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This book presents a political understanding of socio-economic rights by contextualising constitution-makers' and judges' decision-making in terms of Ireland's rich history of people's struggles for justice 'from below' between 1848 and the present. Its theoretical framework incorporates critical legal studies and world-systems analysis. It performs a critical discourse analysis of constitution-making processes in 1922 and 1937 as well as subsequent property, trade union, family and welfare rights case law. It traces the marginalisation of socio-economic rights in Ireland from specific, local and institutional factors to the contested balance of core-peripheral and social relations in the world-system. The book demonstrates the endurance of ideological understandings of state constitutionalism as inherently neutral between interests. Unemployed marches, housing protestors and striking workers, however, provided important challenges and oppositional discourses. Recognising these enduring forms of power and ideology is vital if we are to assess critically the possibilities and limits of contesting socio-economic rights today.
A comparative analysis 'from below' of attempts to constitutionalise socio-economic rights in Ireland from 1848 rebellions to present day protests.
Ireland has enjoyed continuous democratic government for almost a century, an unusual experience among countries that gained their independence in the 20th century. But the way this works in practice has changed dramatically over time. Ireland's colonial past had an enduring influence over political life for much of the time since independence, enabling stable institutions of democratic accountability, while also shaping a dismal record of economic under-development and persistent emigration. More recently, membership of the EU has brought about far-reaching transformation across almost all aspects of Irish life. But if anything, the paradoxes have only intensified. Now one of the most open economies in the world, Ireland has experienced both rapid growth and one of the most severe crashes in the wake of the Great Recession. On some measures Ireland is among the most affluent countries in the world, yet this is not the lived experience for many of its citizens. Ireland is an unequivocally modern state, yet public life continues to be marked by formative ideas and values in which tradition and modernity are held in often uneasy embrace. It is a small state that has ambitions to leverage its distinctive place in the Atlantic and European worlds to carry more weight on the world stage. Ireland continues to be deeply connected to Britain through ties of culture and trade, now matters of deep concern in the context of Brexit. And the old fault-lines between North and South, between Ireland and Britain, which had been at the core of one of Europe's longest and bloodiest civil conflicts, risk being reopened by Britain's new hard-edged approach to national and European identities. These key issues are teased out in the 41 chapters of this book, making this the most comprehensive volume on Irish politics to date.
There is no precedent to the current economic crisis which looks set to redefine social policy debate throughout the globe. But its effects are not uniform across nations. Bringing together a range of expert contributions, the key lesson to emerge from this book is that 'the crisis' is better understood as a variety of crises, each mediated by national context. Consequently, there is an array of potential trajectories for welfare systems, from those where social policy is regarded as incompatible with the post-crisis economy to those where it is considered essential to future economic growth and security.
Politics in the Republic of Ireland is now available in a fully revised sixth edition. Building on the success of the previous five editions, it continues to provide an authoritative introduction to all aspects of the government and politics in the Republic of Ireland. Written by some of the foremost experts on Irish politics, it explains, analyses and interprets the background to Irish government and contemporary political processes. It devotes chapters to every aspect of contemporary Irish government and politics, including the political parties and elections, the constitution, the Taoiseach and the governmental system, women and politics, the role of parliament, and Ireland’s place within the European Union. Bringing students up to date with the very latest developments, especially with the upheaval in the Irish party system, Coakley and Gallagher combine substance with a highly readable style, providing an accessible textbook that meets the needs of all those who are interested in knowing how politics and government operate in Ireland.
The second of two volumes, this book situates the drafting of the Irish Constitution within broader transnational constitutional currents. Donal K. Coffey pioneers a new method of draft sequencing in order to track early influences in the drafting process and demonstrate the importance of European influences such as the German, Polish, and Portuguese Constitutions to the Irish drafts. He also analyses the role that religion played in the drafting process, and considers the new institutions of state, such as the presidency and the senate, tracing the genesis of these institutions to other continental constitutions. Together with volume I, Constitutionalism in Ireland, 1932–1938, this book argues that the 1937 Constitution is only explicable within the context of the European and international trends which inspired it.
Transitional justice has become the principle lens used by countries emerging from conflict and authoritarian rule to address the legacies of violence and serious human rights abuses. However, as transitional justice practice becomes more institutionalized with support from NGOs and funding from Western donors, questions have been raised about the long-term effectiveness of transitional justice mechanisms. Core elements of the paradigm have been subjected to sustained critique, yet there is much less commentary that goes beyond critique to set out, in a comprehensive fashion, what an alternative approach might look like. This volume discusses one such alternative, transformative justice, and positions this quest in the wider context of ongoing fall-out from the 2008 global economic and political crisis, as well as the failure of social justice advocates to respond with imagination and ambition. Drawing on diverse perspectives, contributors illustrate the wide-ranging purchase of transformative justice at both conceptual and empirical levels.
What do equality, dignity and rights mean in a world where eight men own as much wealth as half the world's population? Contesting World Order? Socioeconomic Rights and Global Justice Movements examines how global justice movements have engaged the language of socioeconomic rights to contest global institutional structures and rules responsible for contributing to the persistence of severe poverty. Drawing upon perspectives from critical international relations studies and the activities of global justice movements, this book evaluates the 'counter-hegemonic' potential of socioeconomic rights discourse and its capacity to contribute towards an alternative to the prevailing neo-liberal 'common sense' of global governance.
This book addresses the different forms of austerity, contestation and resistance, in order to understand how they relate to one another and the impact they have on the democratic quality of public debates, the trust in public institutions and the legitimacy of law. Contestation of austerity includes not only traditional activism strategies such as human rights litigation and direct democracy instruments, but also new forms of collective action and collaborative resistance. Most importantly, many of the new anti-austerity initiatives also aim to renovate existing modes of democratic decision-making on the European, national, regional and local levels. The book focuses on different types of contesting austerity measures and the interaction between institutional and civil society actors. It will enhance understanding of how the various actors frame not only their goal but also the underlying social conflict to contest austerity and through which means they try to achieve political and legal changes. With 16 chapters written by contributors from Spain, Germany, Greece, Portugal and the UK, the book approaches 3 crucial areas of austerity policies: cuts in payment and pensions, labour law reform, and old and new poverty. In each field, the contributors analyse the processes of decision-making and contestation from 3 perspectives: institutions, democratic theory and societal responses.
This book examines the jurisprudence of the Supreme Court of Ireland since its creation in 1924. It sets out the origins of the Court, explains how it operated during the life of the Irish Free State (1922-1937), and considers how it has developed various fields of law under Ireland's 1937 Constitution, especially after the 're-creation' of the Court in 1961. As well as constitutional law, the book looks at the Court's views on the status and legal system of Northern Ireland, administrative law, criminal justice and personal and family law. There are also chapters on the Supreme Court's interaction with European Union law and with the European Convention on Human Rights. The argument throughout is that, while the Court has been well served by many of its judges, who on occasion have manifested a healthy degree of judicial activism, there are still several legal fields in which the Court has not developed its jurisprudence as clearly or as imaginatively as it might have done. It has often displayed undue conservatism and deference. For many years its performance was hampered by its extreme workload, generated by its inability to control the number of appeals brought to it. However, the creation of a new Court of Appeal in 2014 has freed up the Supreme Court to act in a manner more analogous to that adopted by supreme courts in other common law countries. The Court's future looks bright.