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Kelly: The Irish Constitution

Kelly: The Irish Constitution

Gerard Hogan, Gerry Whyte, David Kenny, Rachael Walsh

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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.

Since the last edition: 

  • 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.

These Amendments have led to a plethora of cases, all of which are covered in detail in this new edition.

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

Additional Information

Author Gerard Hogan, Gerry Whyte, David Kenny, Rachael Walsh
Publisher Bloomsbury Professional
Publication date 2 Nov 2018
Format Hardback
ISBN/EAN 9781784516666

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