Judges, Politics and the Irish Constitution

Laura Cahillane is a Lecturer in the School of Law at the University of Limerick, James Gallen is a Lecturer in Law in the School of Law and Government at Dublin City University, Tom Hickey is a Lecturer in Law in the School of Law and Government at Dublin City University

• Introduction - Laura Cahillane, James Gallen and Tom HickeyPart I: Judicial power in a constitutional democracy: theoretical foundations 1. In defence of judicial innovation and constitutional evolution - Fiona de Londras2. Reappraising judicial supremacy in the Irish constitutional tradition - Eoin Daly3. Unenumerated personal rights: the legacy of Ryan v. Attorney General - Gerard Hogan 4. Judges and the idea of 'principle' in constitutional adjudication - Tom HickeyPart II: Judging in the case of O'Keeffe v. Hickey: analysis and debate5. 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'DowdPart IV: Judges and the Constitution in historical perspective 11. The Irish Constitution 'from below': squatting families versus property rights in Dublin, 1967-71 - Thomas Murray12. '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 Milhench14. '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 Doyle16. Article 16 of the Irish Constitution and judicial review of electoral processes - David Prendergast17. Social and economic rights in the Irish courts and the potential for constitutionalisation - Claire Michelle SmythIndex

‘Each chapter contains much of note. Dublin City University’s school of law and government and Manchester University Press have done a great public service by preparing and bringing out this excellent book. It will be read by anyone with an interest in how the judicial power of the State should function in a modern democracy.’Mr Justice Richard Humphreys is a judge of the High Court, The Irish Times April 2017‘It is a highly readable collection containing contributions from Ireland’s leading voices on the Constitution that will be of interest to lawyers, historians, political scientists and the general reader alike.’Alan Greene, Durham University, Irish Jurist