Module Code - Title:
LA4440
-
CONSTITUTIONAL LAW 2
Year Last Offered:
2025/6
Hours Per Week:
Grading Type:
Prerequisite Modules:
Rationale and Purpose of the Module:
Currently, the School of Law delivers lectures on the Irish Constitution to all our LLB degrees and to a number of FAHSS courses. These modules are entitled Public Law 1 and Public Law 2. The term Public Law is outdated and cumbersome. The two new modules being created will keep the content of the Public Law modules but will use the more commonly used name of Constitutional Law. It will be to the advantage of students, and professional bodies and employers with which they deal, as the term Constitutional Law bears the more commonly used term for the study of this area of law.
Syllabus:
The aim of this course is to examine the fundamental rights provisions of the Irish Constitution, considering always the obligations of the state under international law. Topics to be covered include fundamental rights theories, unenumerated rights and enumerated rights and directive principles of social policy under the Irish Constitution.
Learning Outcomes:
Cognitive (Knowledge, Understanding, Application, Analysis, Evaluation, Synthesis)
On successful completion of this module, students will be able to:
Demonstrate an understanding of the doctrine of fundamental rights from an international and Irish perspective
Identify the various fundamental rights protected by the Constitution
Examine the limitations placed on the exercise of rights
Appraise the relationship between the various stakeholders in fundamental rights discourse and assess how these interests should be balanced.
Reason by analogy and apply the law on fundamental rights to determine the likely outcome of a court action.
Critically evaluate the extent to which the experiences and responses of other jurisdictions, as well as international human rights principles should influence Irish law.
Affective (Attitudes and Values)
N/A
Psychomotor (Physical Skills)
N/A
How the Module will be Taught and what will be the Learning Experiences of the Students:
Research Findings Incorporated in to the Syllabus (If Relevant):
Prime Texts:
Casey (2000)
Constitutional Law in Ireland
, Dublin: Round Hall Sweet and Maxwell
Forde (2004)
Constitutional Law 2nd ed
, Dublin: Firstlaw
Hogan and Whyte (2002)
JM Kelly: The Irish Constitution 4th ed
, Dublin: Butterworths
Doyle (2008)
Constitutional Law: Text, Cases and Materials
, Dublin: Clarus Press
Other Relevant Texts:
Carolan and Doyle (2008)
The Irish Constitution: Governance and Values
, Dublin: Thomson Round Hall
Hogan and Morgan (1998)
Administrative Law in Ireland 3rd edition
, Dublin: Round Hall Sweet and Maxwell
Keogh and McCarthy (2007)
The Making of the Irish Constitution 1937
, Cork: Mercer Press
Morgan ()
The Separation of Powers in the Irish Constitution
, Dublin: Roundhall
Ryan (2008)
Constitutional Law 2nd edition
, Dublin: Round Hall
Murphy and Twomey (eds) (1998)
Irelands Evolving Constitution 1937-1997 Collected Essays
, Oxford: Hart Publishing
Sarkin and Binchy (2004)
The Administration of Justice: Current Themes in Comparative Perspective
, Dublin: Four Courts Press
Programme(s) in which this Module is Offered:
Semester(s) Module is Offered:
Module Leader:
Laura.Cahillane@ul.ie