Interesting that in this article the Irish Times identities Trinity Provost as Ms Doyle, whereas they used to refer to previous Provost as Dr Prendergast or Prof Prendergast
Delighted to have joined the Institutum Iurisprudentiae of Academia Sinica Taipei as a research professor, with dual appointment as a professor in Trinity College Dublin. Great to work with excellent colleagues, new and old, in both places. And liking the view from the office.
Minister
@SimonHarrisTD
announces 77
@IrishResearch
New Foundations projects that will bring researchers and community organisations together to tackle societal issues including gender-based abuse, homelessness and housing affordability
@DeptofFHed
Delighted and excited to see this appointment to the SC. Gerard Hogan introduced me to constitutional law 25 years ago. I think we'll see a real engagement between competing constitutional and judicial philosophies on the court over the next few years.
I took my eye off the government website for a few days and there has been an important change. SI 171/2021
makes the organisation of and attendance at religious services a criminal offence. 1/3
Essentially, the proposal is to replace an explicitly gendered symbolic provision with a symbolic provision that isnโt explicitly gendered. Symbolism is important and there is much purely symbolic content in the Constitution. But the proposal will not change the world. 8/
Delighted to have collaborated with
@TomHickeyDCU
on this second edition of Constitutional Law: Text, Cases and Materials
@ClarusPress
and for it to be approaching completion. Not so delighted to be proof-reading my chapters for typos.
Congratulations and best wishes to Prof Caoimhรญn MacMaolรกin who takes over today as Head of
@TCDLawSchool
. Thanks to Prof Mark Bell for his leadership over the last three years, and in particular the last 18 months. Neither is on twitter, yet both exist.
I really wonder about the mindset that leads some barristers to believe judges owe obligations to the legal profession to keep money flowing into the profession
You could view this as a missed opportunity to do something more for carers. For instance, Citizens Assembly recommended an amendment that would oblige โthe State to take reasonable measures to support care within the home and wider communityโ. 10/
Very grateful to
@Eu_Const
for today publishing my analysis of Costello v Gov of Ireland - in which Irish SC held ratification of Canada - EU CETA would be unconstitutional. Short thread.
NEW: In the latest episode of the QUB Constitutional Futures series, Prof Oran Doyle
@tcddublin
@oran_doyle
and Professor Colin Harvey
@QUBelfast
@cjhumanrights
discuss current deliberations and possible options. ย ย
Worth your time.
๐งAvailable here๐ง
Of course lawyers need to take instructions from their clients but it seems bizarre that four months after start of challenge to legal restrictions on religious services, they need to take instructions on whether those restrictions actually exist.
A42B also wonโt do anything. โStrive to supportโ will not impose any legally enforceable obligation on the State. But likewise, it wonโt stop the State doing anything to provide care itself or to support carers. 7/
One for Irish law people. In Costello v Government of Ireland, Hogan J suggested it might come to be regarded as one of the most significant cases in the Supreme Courtโs 100 year history. What other cases should be on that list?
One of the concerns I've seen expressed about the Family amendment is that the courts will have to interpret the undefined term 'founded on other durable relationships'.
Is there a prize going for the constitutional interpretation that most undermines constitutional governance?
No functioning legislature โ
Reduced participation by TDs โ
No government accountability โ
The Oireachtasโ legal team has previously been told that the current ministers cannot be compelled to attend any sittings - logic being, this Dรกil didnโt elect these ministers so they cannot dictate their actions - so how a committee will hope to do so is ๐คท๐ผโโ๏ธ.
The nice people
@hartpublishing
have made the chapter on the Presidency from my forthcoming Constitution of Ireland: a Contextual Analysis available, in case anyone is interested
โฆ
@dkennytcd
โฉ and I have a letter in todayโs paper about the latest startling divergence between COVID law and guidance. h/t โฆ
@davidmcgettigan
โฉ for drawing it to our attention
Ultimately, the care referendum is all about symbolism. Symbols are important and what we say in our Constitution says something about us. But donโt tie yourself in knots worrying what concrete effects your vote will have. It wonโt have any concrete effects. 15/
Unpleasant scenes at arrivals hall of wellington airport as arriving constitutionalists chant โWhat do we want? A written constitution! When do we want it? Now!!!โ
Very pleased to coauthor with
@rachaelawalsh
this article on Ireland's citizens' assembly on abortion and the 8th Amendment. Published today by International Journal of Constitutional Law
In this referendum, the debate has involved far too much argument about what the amendments will actually do rather than argument over whether we agree or disagree with what they will do. It has been a disheartening exercise in constitutional change. 31/
In 2018
@tcddublin
established a chair of constitutional governance, subsequently filled by my now friend and colleague
@AileenFKavanagh
The wisdom of these decisions demonstrated by the publication of this serious and important work
The Collaborative Constitution has landed! After years of hard work, deep thinking and slow scholarship, itโs amazing to see it out there in the world at last. Thanks to everyone who helped, supported, commented and critiqued. But for now, take a look at this fine thing!
Alongside 13 colleagues from law schools around Ireland, I wrote this letter to the Irish Times to try and clear up some misunderstandings about the forthcoming amendment on the constitutional definition of Family and โdurable relationshipsโ. 1/
Gloomy reading. โBad faithโ is only in the headline but itโs quite possible weโll get to next December, UK will say protocol canโt/wonโt be implemented and weโre back to hard border on island
It reinforces my view that Mass attendance was not a criminal offence prior to this.
Strange that the Regulations made on Saturday had to be amended in this way on Monday. 3/3
But if you reject amendment in hope of something better, you mightn't ever get something better. Reform of 41.2 has been discussed for 30 years. Sinn Fรฉin have said they would support a second referendum that went further, but will they spend political capital on this? 11/
A41.2 may be an important statement of values but it doesnโt do anything. It hasnโt โ probably ever โ made it more difficult for women to work outside the home. And it doesnโt now make it easier for women to work in the home. 5/
Thrilled to see my colleagues
@dkennytcd
,
@MaryRogan
and Aileen Kavanagh elected to fellowship of
@tcddublin
today. Alongside many wonderful new scholars from
@TCDLawSchool
Huge respect to all students who took on these exams during lockdown this year.
I can see valid reasons why people might vote against the Family amendment. But to be concerned simply because the phrase is undefined seems to misunderstand the sort of constitution that we have.
I agree with this excellent analysis by โฆ
@Rachael65493122
โฉ If calibrated to particular areas or subject to regular review, very unlikely that rent freeze would be found unconstitutional
What sort of durable relationships will be covered? Standard principles of legal interpretation mean they must be marriage-like. The Supreme Court is not a radical body secretly plotting the destruction of social norms. Donโt expect anything outlandish. 18/
I have just written a blog post for the new
@TriCONDublin
COIVD-19 Law and Human Rights Observatory, exploring the vagueness in Ireland's lockdown restrictions and some of the implications of this.
New legislation governing the way judges are appointed will come into effect after the Supreme Court found it did not breach the constitution | Read more:
The most significant family rights involve deference to parental decision-making re children. But position of non-marital families was unequivocally equalised with marital families by the Childrenโs Rights Amendment in 2012. The Family Amendment will make no difference here. 25/
This is a forthcoming paper with
@dkennytcd
and Christopher McCrudden in which we explore some constitutional issues that could arise in a united Ireland. 1/6
In this post I explore what would be required, from Irish constitutional perspective, for Irish unification to occur and then suggest how this could be integrated with processes in NI and UK. Short thread. 1/
For a forthcoming book on the Court of Appeal, edited by Mark Coen and Noel McGrath of
@UCDLawSchool
,
@Caseyco231
and I have been reviewing how the Irish Supreme Court's caseload has changed since the CA established in 2014
โReligion and Law in Ireland and Northern Ireland since 1968โ, by Christopher McCrudden, Oran Doyle and David Kenny, out now in The Oxford Handbook of Religion in Modern Ireland
Congratulations to now former PhD student
@R_ONuanain
on passing his viva voce today - comparative and theoretical approaches to declarations of unconstitutionality
Grateful to
@DonalkCoffey
for drawing attention to SC judgment today in Burke v Minister for Education. Donal's right that it's an important judgment that clarifies a lot of issues around executive power. So herewith a ๐งต1/9
Come work with us at
@AcadSinica
Opening in con/admin law
Appointment at assโt / assoc / full professor
Great place to work in comparative public law
Very happy to chat informally with anyone interested - do get in touch
Retweets appreciated
Sometimes the debate assumes that to change the constitution is to change the world. Two reasons why this might not be the case. 1, con provision currently doesnโt constrain Oireachtas. 2, law in general not as important as social forces 2/
Here is a forthcoming paper that discusses Ireland's same-sex marriage referendum from 2015 and offers some thoughts on the use of referendums to protect minority rights.
Minister OโGorman has said there may be need for a further Amendment for people with disabilities. My guess is that we will not see a further referendum on this issue for several decades โ whether the current proposal is approved or rejected. 12/
I agree with all of this. Timing of ref explained by end of gov term, avoiding being too close to Euro / local elections and probably too much attraction to holding on international womenโs day. Things could definitely have been done better but itโs not a conspiracy
Another fact check on the referendums: Iโve seen this in a few places, though I donโt know the source. The idea that the Care referendum was called to interfere with this Supreme Court case, or that the constitutional change would make a big difference in it, is not credible. 1/
Have enjoyed working on this with
@Caseyco231
. Hope it's of some interest to people and we very much welcome any feedback and suggestions as we bring the project to completion.
@oran_doyle
& I have an essay on the Irish Supreme Court's constitutional jurisprudence over the past decade. We try to capture the current zeitgeist of Irish Con law, judicial divisions & likely future directions.
It's a WIP so all comments v welcome:
Some thoughts on Sydney after 3 days.
A lot of hairdressers, although people donโt look like they get hair cut very often.
A lot of VIP lounges, no lounges for others. Maybe everyoneโs a VIP?
A lot of Irish people but we havenโt renamed many streets, yet.
Overall I like it
The bishops may believe there are general legal restrictions on religious services. Or they may be asking for changes to public health advice.
But framed and reported this way, it feeds the narrative that there are legal restrictions, when there aren't.
I analyse the current legal restrictions on religious services. tldr: minimal legal restrictions but gardaรญ and churches appear to believe there are extensive legal prohibitions. Possibly due to misleading Gov statements. Serious rule of law problem. Thread: 1/7
NEW BLOG POST:
@oran_doyle
reviews the divergence between the legal restrictions on religious services and what the gardaรญ and churches appear to believe those restrictions are. A serious rule of law problem.
Here is something I have written on constitutional issues that would need to be addressed if a border poll on Irish reunification were contemplated in Northern Ireland
You might object to the symbolism of 42B, implying that care is a primarily private endeavour, which the state should only strive to support. This might imply that those who need care are dependent on charity, reducing their capacity to be independent citizens. 13/
Very pleased to be speaking at the
@ICON__S
school today on constitutional theory - concepts, models and normative evaluation. Everything you (n)ever wanted to know about constitutional theory but were afraid to ask
Really excited to be in this important book on constitutional identity, and to be writing alongside such an array of interesting scholars. ๐ editors
@roznaiy
and Ran Hirschl
Super excited about this new book: โDeciphering the Genome of Constitutionalism - The Foundations and Future of Constitutional Identityโ (
@CUP_Law
). Co-edited with the one & only Ran Hirschl, honoring Gary Jacobsohn & featuring some of the world's leading scholars. This book
The current Seanad will cease to exist on 29 March, day before polling day (Art 18.9). Taoiseach's 11 nominees can't be appointed until Dรกil elects new Taoiseach (Art 18.3). What are consequences of this? A thread! 1/10
Adjectives cannot describe my state of mind on completing this project with
@AileenMcHarg
Jo Murkens and all the chapter authors. But I fully endorse Aileenโs words of thanks
Today is print publication day for The Brexit Challenge for Ireland and the United Kingdom: Constitutions under Pressure edited by
@oran_doyle
, Jo Murkens and myself, published by
@CUP_Law
.
The family referendum largely comes down to symbolism rather than practical effects. If you want to use the Constitution to signal the importance of marriage as the basis for family life, you should vote no. If you want to send the opposite signal, you should vote yes. 29/
Congratulations to
@Likung_Chen
on passing his viva voce
@TCDLawSchool
yesterday so he can now become Dr Chen. Was a privilege to supervise his most interesting thesis on the Unities of Law and the State
Min made regulation Monday 12/04
Took effect Tuesday 13/04
Notice of making appears in Iris Oifigiรบil today 16/04
Happily, this means HC was not misled on Tuesday when told that Mass attendance/organisation was a criminal offence 2/3
Unification referendums on the Island of Ireland would raise a whole load of important, sensitive, and complicated questions. This public consultation provides a good opportunity to express your views and shape thinking.