Finding Legislation Invalid: How does it affect current convictions?

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?

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One of the Irish Constitution’s biggest lies: ”Free Education”

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”

Are we only feminists when it suits us?

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 Power that the Family provision has in the Irish Constitution

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

Are we plucking up Constitutional Rights from the sky?

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?