Unenumerated Constitutional Rights Erode Irish Democracy

When the Federal Convention of 1878 had completed its work on the U.S. Constitution in Philadelphia, Benjamin Franklin described its result as, “A Republic, Madam, if you can keep it”. Not much later, John Philpot Curran gave a similar warning, now usually summarised as “Vigilance is the price of liberty”. Each was saying that a … Read more

Rule of Law Backsliding in Rogue EU States

This is an abridged interview with jurist Laurent Pech, Professor of European Law, Jean Monnet Chair of European Public Law (2014-17), and Head of the Law and Politics Department at Middlesex University London. Professor Pech identifies rapid autocrisation in a number of EU states, particularly Hungary and Poland, where the Rule of Law has been … Read more

‘Wild Law’ is the Path of Natural Justice

“every member of the Earth Community has three inherent rights: the right to be, to habitat, and to fulfil its role in the ever-renewing processes of the Earth community.”

The Key Change to Fix the Irish Constitution

The Harp needs more than tuning. The single most important and useful change we should make to our Constitution is to remove the first paragraph of Article 45 which reads: Directive Principles of Social Policy The principles of social policy set forth in this article are intended for the general guidance of the Oireachtas. The application … Read more

Containing Strife – Professional Ideals in Law and Mediation

Perhaps we can agree on this much: conflict is intrinsic to the human condition. We are desiring creatures. Our needs and wants rub up against those of others. Add in an event of intensification: a road accident, a perceived act of negligence, breach of commitment or betrayal of trust. Then there arises anger and its … Read more