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A fascinating look at the lifestyle and values of ancient Ireland Thousands of years ago, Celtic Ireland was a land of tribes and warriors; but a widely accepted, sophisticated and surprisingly enlightened legal system kept society running smoothly. The brehons were the keepers of these laws, which dealt with every aspect of life: land disputes; recompense for theft or violence; marriage and divorce processes; the care of trees and animals. Transmitted orally from ancient times, the laws were transcribed by monks around the fifth century, and what survived was translated by nineteenth-century scholars. Jo Kerrigan has immersed herself in these texts, revealing fascinating details that are inspiring for our world today. With atmospheric photographs by Richard Mills, an accessible introduction to a hidden gem of Irish heritage
The Ireland-Northern Ireland Protocol, part of the Withdrawal Agreement concluded between the European Union and the United Kingdom, is intended to address the difficult and complex impact of Brexit on the island of Ireland, North and South, and between Ireland and Great Britain. It has become an exceptionally important, if controversial, part of the new architecture that governs the relationship between the UK and the EU more generally, covering issues that range from trade flows to free movement, from North-South Co-operation to the protection of human rights, from customs arrangements to democratic oversight by the Northern Ireland Assembly. This edited collection offers insights from a wide array of academic experts and practitioners in each of the various areas of legal practice that the Protocol affects, providing a comprehensive examination of the Protocol in all its legal dimensions, drawing on international law, European Union Law, and domestic constitutional and public law. This title is also available as Open Access.
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. This new edition is fully revised and reflects the substantive changes that have occurred in the 15 years since its last edition and includes expansion and major revision to cover the many constitutional amendments, significant constitutional cases, and developing trends in constitutional adjudication. The recent constitutional changes covered in this new edition include: * 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. * The 36th Amendment allowed the Oireachtas to legislate for abortion. New sections include a look at the impact of the Constitution on substantive criminal law, and a detailed treatment of the impact of Article 40.5, protecting the inviolability of the dwelling, on both criminal procedure and civil law. Other sections have been expanded with in-depth analysis of referendums, challenges to campaigns and results, coverage of Oireachtas privilege, changes in constitutional interpretation, private property rights, and judicial independence. In particular extensive rewriting has taken place on the section dealing with the provisions relating to the courts contained in Article 34 following the establishment of the Court of Appeal and the far-reaching changes to the appellate structure from the 33rd Amendment of the Constitution Act 2013.
Available Open Access under CC-BY licence. Irish law currently permits abortion only where the life of the pregnant woman is at risk. Since 1983, the 8th Amendment to the Constitution has recognised the “unborn” as having a right to life equal to that of the “mother”. Consequently, most people in Ireland who wish to bring their pregnancies to an end either import the abortion pill illegally, travel abroad to access abortion, or continue with the pregnancy against their will. Now, however, there are signs of change. A constitutional referendum will be held in 2018, after which it will be possible to reimagine, redesign, and reform the law on abortion. Written by experts in the field, this book draws on experience from other countries, as well as experiences of maternal medical care in Ireland, to call for a feminist, woman-centered, and rights-based radical new approach to abortion law in Ireland. Directly challenging grounds-based abortion law, this accessible guide brings together feminist analysis, comparative research, human rights law, and political awareness to propose a new constitutional and legislative settlement on reproductive autonomy in Ireland. It offers practical proposals for policymakers and advocates, including model legislation, making it an essential campaigning tool leading up to the referendum.
This collection is the first to concentrate attention on the actual relationship that existed between the Irish population and the state under which they lived from the War of the Two Kings (1689–1691) and the Great Famine (1845–1849). Particular attention is paid to an understanding of the legal character of the state and the reach of the rule of law, addressing such themes as how law was made and put into effect; how ordinary people experienced the law and social regulations; and how Catholics related to the legal institutions of the Protestant confessional state. These themes will help to situate the study of Irish society into the mainstream of English and European social history.
This the fourth edition gives an up-to-date account of the law of evidence in Ireland. The text is of interest to all those working in the Irish legal system, the criminal legal system in particular as well as to policy makers and those studying more general issues related to matters of trial, adjudication and fact-finding in various contexts. It explores the development of a particular Irish dimension to evidence scholarship, which is based on constitutional notions of fairness. In light of the incorporation of the ECHR, this must continue to be influential in this and possibly other jurisdictions. The phenomenon of the Special Criminal Court is considered and ithe Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 is also considered in detail.
For all practitioners of law, a keen and informed understanding of the meaning and interpretation of legislation is the key to professional success. This in-depth guide to statutory interpretation is the only title on the market which deals with the subject from an Irish perspective, giving the practitioner full assistance in understanding and interpreting the meaning of legislation.Comprehensive in its coverage, it's essential reading for everyone who has to administer or advise, argue or adjudicate on statutory instruments.
Maybe you have always had an interest in law, or the Irish Legal System, and just want a manageable book to start you off. Then an introduction to the Irish Legal System is the book for you. Have you ever wanted to know about the law in Ireland but every time you picked up any textbooks or even articles you were completely put off by the terminology.? Were you feeling that you would have to learn a whole new language just to be able to read it, let alone understand it.? Well look no further; my books are compiled so that all of the terminology, rules and principles are explained in plain English, leaving you to enjoy learning about the law in Ireland without the headache of terminology and confounding principles. Welcome to my series of law textbooks for beginners. When you first start reading law, the terminology (wording), doctrines (procedural steps, or tests) or principles (rules) can be overwhelming. This book has been compiled to give you a baseline introduction to the Irish Legal System, "the bones" you could call it, it is not intended to be a complete breakdown of Administrative and Constitutional law. It is a great starter book for those who are new to the subject of Irish law. This book covers topics such as the Irish court system, organs of state, legislative processes, lawyers, the common law, legislation, the European Union, human rights, legal theory, constitutional law and jurisprudence.