Registry

Module Specifications

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

Module Title	Advanced Constitutional Law
Module Code	LG129
School	School of Law & Government
Online Module Resources
Module Co-ordinator	Semester 1: Noelle Higgins Semester 2: Mark Coen Autumn: Mark Coen
NFQ level	8	Credit Rating	5
Pre-requisite	None
Co-requisite	None
Compatibles	None
Incompatibles	None

Description

This module aims to build upon the understanding of Irish constitutional law which students will have acquired in the Foundations of Constitutional Law module. This module examines certain matters which have been significant and, at times, controversial in the development of Irish constitutional jurisprudence. By examining these matters, and critically analysing the application of the Constitution thereto, students will gain an enhanced awareness of the importance of the Constitution in our society and the far-reaching ambit of its application.

Learning Outcomes

1. Outline and discuss some of the most significant elements of Irish constitutional law which have emerged in recent times;
2. Identify the approach which the Irish judiciary have adopted to their role as guardians of the Constitution;
3. Analyse the use of various judicial doctrines in the interpretation and application of the Constitution;
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
Tutorial	3	No Description
Assignment	24	Research and write up
Independent learning	50	Reading for lectures and Tutorials
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

Judicial activism, the Constitution and Democracy.
analysis of the Irish judiciary and their impact on the application of the Constitution; Is judicial activism itself in contravention of the Constitution?; changing attitudes towards judicial activism..

The Family and Education.
women and the Constitution; the family and the Constitution; education for disabled persons; definition of the â€œchildâ€; State interference with authority of the family; the Constitution and divorce.

Unenumerated rights and socio-economic rights.
does the Irish Constitution allow for the acknowledgement of socio-economic rights?; influence of separation of powers and judicial deference; judicial doctrines as smoke-screens?.

Religion and the Irish Constitution.
impact of religion on drafting of the Constitution; impact of religion on the interpretation of the Constitution; freedom of religion under the Constitution in 21st century Ireland.

Abortion and the Constitution.
comparison of US and Irish abortion laws under the respective Constitutions; historic and cultural influences; political influences; judicial decisions.

Equality.
the limited constitutional protection of the right to equality; comparative equality protections in other constitutions.

Article 26 References and the decisions of the Supreme Court.
an analysis of the decisions of the Supreme Court in relation to some of the Bills referred to it by the President under Article 26; this allows for the exploration of a range of disparate constitutional issues, e.g. the right to liberty and the right to silence (In re the Criminal Justice Bill, 2007), the constitutional rule against retrospective laws (In re the Health (Amendment)(No. 2) Bill, 2004 ), socio-economic rights (In re the Employment Equality Bill, 1996), the issue of abortion (In re the Regulation of Information (Services Outside the State for Termination of Pregnancies) Bill, 1995).

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: 2000, Constitutional Law in Ireland, 3rd, Round Hall Sweet & Maxwell, Dublin,
Doyle: 2004, Constitutional Equality Law, Thomson Round Hall, 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,
Morgan: 2001, A Judgment Too Far? Judicial Activism and the Constitution, Undercurrents Series, CUP, UK,
Allan: 2001, Constitutional Justice: A Liberal Theory of the Rule of Law, OUP, Oxfor,
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, CRG, Dublin,

Other Resources

5156, 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, 5157, 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, 5158, 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,

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)