Registry

Module Specifications

Current Academic Year 2012 - 2013
Please note that this information is subject to change.

Module Title	Constitutional Law
Module Code	LG118
School	School of Law & Government
Online Module Resources
Module Co-ordinator	Semester 1: Roderic O' Gorman Semester 2: Roderic O' Gorman Autumn: Roderic O' Gorman
NFQ level	8	Credit Rating	5
Pre-requisite	None
Co-requisite	None
Compatibles	None
Incompatibles	None

Description

This module aims:- to examine the historical development and current operation of the Constitution and the State structure;- to explore basic concepts of constitutional law such as the separation of powers and the rules of constitutional interpretation;- to investigate the workings of the three organs of State – legislative, executive and judicial – as well as other entities such as the Attorney General;- to consider the decisions of the Irish courts on certain constitutional issues;- and to introduce students to the concept of constitutional rights.

Learning Outcomes

1. Outline the impact of the Constitution on the functioning of the State and the citizens of the State;
2. Appraise the importance of Constitutional law in legal disputes and political issues;
3. Explain the importance of the language used in the Constitution when subject to judicial interpretation;
4. Critically assess the decisions of the Irish courts on certain constitutional matters, in a broad manner
5. And, solve problems with reference to the provisions of the Constitution, case law, legislation and academic commentary

Workload	Full-time hours per semester
*Type*	*Hours*	*Description*
Lecture	24	No Description
Group work	7	Group work on Assignment
Assignment	20	Individual research and write up for assignment
Independent learning	50	Reading for lectures
Independent learning	24	Exam Revision
Total Workload: 125

All module information is indicative and subject to change. For further information,students are advised to refer to the University's Marks and Standards and Programme Specific Regulations at: http://www.dcu.ie/registry/examinations/index.shtml

Indicative Content and Learning Activities

Introduction to Constitutionalism – the rule of law; the functions of a constitution; comparative analysis of constitutions.
Constitutional History - The 1922 Constitution and the 1937 Constitution in context.

Constitutional Interpretation – literal approach, harmonious approach, historical approach, purposive approach, and the theory of natural law; religion as an influence on the interpretation of the Irish Constitution.
The People, the Nation & the State – the concept of a nation; the independence of the State; the State as a legal person; sovereignty; the languages of the State.

The Separation of Powers Doctrine – legislature, executive, judiciary; exclusivity of roles; real-life blurring of the lines of separation..
The Oireachtas – Article 15 and delegated legislation; composition & privileges; immunity of office; relations between the Dáil and the Seanad..

The Courts and the Constitution – guardians of the Constitution; appointment of judges; administration of justice in public; exclusive powers of the courts; exercise of a judicial function; independence of the judiciary.
Findings of Unconstitutionality – impact of finding of unconstitutionality; CC v [2006] IESC 33.

Amendment of the Constitution – the amendment procedure; the Referendum; informing the voters – Irish controversy; challenging the Referendum result; halting the Referendum process; impugning an amendment; analysis of amendments to Irish constitution.
The President – electing the President; powers of the President; the Council of State; dismissing the President; Bills referred by the President to the Supreme Court (Article 26).

External Influences on Irish Constitutional Law – the EU as a new legal order; the incorporation of the European Convention on Human Rights; the Good Friday Agreement and the Irish Constitution.

Assessment Breakdown
Continuous Assessment	0%	Examination Weight	100%

Course Work Breakdown
Type	Description	% of total	Assessment Date

Reassessment Requirement
Resit arrangements are explained by the following categories; 1 = A resit is available for all components of the module 2 = No resit is available for 100% continuous assessment module 3 = No resit is available for the continuous assessment component
This module is category 1

Indicative Reading List

Doyle, O.: 2008, Constitutional Law: Text, Cases and Materials, Clarus Press, Dublin,
Hogan, & Whyte: 2003, J.M. Kelly: The Irish Constitution, 4th, Lexis Nexis Butterworths, Dublin,
Casey, J.: 2000, Constitutional Law in Ireland, 3rd, Round Hall Sweet & Maxwell, Dublin,
Forde: 2004, Constitutional Law, 2nd, Round Hall Sweet & Maxwell, Dublin,
Persson and Tabellini: 2003, The economic effects of constitutions, MIT Press, London,
Ryan: 2002, Constitutional law, Round Hall Sweet & Maxwell, Dublin,
Allan: 2001, Constitutional justice : a liberal theory of the rule of law, OUP, Oxford,
Murphy and Twomey (eds.): 1999, Ireland's Evolving Constitution, 1937 -1997: Collected Essays, Hart Publishing, Oxford,
Alexander (ed.): 1998, Constitutionalism: philosophical foundations, CUP, New York,
Morgan: 1997, The Separation of Powers in the Irish Constitution, Sweet and Maxwell, Dublin,
Constitution Review Group (Chairman: T. K. Whitaker): 1996, Report of the Constitution Review Group, Constitution Review Group, Dublin,

Other Resources

229, Moodle, 0, Lecture notes and links to relevant journal articles, case-law and websites will be available on the DCU Moodle page for this module, 230, Journals, 0, Students should also regularly refer to relevant journals, such as the Irish Law Times, the Dublin University Law Journal, and the Bar Review, 231, Electronic Resources, 0, Some useful electronic resources are: Justis, WestLaw IE, FirstLaw, LexisNexis, www.bailii.org, www.irishstatutebook.ie, www.lawreform.ie, www.courts.ie, www.echr.coe.int, www.irlgov.ie,

Array

Programme or List of Programmes

BCL

BCL (Law and Society)

BSSAO

Study Abroad (DCU Business School)

ECSAO

Study Abroad (Engineering & Computing)

EPL

BA in Economics, Politics and Law

HMSA

Study Abroad (Humanities & Soc Science)