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A New Constitution; a New Language? How the New Courts Talked About the Free State Constitution 1922
The enactment of the Constitution of the Irish Free State (Saorstát Eireann) Act 1922 on 6 December 1922 appeared to involve a radical rupturing of...
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‘The Constitution, the Whole Constitution, Nothing But the Constitution’
This chapter analyses the composition and content of the French Constitution of 1795 (Year III), confirming the political nation’s understanding of...
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The Partition of Ireland and the 1922 Constitution
This chapter reflects upon the missing elements of the 1922 Constitution which are nonetheless of fundamental importance to understanding the...
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The Centenary of the Irish Free State Constitution Constituting a Polity?
This book deals with the role, development, and legacy of the first Constitution of independent Ireland within the wider context of the establishment...
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Opposition to the Constitution of the Irish Free State in 1922
This chapter provides a snapshot of the opposition to the Free State Constitution in the year 1922 before opinions were influenced by the course of...
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‘Environmental Stewardship’ and Article 11 of the 1922 Constitution
Article 11 of the 1922 Constitution provides for State ownership of ‘natural resources’. This chapter argues that Article 11—and the successor...
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The Constitution and Latent Anarchy
The promulgation of the Meiji Constitution was a national showpiece for “civilization and progress” and regardless of how things transpired on the...
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The 1922 Constitution as a Failed Attempt to Break with Westminster Tradition
This chapter seeks to re-examine a dominant popular narrative about the 1922 Constitution: that it largely followed and replicated, without great...
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Property Rights and Democratic Decision-Making: Lessons from the 1922 Constitution
This chapter analyses the lessons that can be taken from the drafting of the 1922 Constitution for current-day constitutional property dilemmas. In...
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The Afterlife of the Constitution of the Irish Free State: Constitutional Echoes in South Asia
This chapter looks at the influence of the Irish Free State Constitution outside the borders of the State. It examines the way in which...
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The National Language and Article 4 of the 1922 Constitution
The 1922 Constitution mentions Irish only twice—grou** language and flag together in Article 4 and Article 42 elevating the language to a first and...
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The Civil War, the Constitution and the Collapse of the Rule of Law
The autumn of 1922 witnessed two momentous and contradictory events. The first was the creation of the Irish Free State Constitution which guaranteed...
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The Challenges to the UK Constitution Since 1979 and Brexit
The key theme of this chapter is that the UK constitution since 1979 has, with its partiality towards centralisation and deferral to the executive,...
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The Constitution of Political Deference
In this chapter, a distinction is drawn between the two main types of constitution which developed in the eighteenth century—the ‘legal’...
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Religion and the Constitution of the Irish Free State
This chapter examines the question of why a secular Constitution was drafted for the Irish Free State in 1922. It also examines the constitutional...
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Path Dependency, the High Court, and the Constitution
Path dependence is a concept that originally arose in the field of economics before gaining currency with political scientists and historians. The...
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Progress, Evolution, and Cellular Constitution
This chapter complements the preceding one by comparing the prevailing socio-economic beliefs in Padua to the biological-anatomical views of Paduan...
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The Historic Constitution of the Modern University and the Heritage of the Humanities
The historical examination sets out by describing the major reorganization of Western knowledge institutions and disciplines that laid the foundation...
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Legal Pluralism Past and Present: Magna Carta and a First Nations’ Voice in the Australian Constitution
This chapter uses legal pluralism as a means of conceptualising the possibilities of constitutional recognition of indigenous rights in Australia...
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Petitioning as Constitution-Making: Revolutionary Massachusetts and the American Confederation
Petitions allowed ordinary people to convey what made a political system legitimate and effective. In Revolutionary Massachusetts, inhabitants...