Developing trends in the Catholicity of judicial decisions on the Constitution
Citation:
Macdara Ó Drisceoil, 'Developing trends in the Catholicity of judicial decisions on the Constitution', [thesis], Trinity College (Dublin, Ireland). School of Law, 2010, pp 310Download Item:
Abstract:
In this thesis I examine the development of Catholicity as an influence on judicial
decisions on the Constitution. When I refer to Catholicity, it concerns Catholic
thought, Catholic social teaching, clerical intervention in the legal process and evidence
of judicial deference towards the Catholic hierarchy. I argue that there is less evidence
of Catholicity in judicial decisions on the Constitution in the early years of the State
than one would expect given the confessional culture that existed. I argue that the
reason for this was the residual influence of the British liberal concept of parliamentary
supremacy on the judiciary which meant that the Courts adopted an unassertive position
and tended not to engage with the Catholic norms in the 1937 Constitution. An
exception to this unassertiveness and unwillingness to engage with the Constitution was
Gavan Duffy P whose judgments represent the high water mark of Catholicity at a time
in which the Catholic Church's political influence was at its peak.
Author: Ó Drisceoil, Macdara
Advisor:
Whyte, GerryQualification name:
Doctor of Philosophy (Ph.D.)Publisher:
Trinity College (Dublin, Ireland). School of LawNote:
TARA (Trinity’s Access to Research Archive) has a robust takedown policy. Please contact us if you have any concerns: rssadmin@tcd.ieType of material:
thesisAvailability:
Full text availableKeywords:
Law, Ph.D., Ph.D. Trinity College Dublin.Metadata
Show full item recordLicences: