Permanent URI for this collection


Recent Submissions

Now showing 1 - 2 of 2
  • Item
    The Importance of the Constitution - Examination through the Constitution of the Irish Free State
    (Dublin Business School, 2006) Uchiyama, Wataru
    A constitution is not the mere papers on which fundamental principles and rights are listed. It is a living document which ensures that people live in a democratic society by limiting the powers of men who are supposed to exercise their powers on the people's behalf. That is why the constitution is considered to be the basic and the most important law of the state. It has, in many countries, a higher legal status than any other law, and all the statutes are thus to be created in accordance with the constitution, so that the important principles and rights established under the constitution are not infringed by those statutes. However, a constitution of itself is not "strong". In other words, the concepts laid down in the constitution which keep the democracy alive can be ignored by those men in power if there is a substantial flaw in the document. An outstanding example is the Constitution of the Irish Free State, enacted in 1922. The main purpose of this dissertation is to indicate the importance and true nature of the constitution by examining the Free State Constitution.
  • Item
    The judicial interpretation of Article 44
    (Dublin Business School, 2007) Halpin, Rebecca
    Article 44 of Bunreacht na hEireann provides for the Constitutional protection of religion and outlines the permissible levels of State endorsement. It proved to be one of the most difficult articles to write, with the drafters attempting to create a provision which recognised Roman Catholicism as the faith of the great majority of citizens while not creating a theocratic Constitution which did not adequately protect or afford deference to the rights of religious minorities. While often criticised as an overtly Catholic document, the Constitution in fact provided a quite pluralist protection of religion despite the recognition of the special position of the Roman Catholic Church. Considerable attempts were made to create an inclusive Article 44, and it received full support from the leaders of minority religions in Ireland. The majority of complaints regarding the article came from the more devout Catholic groups who wished the article's wording to go much further in its legal recognition of the Catholic Church and its place in Irish society.