Political constitutionalism under a culture of legalism: Case studies from Ireland

Conor Casey; Eoin Daly

doi:10.1017/S1574019621000183

Political constitutionalism under a culture of legalism: Case studies from Ireland

Conor Casey
, Eoin Daly

Law

University of Liverpool

Research output: Contribution to a Journal (Peer & Non Peer) › Review article › peer-review

8 Citations (Scopus)

Abstract

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.

Original language	English
Pages (from-to)	202-231
Number of pages	30
Journal	European Constitutional Law Review
Volume	17
Issue number	2
DOIs	https://doi.org/10.1017/S1574019621000183
Publication status	Published - Jun 2021

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Political constitutionalism under a culture of legalism: Case studies from Ireland

Abstract

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