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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?
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