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In this monograph, Gerry Whyte defends the constitutional and political legitimacy of litigation in relation to socio-economic rights. He also evaluates the effectiveness of litigation in obtaining improved state support for a number of marginalised groups.
In the heart of the Ten Thousand Islands/Everglades National Park region lies the small town of Mangrove Bayou. Troy Adam, mixed-race, ex-Army, and northern-born, was fired from his job as a Tampa cop, but has been reluctantly hired by the town council, on probation, as Mangrove Bayou’s new police chief. After surviving a hurricane and solving a crime involving the death of a local citizen, Adam had hoped his employers would view him differently. Unfortunately, they still view him as “soft and squishy on the inside.” This all changes when a college student on vacation goes missing. Adam has to deal with overwhelming press attention, a town council doubtful that he can solve the crime, and a powerful judge. Can Adam solve the case on his own terms and finally prove his merit without giving in to his ruthless side?
In 1991, the people of Ireland elected Mary Robinson, a women's rights crusader who supported legalized birth control and divorce, as their president. The country seemed poised for massive social and legal change, but it became apparent that even though Ireland at the dawn of the 21st century would be very different from the Ireland of the past, many fundamentals would remain the same. This book examines Irish abortion and divorce law in their historical, religious, and cultural contexts. Its main focus is on the well-publicized referenda and court cases of the 1980s and 1990s, with special attention given to their roots and potential long-term effects on the communitarian Irish culture and opportunities for Irish women. The author identifies and discusses three forces that have affected Irish law and mores, especially those relating to abortion and divorce: economic insecurity; a sense of group loyalty and identification, particularly within families and churches; and Catholic teaching about the common good.
This collection of essays highlights the many problems and challenges facing human rights law today. Bringing together academics, practitioners and NGOs, it examines some of the contemporary challenges facing human rights law and practice in England, Northern Ireland, the Republic of Ireland, France and America. It is clear that we live in a time where human rights are in crisis. A decade of austerity measures at the domestic, regional and international levels evidently has had a detrimental effect on the protection of human rights. Cuts to social spending have resulted a failing social welfare system, a health service buckling under pressure, unprecedented rises in homelessness and child po...
A large-scale comparative work of leading cases examines judicial constitutional reasoning in eighteen different legal systems globally.
A comparative analysis 'from below' of attempts to constitutionalise socio-economic rights in Ireland from 1848 rebellions to present day protests.
American Constitutional Law: Essays, Cases, and Comparative Notes is a unique casebook that encourages citizens and students of the Constitution to think critically about the fundamental principles and policies of the American constitutional order. In addition to its distinguished authorship, the book has two prominent features that set it apart from other books in the field: an emphasis on the social, political, and moral theory that provides meaning to constitutional law and interpretation, and a comparative perspective that situates the American experience within a world context that serves as an invaluable prism through which to illuminate the special features of our own constitutional o...
This book examines the jurisprudence of the Supreme Court of Ireland since its creation in 1924. It sets out the origins of the Court, explains how it operated during the life of the Irish Free State (1922-1937), and considers how it has developed various fields of law under Ireland's 1937 Constitution, especially after the 're-creation' of the Court in 1961. As well as constitutional law, the book looks at the Court's views on the status and legal system of Northern Ireland, administrative law, criminal justice and personal and family law. There are also chapters on the Supreme Court's interaction with European Union law and with the European Convention on Human Rights. The argument through...
This unique Irish law book is a core text for any student of medicine, dentistry, radiography, physiotherapy, psychiatry or nursing, as well as legal practitioners advising clients in this area. Medical Law in Ireland (originally titled: Clinical Practice and the Law) brings together all applicable Irish law in an easy-to-read style and provides clear day-in day-out guidance for clinical practitioners, students and legal practitioners working in Ireland. This new edition sees an added emphasis on those areas of interest to legal practitioners, however there remains a wealth of information for those working in medical fields. Of particular note in this regard are the chapters on Clinical Negl...
This book examines how child protection law has been shaped by the transition to late modernity and how it copes with the ever-changing concept of risk. The book traces the evolution of the contemporary child protection system through historical changes, assessing the factors that have influenced the development of legal responses to abuse over a 130-year period. It does so by focussing on the Republic of Ireland where child protection has become emblematic of wider social change. The work draws on a wide range of primary and secondary sources including legislation, case law and official and media reports of child protection inquiries. It also utilises insights developed through an extensive examination of parliamentary debates on child protection matters. These materials are assessed through the lens of critical discourse analysis to explore the relationship between law, social policy and social theory as they effect child protection. While the book utilises primarily Irish sources, this multidisciplinary approach ensures the argument has international applicability. The book will be a valuable resource for all those with an interest in the development of child protection law.