Political Constitutionalism under a Culture of Legalism: Case Studies from Ireland

Casey, Conor ORCID: 0000-0002-7428-1621 and Daly, Eoin (2021) Political Constitutionalism under a Culture of Legalism: Case Studies from Ireland. EUROPEAN CONSTITUTIONAL LAW REVIEW, 17 (2). pp. 202-231.

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Official URL: http://dx.doi.org/10.1017/s1574019621000183

Abstract

<jats:p>Political constitutionalism understood in terms of autonomy of political judgement rather than allocation of powers – Irish case studies as example – Judicial doctrines recognise political discretion concerning rights – However, legalism or legal constitutionalism arises within the sphere of political judgement itself – Legal constitutionalism restricts political autonomy epistemically as well as institutionally</jats:p>

Item Type:	Article
Uncontrolled Keywords:	16 Peace, Justice and Strong Institutions
Divisions:	Faculty of Humanities and Social Sciences > School of Law and Social Justice
Depositing User:	Symplectic Admin
Date Deposited:	11 Aug 2021 13:11
Last Modified:	17 Mar 2024 12:25
DOI:	10.1017/S1574019621000183
Open Access URL:	https://doi.org/10.1017/S1574019621000183
Related URLs:	Author Publisher
URI:	https://livrepository.liverpool.ac.uk/id/eprint/3133150