In our final constitutional law lecture this week, we discussed the remedies available for Constitutional Breach. When looking to rectify a breach of a particular right, there are generally two options: Severance: If the rest of the Statute can work without the offending section/words/subsections, the Courts may cut out this piece from the Statute and … Continue reading Finding Legislation Invalid: How does it affect current convictions?
In our Constitutional Law module this week, we discussed the ''education'' provision, which is dealt with in article 42 of the Constitution. We discussed the following issues: Parental Rights in Education The role of the State in providing free education The Right of the Child to Receive Education Special Educational Needs Religion and the Education … Continue reading One of the Irish Constitution’s biggest lies: ”Free Education”
In our jurisprudence module this week, we discussed the concept of feminism. We established a number of different types: Liberal Feminism: This theme created ‘equality of opportunity’ for women. Cultural Feminism: These theorists look at the differences between men and women and view them positively. Radical Feminism: Believe that oppression based on gender is the fundamental … Continue reading Are we only feminists when it suits us?
The importance of the family unit in Irish society has always been obvious to me through studying case law. However, it wasn't until we studied article 41 of the Constitution in our constitutional law module that I noticed how flawed the provision for the family is. The ''family unit'' is ultimately based on marriage, whether … Continue reading The Power that the Family provision has in the Irish Constitution
The rights of the unborn is one of the most controversial topics in Irish Politics at the moment. So when we discussed this topic in our Constitutional law module this week, it was no surprise that it would be a heated discussion. Although I have obviously heard the various arguments about repealing the 8th Amendment, … Continue reading Should we Retain or Replace the 8th Amendment?
The Irish Constitution is at the core of Irish Law. It sets out who we are as a nation and how we should run our country and it provides that all individuals are guaranteed certain fundamental rights. In our Constitutional law module this week, we discussed the topic of unenumerated rights. These are those rights which are … Continue reading Are we plucking up Constitutional Rights from the sky?
Source: AscendGroup.Org Picture the scene.... You're leaving a nightclub in Limerick on Saturday night, in a ossified state. Imagine then that you drunkenly throw a punch at someone and they press charges against you. You are now facing your hearing in the District Court for this offence, along with someone facing the exact same set … Continue reading Judicial Equality… Or Luck of the Draw?
iStockphoto I never had high hopes for my jurisprudence module this semester. It’s one that I don’t have a choice in which usually involves a big likelihood that it’s not going to be the most interesting of modules. But in this case, I was pleasantly surprised that I had been wrong! My preconceived ideas were … Continue reading The difference a good lecturer makes