Constitutional standards of review in Ireland and Canada : comparison and evaluation

Abstract

This thesis is a comparative, critical analysis of standards of review for legislative limitations of constitutional rights, its primary focus is on Ireland, though Canada is also discussed in detail. It compares Irish and Canadian law, as they use a facially identical standard of review. It uses extensive theoretical analysis to inform critical analysis of the case-law in each jurisdiction. It concludes by bringing together both of these elements to draw conclusions about international standards of review and their incorporation into different legal systems, and finally to make constructive suggestions about the best standard of review for Ireland.