This volume brings together academics and judges to consider ideas and arguments flowing from the often complex relationships between law and politics, adjudication and policy-making, and the judicial and political branches of government. Contributors explore numerous themes, including the nature and extent of judicial power, the European Court of Human Rights decision in O'Keeffe v Ireland, the process of appointing judges and judicial representation, judicial power and political processes. Contrasting judicial and academic perspectives are provided on the role of the European Court of Human Rights and the nature of exhausting domestic remedies, including a contribution from the late Mr. Justice Adrian Hardiman. The role of specific judges, social and political disputes and case law are examined and socio-economic rights, the rule of law and electoral processes are all addressed. -- .

Drafting the Irish Free State Constitution challenges the myths surrounding the Irish Free Constitution by analysing the document in its proper historical context, by looking at how the Constitution was drafted and elucidating the true nature of the document. It examines the reasons why the Constitution did not function as anticipated and investigates whether the failures of the document can be attributed to errors of judgement in the drafting process or to subsequent events and treatment of the document. As well as giving a comprehensive account of the drafting stages and an analysis of the three alternative drafts for the first time, the book considers the intellectual influences behind the Constitution and the central themes of the document. This work constitutes a new look at this historic document through a legal lens and the analysis benefits from the advantage of hindsight as well as from the fact that the archival material is now available. -- .

This volume brings together academics and judges to consider ideas and arguments flowing from the often complex relationships between law and politics, adjudication and policy-making, and the judicial and political branches of government. Contributors explore numerous themes, including the nature and extent of judicial power, the European Court of Human Rights decision in O'Keeffe v Ireland, the process of appointing judges and judicial representation, judicial power and political processes. Contrasting judicial and academic perspectives are provided on the role of the European Court of Human Rights and the nature of exhausting domestic remedies, including a contribution from the late Mr. Justice Adrian Hardiman. The role of specific judges, social and political disputes and case law are examined and socio-economic rights, the rule of law and electoral processes are all addressed. -- .

Drafting the Irish Free State Constitution challenges the myths surrounding the Irish Free Constitution by analysing the document in its proper historical context, by looking at how the Constitution was drafted and elucidating the true nature of the document. It examines the reasons why the Constitution did not function as anticipated and investigates whether the failures of the document can be attributed to errors of judgement in the drafting process or to subsequent events and treatment of the document. As well as giving a comprehensive account of the drafting stages and an analysis of the three alternative drafts for the first time, the book considers the intellectual influences behind the Constitution and the central themes of the document. This work constitutes a new look at this historic document through a legal lens and the analysis benefits from the advantage of hindsight as well as from the fact that the archival material is now available. -- .

The methodological approach and methods used in any particular research project are key to its success. In Legal Research Methods: Principles and Practicalities (Clarus Press, 2016), the contributors assessed the relative utility of a variety of methods and methodologies in the context of legal research generally. Taking a case studies approach, contributors to this text have written about the methods used in a particular piece of research, outlining the justification for the choice of that methodology; describing the methods used; detailing the advantages, disadvantages and challenges to the approach taken; discussing any ethical considerations that arose in the context of the research; reflecting on the approach taken; and concluding with advice to scholars engaging with similar methods or methodologies. Each chapter is structured in the same way in order to allow for ease of comparison between the approaches taken.

The transition from undergraduate study to postgraduate study in law has traditionally been somewhat seamless: students are typically enculturated into the discipline of law, and have engaged in a variety of writing and research exercises throughout their undergraduate degree. However, the nature of legal research is changing dramatically, with more emphasis being put on how we are researching, rather than what we are researching. Undergraduate students are increasingly engaging in primary research as part of their degree, and typically borrow from other disciplines to do so. The reason for this is that, to date, there has been little importance placed on research methods in law. This book aims to rectify this in a manner which is suitable for students, not only in Ireland but internationally. Legal Research Methods: Principles and Practicalities is tailored to the needs of researchers in examining varying methodological approaches from a practical perspective. In addition to the principal approaches now commonly used in legal research (the doctrinal method; the socio-legal method; the historical method; and the comparative method) issues such as participatory and community-based research, as well as empirical methods, are examined by leading experts in their fields in a critical but clear manner. The book outlines the various types of methodologies, with authors drawing on their own experiences and expertise to examine the benefits and pitfalls involved in each method. This allows the reader to determine the usefulness of any method to their own research, and aids them in employing these methods and avoiding any pitfalls. [Subject: Legal Research Methods]A?A?A?A?