The rights of companies under the Irish Constitution : a comparative and philosophical analysis

Abstract

This thesis explores the existing Irish case law concerning the constitutional protection of companies as well as the approach taken in other jurisdictions. It sets out this case law and thus brings together material concerning the Irish Constitution that has not been schematically reviewed before. It also assesses the extent to which traditional methods of constitutional interpretation may be of assistance in this regard. The thesis is normative as well as descriptive in its methodology. In particular, it seeks to establish an approach to the question of corporate constitutional protection that is consistent with the values underlying Bunreacht na hEireaim. It considers two approaches to determining corporate constitutional protection. The first is an approach which relies on corporate theory and is illustrated in this thesis with examples from both Irish and comparative case law, with particular emphasis on the United States. The second approach is one which focuses on the text and philosophical underpinnings of the Constitution and applies a dichotomised analysis of constitutional guarantees which sees them as rooted either in utility or autonomy (or in some cases, in both).