Now showing 1 - 10 of 43
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      470
  • Publication
    The Influence of Chief Justice Hugh Kennedy on Irish Legal Scholarship and Publishing
    (Irish Jurist, 2020-12-11)
    This article assesses the contribution of Hugh Kennedy, first Attorney General and later first Chief Justice of the Supreme Court, to the development of the Irish legal scholarship. Kennedy was determined to influence the emergence of new legal scholarship for a distinctively Irish legal system. This article examines the books and articles authored by Kennedy himself but also examines those created by other persons that were influenced by him or would not have been published without his assistance. It also examines Kennedy’s contribution to the publication of major sources of Irish law including the establishment of the annual publication of Irish statutes. Kennedy’s influence on the development of Irish law journals is also analysed, including his influence over the revival of the Irish Jurist in 1935. Finally, the article will examine Kennedy’s determination to promote scholarship on the 1922 Constitution of the Irish Free State, including his own plans to write a detailed monograph on this subject. Although Kennedy never had a chance to write this monograph he did exert substantial influence over what would become the leading texts in this area. In particular, he had a powerful influence over Leo Kohn’s "The Constitution of the Irish Free State", a text published in 1932 that is still regularly cited to this day.
      82
  • Publication
    The Privy Council appeal as a minority safeguard for the Protestant community of the Irish Free State, 1922-1935
    (Queen's University Belfast. School of Law, 2012-10)
    This article examines the history of the appeal from the Irish courts to the Judicial Committee of the Privy Council as a purported safeguard for minority rights in the Irish Free State during the inter-war years. It analyses relevant caselaw in this area and attempts to illustrate why the Irish appeal became of central importance to the entire British Commonwealth in this period. Historians tend to ignore the existence of the Privy Council appeal as a significant aspect of inter-denominational relations in the early years of the self-governing Irish State. Other commentators have been content to echo the claims made by the Irish governments of the time to the effect that the overwhelming majority of Southern Protestants did not want this purported safeguard of their rights. This article will challenge both of these positions. The overall objective of this work is not to revive forgotten sectarian controversies but to provide new data on the nature of inter-denominational relations in the years that followed the secession of much of the island of Ireland from the United Kingdom.
      953
  • Publication
    Book review: The Constitution of Ireland: A Contextual Analysis by Oran Doyle
    (Round Hall, 2019-04-30)
    There is a slight possibility that this book might not get the recognition that it deserves in its home country. Some less attentive Irish readers might note its short length and membership of an international series and conclude that this work is nothing more than a brief "nutshell" textbook on Irish constitutional law designed for a non-Irish readership. This would be a terrible blunder based on a misunderstanding of the purpose of the series to which this book belongs.
      366
  • Publication
    Precursors to the Offences Against the State Act – Emergency Law in the Irish Free State
    (Hart, 2021-03-11)
    This chapter examines the most significant emergency measures passed during the lifetime of the Irish Free State (1922 to 1937) that influenced the drafting of the Offences Against the State Act 1939. This examination raises the issue of whether initially controversial provisions produced during the Free State period became ‘normalised’ with the passage of time and with repeated use which, in turn, facilitated their reproduction in the Offences Against the State Act. The second theme of this chapter examines the historical experience of the emergency measures passed during the Free State period. This theme deserves attention because the Offences Against the State Act was not merely influenced by the textual provisions of the emergency measures that preceded it but also by the successes and failures of these measures.
      544
  • Publication
    British involvement in the creation of the constitution of the Irish Free State
    (Round Hall, 2008-11)
    Existing accounts of the British contribution to the drafting of the first Irish Constitution tend to focus exclusively on matters relating to the Anglo Irish Treaty of 1921. This article examines the advice given by the British government on the provisions of the 1922 Constitution that were not directly connected to the demands of the Treaty. The British provided their less experienced Irish counterparts with constructive advice on such diverse matters as the composition of the Irish cabinet, the dissolution of the Dáil, the granting of titles of honour, the use of terminology in the Irish language and on the winding up of the 'Dáil courts'. This article notes that many of the amendments made in these areas were replicated in the present Irish Constitution of 1937. It concludes that this aspect of the British involvement in the drafting of the first Irish Constitution has proved more durable than concerns over many of the symbols of sovereignty that loomed so large in 1922.
      1270
  • Publication
    Law and the Foundation of the Irish State on 6 December 1922
    (Irish Jurist, 2018-03-31) ;
    This article examines the question of the date on which the Irish State came into existence in the context of a number of interrelated legal ambiguities that surround its origins. The nature of these deliberate ambiguities explains how and why it is possible to dispute the date on which the State came into existence. This article also analyses key events and legal instruments from the period of transition that lasted for one year between the signing of the Anglo Irish Treaty on 6 December 1921 to the key date of 6 December 1922.
      315
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      198
  • Publication
    A Single Currency for the British Empire?: A Warning for the Euro
    (History Ireland, 2013)
    Debates concerning the future of the Euro and the recent EU fiscal treaty might seem to be without precedent in Irish and European history. This is not so. Proposals for the creation of currency unions and for dealing with the economic challenges that inevitably follow have been debated for over two millennia. Examples include monetary unions between city states of ancient Greece, the attempts to coordinate the currencies of nineteenth century German states and the Latin Monetary Union that existed in continental Europe between 1866 and 1927.
      156
  • Publication
    Preserving Legal Memory
    (The Dublin Solicitors Bar Association, 2014-12)
    Irish legal history went up in smoke on 30 June 1922. The explosion of munitions and resulting fire at the Irish Public Records Office at Dublin’s Four Courts marked a tragic end to the first act the Irish civil war. One eyewitness to the explosion , the author Ernie O’Malley, described legal documents that dated as far back as the thirteenth century "gyrating in the upper air like seagulls". Partly burnt documents were blown all over the city of Dublin.
      91