Suchergebnisse

The years between 1929 to 1941 were momentous ones for Irish constitutional law, yet to date the striking developments which took place during this period have not been sufficiently explored by either lawyers or historians. This thesis does not pretend to attempt a comprehensive historical account of these developments, but instead seeks to examine certain key events which took place during this period. ; TARA (Trinity?s Access to Research Archive) has a robust takedown policy. Please contact us if you have any concerns: rssadmin@tcd.ie

Studying the Irish Constitutional Law, requires the understanding of how the Irish Political System was evolved. Montesquieu's tripartite system, adopted by the Republic of Ireland is the judiciary[1] has a particular place in the Irish Constitution in articles 34 - 37[2]. The main purpose of this essay is to analyse the balance between the jurisdiction of the Irish Courts in the protection of the constitutional rights of a person accused of a crime and the functioning of the criminal justice system in protecting Society`s general interest. The first section presents a brief summary of the courts functions and the Irish judicial system. The author tries to exam some particular Court`s judgments which are related to the protection individual's rights during their criminal trial or accusation. The author takes into account, in particular, articles 38.1 and 40.4.2 of the Constitution[3]. The functioning of the criminal justice system in the protection of Society`s general interests is the second part of the thesis. Again, the author analyses decisions made by Judges, regarding the limitation of constitutional rights. The aim of this part is to show how individual rights can be limited or suspended in particular circumstances, especially those of public order. Most examples are based on prison law and criminal law. The third and final part of the essay includes possible remedies and the interpretation of results. Here, the author tries to find proper answers for the question: do Irish courts maintain a "delicate and important balance" between the rights of a person accused of a crime and the protection of Society`s general interests. This part includes possible remedies in Constitutional Law, which can by used by the courts. In this thesis, the author has been using research methods identified within the law sciences. Institutional and legal methods were used to interpret acts, constitutional law, and case law. The elements of the decision making methods are acknowledged in chapter two, especially in the analyses process of the Court`s decision. For the possible remedies and the interpretation of results, the author used the sociological method by conducting an analyses of the law in real action – as a social fact. [1] Ch. Montesquieu, The Spirit of the Laws, v. I, Warsaw 1957, p. 244. [2] Bunreacht na hÉireann (Enacted by the People 1st July, 1937), [online:] [http://www.taoiseach.gov.ie/eng/Historical_Information/The_Constitution/February_2015_-_Constitution_of_Ireland_.pdf], acc. 20.02.2016. [3] Ibidem.

PUBLISHED ; In 2015, Ireland became the first country in the world to introduce same-sex marriage by popular referendum. In just 22 years, the country had gone from criminalising sexual activity between men to endorsing same-sex marriage. This result was warmly welcomed by gay rights activists around the world, but some raised concerns over the appropriateness of a referendum as a mechanism for protecting minority rights. One commentator referred to itas an ?indignity,? noting that it was unseemly to put the civil rights of a historically oppressed minority to a popular vote. A proper appraisal of the Irish referendum, however, requires an appreciation its legal and social context. The referendum was held because relevant political actors believed that same-sex marriage required a constitutional amendment, which can only be accomplished by a referendum. The Irish referendum, therefore, cannot be understood as narrowly populist or majoritarian but instead should be seen as part of a consensus-building process required for constitutional amendment. While putting minority votes to a referendum came with costs?most significantly, the public dissection of the private lives of those who stood to benefit from the reform?the required consensus-building also had positive implications for members of the gay community. In short, it produced a much greater level of social acceptance than would likely have been achieved through either judicial or legislative recognition of a right to same-sex marriage. These benefits would likely not have arisen, however, if a referendum had been a choice on the part of political actors rather than a legal necessity. It is therefore unlikely that the Irish experience, whatever its merits, can be straightforwardly translated to other jurisdictions. Nevertheless, the Irish referendum campaign yields some lessons for other activist campaigns for same-sex marriage.In particular, I suggest that the storytelling of gay people?and the responses of their fellow citizens?may have been more significant than the articulation of more public values, such as equality.I begin with a brief account of how gay rights developed in Ireland prior to the movement for marriage equality. I then consider the legal arguments that bore on the questions of whether the Constitution either protected a right of same-sex couples to marry or precluded parliament from legislatively introducing same-sex marriage. I then explore the political moves that led to the 2015 referendum before assessing the key features of the referendum campaign, in both its public and private dimensions. I conclude by reviewing the appropriateness of putting minority right to a referendum, before identifying some lessons for political campaigners that arise from the Irish referendum campaign.