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A Judgement too Far: Judicial Activism & the Constitution
A Judgement too Far? Judicial Activism & the Constitution

Our Price:10.00
Authors: David Gwynn Morgan
Affiliation: University College Cork
Publication Year: Softback 2001
Pages: 136
Size: 214 x 135mm

ISBN: 9781859182291


A Judgement too Far? attempts to bridge the gap in our understanding of the implications of policy reform as mediated by the court system. Huge changes have taken place in Irish society over the past 10-15 years, and many controversial policy-decisions which have resulted in those changes have been provided for by legal interpretation. This book asks whether that situation is a healthy one for the Irish polity. Is it democratic? Are the politicians using the courts to avoid public controversy for their own political ends? Assuming that Irish judges follow the general rules for what makes good society, how do they assess that uncharted expanse in which they must balance the rights of the individual and the good of society in general? Do the traditional rules of constitutional interpretation suffice and should the procedure of legal contest be redefined to take into account the concerns of the wider community? David Gwynn Morgan asks these questions and offers ideas which might be used for the redefinition of the role of the judiciary as they confront matters of national policy. This book will be essential reading for anyone involved in current affairs, and will be of particular interest to legal and political commentators.

David Gwynn Morgan is Professor of Law at UCC. He is a regular contributor to national debates in the Irish media regarding constitutional issues and has edited several books including The Separation of Powers in the Irish Constitution (Roundhall, Sweet and Maxwell, 1997)

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