TY - JOUR
T1 - Political constitutionalism under a culture of legalism
T2 - Case studies from Ireland
AU - Casey, Conor
AU - Daly, Eoin
N1 - Publisher Copyright:
© The Author(s), 2021. Published by Cambridge University Press on behalf of European Constitutional Law Review. This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
PY - 2021/6
Y1 - 2021/6
N2 - 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.
AB - 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.
UR - http://www.scopus.com/inward/record.url?scp=85109359269&partnerID=8YFLogxK
U2 - 10.1017/S1574019621000183
DO - 10.1017/S1574019621000183
M3 - Review article
SN - 1574-0196
VL - 17
SP - 202
EP - 231
JO - European Constitutional Law Review
JF - European Constitutional Law Review
IS - 2
ER -