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Revisiting Ryan v Lennon to make the case against judicial supremacy (and for a new model of Constitutionalism in Ireland)

Hickey, Tom ORCID: 0000-0001-7618-6786 (2015) Revisiting Ryan v Lennon to make the case against judicial supremacy (and for a new model of Constitutionalism in Ireland). Irish Jurist, 53 . pp. 125-153. ISSN 2565-5558

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Abstract

This article considers the dilemma faced by judges in the famous Ryan v Lennon case, arguing that the 'all-or-nothing' nature of their option - under the system of judicial supremacy - undermined their actual capacity to 'save' democracy from itself. It goes on to make a broader case for a more constrained form of judicial review in the Irish system, considering cases like AG v X, Zappone & Gilligan, and Coughlan v Broadcasting Commission along the way.

Item Type:Article (Published)
Refereed:Yes
Subjects:Social Sciences > Law
DCU Faculties and Centres:DCU Faculties and Schools > Faculty of Humanities and Social Science > School of Law and Government
Publisher:Thomson Round Hall
Copyright Information:© 2015
Use License:This item is licensed under a Creative Commons Attribution-NonCommercial-Share Alike 3.0 License. View License
ID Code:25691
Deposited On:25 Mar 2021 17:12 by Thomas Murtagh . Last Modified 25 Mar 2021 17:12

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