209 research outputs found
Constitutional Futures Podcast: Episode 15
No full textIn this episode, Prof Colin Harvey speaks with Oran Doyle.Oran Doyle is Professor in Law at Trinity College Dublin. He also holds a dual appointment as a research professor at the Academia Sinica in Taipei. Prof Doyle is an expert in comparative constitutional law, with a particular focus on the issues of constitutional amendment, territory and Irish unification. He is the author of 'The Irish Constitution: A Contextual Analysis' and (with Tom Hickey) 'Constitutional Law: Text, Cases and Materials'. Prof Doyle is a regular contributor to public debates on issues of constitutional law in Ireland
Constitutional Futures Podcast: Episode 15
No full textIn this episode, Prof Colin Harvey speaks with Oran Doyle.Oran Doyle is Professor in Law at Trinity College Dublin. He also holds a dual appointment as a research professor at the Academia Sinica in Taipei. Prof Doyle is an expert in comparative constitutional law, with a particular focus on the issues of constitutional amendment, territory and Irish unification. He is the author of 'The Irish Constitution: A Contextual Analysis' and (with Tom Hickey) 'Constitutional Law: Text, Cases and Materials'. Prof Doyle is a regular contributor to public debates on issues of constitutional law in Ireland
The Constitutional Tensions of Brexit
No full textThe constitutional upheavals occasioned by Brexit can, at one level, be attributed to the way in which the EU referendum was conceived and conducted: the party political rather than constitutional motivation for the referendum; the relatively short and poor quality referendum campaign; the failure to take seriously the implications of a territorially divided result; the lack of planning for how withdrawal would be implemented; and the narrowness of the majority in favour of Leave. These weaknesses may have contributed to a significant absence of ‘losers’ consent’ amongst Remain voters, as well as a lack of realism about the choices and compromises that would need to be made in order to secure a withdrawal agreement. But these essentially procedural factors, important as they were, reflected and exacerbated much deeper tensions within the UK constitutional order. In this introductory chapter, we explore these deeper tensions, identifying four key sources of constitutional unease which have been exposed by Brexit: first, the UK’s fraught relationship with the European Union; second, strained territorial relations within the UK; third, Ireland’s complex relationship with the UK and the contested position of Northern Ireland; and, fourth, developing institutional tensions at the core of the UK constitution
Populism: A health check for constitutional democracy?
No full text“Populism” appears everywhere: a frequently proffered assessment—or perhaps diagnosis—of constitutional systems around the world. Both its supporters and opponents emphasise its newness. But its physiognomy, causes, and impact on legal orders and institutions are a matter of deep controversy. In a few words, its contours and core components adapt to different constitutional settings. Populist forces back a variety of agendas, which often overlap in a more rhetorically than concrete way.
The authors of this issue divide themselves among opponents to populism and moderately optimistic observers. In this respect, populism has probably become a catalyst both for its supporters and detractors. Populism identifies through ideas that rally increasing number of discontents. But also opponents identify as populists the perceived threats to liberal democracy as they understand them. Defining populism has not simply proven to be a Sysyphean task; it has also showed that it is all but easy to pin down what a liberal democracy is made of. Contemporary debates about the fate of democracy need to abandon metaphysics for a more realistic, down-to-earth approach that is sensitive of the specificities of
each constitutional setting
Yvonne Scannel et Robert Cannon, Martin Clarke, Oran Doyle, « The Habitats Directive in Ireland », 1999
No full textMakowiak Jessica. Yvonne Scannel et Robert Cannon, Martin Clarke, Oran Doyle, « The Habitats Directive in Ireland », 1999. In: Revue Européenne de Droit de l'Environnement, n°2, 2000. p. 243
Administrative action, the rule of law and unconstitutional vagueness
No full textOran Doyle’s chapter argues that more needs to be done to instantiate the rule of law ideal: administrative action potentially undermines the rule of law, since individuals may have no opportunity to tailor their activities to legally binding directives before they are issued. The chapter notes that there are tentative indications in the case law that the courts may recognise a new constitutional doctrine constraining legislative grants of administrative power. Doyle critically assesses the emergence of this doctrine and seek to influence its development, disentangling it from a confusing association with the rule against the delegation of legislative power. Notwithstanding the absence of any clear textual basis, the chapter argues that recognition of this doctrine would be a legitimate exercise of judicial power.</p
Mr. and Mrs. Oran Mills
No full textPhotograph - Oran Mills and his wife in front of their house on their farm near Westlock, Albert
Law and Justice in Community: The Significance of the Living Law
No full textLaw and Justice in Community provides an account of law that privileges the role of custom, which the authors characterise as the living law. In this paper, I argue that the authors' account of law observes the same features as those observed by Hart in his Concept of Law. However, Hart viewed all law through the lens of state law, with the result that he did not identify the purpose of law. Conversely, Barden and Murphy view all law through the lens of the living law, with the result that they do not identify some of the most acute issues raised by pervasive state law. Ultimately, each account is helpful as a corrective to the other
The sovereignty of the Irish People
No full textTHESIS 10615My research addresses the question of what role the People play in the Irish constitutional order. This leads to several related enquiries, the most substantive of which is an examination of the doctrine of popular sovereignty as it exists in Irish constitutional law. I researched this thesis conservatively by 21st century standards, using electronic and physical copies of textbooks and journal articles from a number of disciplines as well as textbooks and journal articles that were themselves interdisciplinary. I made very extensive use of the wide variety of materials available from both subscription and open-access online repositories
Constitutional standards of review in Ireland and Canada : comparison and evaluation
No full textTHESIS 10296This thesis is a comparative, critical analysis of standards of review for legislative limitations of constitutional rights, its primary focus is on Ireland, though Canada is also discussed in detail. It compares Irish and Canadian law, as they use a facially identical standard of review. It uses extensive theoretical analysis to inform critical analysis of the case-law in each jurisdiction. It concludes by bringing together both of these elements to draw conclusions about international standards of review and their incorporation into different legal systems, and finally to make constructive suggestions about the best standard of review for Ireland
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