[PDF] Echr And Irish Law eBook

Author : Ursula Kilkelly
Publisher : Jordan Publishing (GB)
Page : 436 pages
File Size : 33,47 MB
Release : 2004
Category : Law
ISBN :

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ECHR and Irish Law is a major new work examining the likely impact of the European Convention on Human Rights Act 2003 on Irish law. The work begins with a discussion of the way in which the ECHR has been incorporated into Irish law and compares this with other models, including the UK, and examines the possibilities as well as limitations of this particular form of incorporation. The ways in which the Act will operate in practice and the remedies available for breach are examined in detail. There follows an examination of the likely effect of the new Act upon individual areas of Irish law, examining the current compatibility of existing structures and the possibilities for raising Convention issues in these areas. Individual areas of law covered in this new book include: refugee law; child and family law; detention and custody; discrimination; criminal law; privacy and the media; and property, housing and environment. Written by a team of leading experts in their respective fields, ECHR and Irish Law provides an authoritative account of the incorporation of the ECHR and the likely impact on Irish Law, with a detailed analysis of relevant ECHR case law.

Author : Suzanne Egan
Publisher : Bloomsbury Professional
Page : 0 pages
File Size : 30,39 MB
Release : 2014-10-31
Category : Law
ISBN : 9781780434728

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The book 2013 marks the 60th anniversary of Ireland's ratification of the European Convention on Human Rights and the 10th anniversary of the Convention's incorporation into domestic law, by means of the ECHR Act 2003. It contains a wealth of essays and articles by leading experts which examine Ireland's engagement with the European Convention on Human Rights at international level down through the years as well as the extent to which the case law of the European Court of Human Rights has influenced domestic human rights law and administrative action through the vehicle of the 2003 Act. It analyses current Strasbourg jurisprudence on key issues and project its likely implications on law and policy in the Contracting States, with particular reference to Irish domestic law. The book addresses the difficult questions that arise for judges in both jurisdictions following the constitutionalisation of the European Union's Charter of Fundamental Rights in 2009 and the revised agreement of the EU's accession to the ECHR. The impact of the ECHR in Irish law is a particularly rich subject for analysis, given the strong tradition of rights review by the Irish judiciary in interpreting the fundamental rights guarantees in the Irish Constitution. While the Irish statute is superficially similar to the Human Rights Act in the United Kingdom, the context in which it operates is radically different, given the pre-eminent role of the Irish Constitution in shaping domestic human rights law. As well as outlining the specific domestic context in which the ECHR operates in Ireland, the book also includes comparative insights from the United Kingdom context as to the impact of the Human Rights Act to date in that jurisdiction. Additional themes of the book include the development of ECHR jurisprudence and its effects in the domestic setting on asylum, immigration, criminal justice, children, mental health patients, gender recognition and the limits and potential of the ECHR as regards combating poverty.

Author : Brian Doolan
Publisher : Routledge
Page : 431 pages
File Size : 17,15 MB
Release : 2019-06-11
Category : Law
ISBN : 1351791516

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This title was first published in 2001. The case of Lawless v Ireland is a landmark in the development of human rights jurisprudence. Stemming from the introduction of detention without trial by the Irish government in response to the resurgence of political violence, much of the material relevant to the case brought before the European Court of Human Rights, has remained closed to public scrutiny. This book is the first to provide a detailed documentary of the case, assessing the adequacy of the investigatory processes provided under the European Convention and questioning whether the factual conclusions reached by the European Commission on Human Rights were correct. In what will be an essential reference for academics and students of human rights, the book raises doubts as to whether the Strasbourg institutions, established to rectify national breaches of human rights, might in fact have perpetrated an international miscarriage of justice.

Author : Elaine Dewhurst
Publisher :
Page : 0 pages
File Size : 44,62 MB
Release : 2012
Category : Human rights
ISBN : 9781905536504

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As part of the successful "Principles" series, Clarus Press has published Principles of Irish Human Rights Law: the first student textbook in Ireland dedicated to the direct comparison of the Irish and European systems for the protection of human rights. Designed and written specifically for students of human rights law, the book discusses and analyzes each key 'human right' in turn. Each right is examined through the three primary human rights instruments: the Irish Constitution, the European Convention on Human Rights (ECHR), and the Charter of Fundamental Rights. Each instrument is examined and explained, giving an overview of the particular right, discussing and analyzing in which situations that the right is engaged, and including an examination of situations which constitute an interference with the right and what justifications may arise for such interferences. Principles of Irish Human Rights Law examines the often-neglected area of procedural issues, including the initial application of human rights instruments in Ireland, together with their territorial and extra-territorial jurisdiction. In addition, the book looks at the effect of the Charter of Fundamental Rights together with the future of the Irish Constitution and the ECHR. This book is a must for all students of human rights law and related subjects. It will also be an invaluable resource for all lawyers requiring a reference to human rights issues as a comprehensive yet accessible text aiding clearer understanding of the application of human rights in Ireland.

Author : Bríd Moriarty
Publisher : Oxford University Press, USA
Page : 481 pages
File Size : 24,85 MB
Release : 2012-08-09
Category : Law
ISBN : 0199652074

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Human Rights Law provides thorough coverage of human rights issues, offering a practical text for trainee solicitors and practitioners in Ireland. This fourth edition has been fully updated to cover recent developments in the field.

Author : Elaine Fahey
Publisher :
Page : 0 pages
File Size : 45,61 MB
Release : 2010
Category : International and municipal law
ISBN : 9781905536306

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In the Irish legal order, there is a rapid increase in the amount of case law on European Union law. This book analyzes the key case laws, texts, and commentaries in a diversity of EU law-related subject areas, and it provides an up-to-date and comprehensive collection of materials on EU law. The standard published texts in EU law do not include any materials as to the Irish legal order, and research considering the operation of EU law in the national courts has frequently excluded data as to Ireland on the basis of a paucity of case law. However, in recent years, there has been a major increase in case law in this area from the Irish Superior Courts and a large increase in EU Regulations and Directives in Irish law. A collection of key case law and materials is now a timely one. A mini-schedule of relevant primary legislation and constitutional texts are included in the book, which will be of major interest to students, academics, practitioners, and government/public servants.

Author : Cian C. Murphy
Publisher :
Page : 0 pages
File Size : 14,47 MB
Release : 2013
Category :
ISBN :

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This paper critically examines the operation of European Union (EU) law and the European Convention on Human Rights (ECHR) in Ireland and the UK. Ireland has a colourful history in both the EU and ECHR. Since its accession in 1973, Ireland has provided the EU with both legal and constitutional challenges. Furthermore, while it only transposed the Convention into domestic law in 2003, Ireland offered the European Court of Human Rights (ECtHR) its first case, one of its few interstate cases, and the opportunity to offer its most recent thoughts on the relationship between EU law and the ECHR. The UK's relationship with the EU has been fraught with acrimony. Similarly, despite the leading role played by Britain in the Council of Europe, the eventual implementation of the ECHR in British law in 1998 has been portrayed as European interference with the UK legal system. Nonetheless, the peculiar nature of the UK legal system and its interaction with both EU and ECHR law makes for an interesting case study. This report critically compares Irish and British implementation of European law. Section 2 examines the legal effects of EU membership in the two jurisdictions. Section 3 considers Irish and UK membership of the ECHR and implementation of the Convention in the domestic law of the two states. In section 4, judicial application of European law in the two jurisdictions is critically compared. Section 5 draws the various strands together to conclude that Irish and British implementation of both forms of European law remains idiosyncratic. While European law has undoubtedly affected the two legal systems, its influence continues to be filtered through the unique constitutional arrangements of the two states.