This module will investigate constitutional theory and the role of judges in interpreting the Irish Constitution. The aim is to engage students in a critical analysis of contemporary issues in Irish constitutional law by examining issues such as the role of judges under the Constitution as well as the intersection between law and politics in this context. The module is designed to encourage critical thinking in relation to questions on the Constitution and vindication of rights and students will engage with both legal and political literature on these topics. Overall, students will advance their analytical skills and develop their capacity to reflect critically and engage in in-depth discussion on competing theories of constitutional interpretation, the role of the courts in our political system and analysis of judicial power and activism. In doing so, they will gain a deeper appreciation of constitutional theory.

The role of the judge under the Constitution, Judicial activism and Constitutional review, (Constitutional) Judicial review as a means of protecting rights, (Constitutional) Judicial review and political questions, Socio-economic rights, Constitutional interpretation, Constitution as a living document, Judicial power and democracy, Protecting judicial Independence, The need for diversity in the judiciary, Feminist judgments.

On satisfactory completion of this module, students will be able to: • Articulate and critically examine competing theories on the role of the judge; • Identify and analyse techniques and theories used by judges in interpreting the Constitution; • Apply principles of constitutional theory to specific factual scenarios; • Demonstrate knowledge and critical understanding of judicial politics and the place of the judge within the separation of powers; • Reflect on the merits of diversity in the judiciary; • Re-assess common understandings of constitutional law in the light of deeper engagement with the theoretical issues; • Formulate clear and coherent arguments on aspects of judicial power.

• Appreciate the complexity of the role of the judge in interpreting the Constitution; • Adopt new perspectives on judicial power in the context of the separation of powers; • Question the extent to which judges can ever really be regarded as neutral

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The module will be taught using seminars, student presentations, and both formative and summative assessments incorporating reflective feedback. Weekly two-hour seminars will introduce students to the concepts and discussion points. Students will be assigned reading material in advance of each seminar and will engage in self-directed study and class discussion to explore and critically evaluate the issues arising. The seminars will comprise initial direct instruction by the lecturer to introduce students to the topic under discussion. The discussions will be informed by research undertaken by the lecturer in the area of Constitutional law. This research will act as a springboard for class discussion. Thereafter, students will be required to undertake their own research to seek and discover new knowledge. Student presentations and class debates will be used to allow students to critically engage with the material and to engage in collaborative learning. Formative assessment and feedback on performance is integral to promoting the learning objectives of this module. As such, a student will have a number of opportunities to gain feedback on their knowledge and proficiency throughout the module through the use of student presentations and a learning journal. Graduate Attributes: This module will promote student knowledge and will enhance their capacity for critical thinking. Through directed and independent research, students will develop and hone their analytical and argumentative skills as well as their presentation and writing skills. The importance of formative assessment through engagement with student presentations and in feedback to the learning journal entries seeks to promote students' confidence in engaging with and applying disciplinary knowledge. The group discussion which forms an important element of each seminar will support student collaboration and will encourage students to convey their ideas in a clear and effective manner. Summative assessment will develop the students' skills in written communication while also enhancing students' creativity in how they approach independent research. This collaborative approach will also facilitate students in adopting a responsible and engaged response to their learning.