Scholarship Bulletin: 2016

The following is a list of scholarship produced on the Irish Constitution during 2016. (It may not be comprehensive; please notify Conor O’Mahony of any omissions and they will be added.) The listing has been limited to publications focusing substantially on the Irish Constitution; publications by Irish scholars that do not contain any substantial reference to Irish constitutional law have been omitted.

Maria Cahill, “Ever Closer Remoteness of the Peoples of Europe? Limits on the Power of Amendment and National Constituent Power” (2016) 75(2) Cambridge Law Journal 245-270

 

Constitutional amendment; sovereignty [Published Version]

[Open Access]

Laura Cahillane, Drafting the Irish Free State Constitution (Manchester: Manchester University Press, 2016)

 

Constitutional history; 1922 Irish Free State Constitution

 

[Publisher website]
Eoin Carolan, “Establishing the Public Interest in Media Publication: The Difficulties with Denis O’Brien v RTÉ” (2016) 55 Irish Jurist 189-198

 

Privacy; Dáil privilege  
Eoin Carolan, “’Leaving behind the Commonwealth model of rights review: Ireland as a model of collaborative constitutionalism” in Marie-Luce Paris & John Bell (eds), Rights-Based Constitutional Review – Constitutional Courts in a Changing Landscape (London: Edward Elgar, 2016)

 

Separation of powers  
Eoin Daly, “Religion as Public Good and Private Choice In Irish Constitutional Doctrine” (2016) 55 Irish Jurist 103-122

 

Religious freedom  
Alan Greene, “Through the Looking Glass? Irish and UK Approaches to Strasbourg Jurisprudence” (2016) 55 Irish Jurist 112-133

 

ECHR  
Andrea Mulligan, “Constitutional Aspects of International Data Transfer and Mass Surveillance” (2016) 55 Irish Jurist 199-208

 

Privacy  
Yvonne Murphy, “The Marriage Equality Referendum 2015” (2016) 31(2) Irish Political Studies 315-330

 

Family; Marriage; referendums [Published Version]
Mr Justice Donal O’Donnell, “Some Reflections on the Independence of the Judiciary in Ireland in 21st Century Europe”(2016) 19 Trinity College Law Review 5-38

 

Judiciary  
Conor O’Mahony, “Falling Short of Expectations: The 2012 Children Amendment, From Drafting to Referendum” (2016) 31(2) Irish Political Studies 252-281

 

Family; children; referendums [Published Version] [Open Access]
Brian Tobin, “Marriage Equality in Ireland: The Politico-Legal Context” (2016) 30 International Journal of Law, Policy and the Family

 

Family; Marriage [Published Version]
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