the Legal Person Remains a Man

Manning the Law

The goal of security within the supply chain and transportation infrastructure is to effectively mitigate risks while facilitating commerce. Security and business protection measures are at the core of how to maintain consistent and strategic business operations. These expenses are assets that promote reliability to customers, but also serve as

The goal of security within the supply chain and transportation infrastructure is to effectively mitigate risks while facilitating commerce. Security and business protection measures are at the core of how to maintain consistent and strategic business operations. These expenses are assets that promote reliability to customers, but also serve as

Mitigating Threats and Facilitating the Flow of Commerce

Security, Transportation, and the Supply Chain

Judges, Politics and the Irish Constitution

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