Module: Constitutional Law

Module Specifications.

Current Academic Year 2024 - 2025

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Date posted: September 2024

Module Title	Constitutional Law
Module Code	LG1180 (ITS) / LAW1003 (Banner)
Faculty	Humanities & Social Sciences	School	Law & Government
Module Co-ordinator	Thomas Hickey
Module Teachers	-
NFQ level	6	Credit Rating	10
Pre-requisite	Not Available
Co-requisite	Not Available
Compatibles	Not Available
Incompatibles	Not Available

None
Array

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; - to introduce students to the concept of constitutional rights; - to examine certain matters which have been significant and, at times, controversial in the development of Irish constitutional jurisprudence; - to give students an enhanced awareness of the importance of the Constitution in our society and the far-reaching ambit of its application.

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. assess the decisions of the Irish courts on certain constitutional matters, in a broad manner
5. outline and and discuss some of the most significant elements of Irish constitutional law which have emerged in recent time
6. and, solve problems with reference to the provisions of the Constitution, case law, legislation and academic commentary

*Type*	*Hours*	*Description*
Workload	Full-time hours per semester
Lecture	48	Formal lecture
Assignment Completion	50	Individual research and write up for assignment
Independent Study	100	Reading for lectures
Independent Study	52	Exam Revision
Total Workload: 250

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

Judicial activism, the Constitution and Democracy

The Family and Education

Unenumerated rights and socio-economic rights

Religion and the Irish Constitution

Abortion and the Constitution

Equality

Article 26 References and the decisions of the Supreme Court

Assessment Breakdown
Continuous Assessment	30%	Examination Weight	70%

Type	Description	% of total	Assessment Date
Course Work Breakdown
Assignment	Essay	50%

Reassessment Requirement Type
Resit arrangements are explained by the following categories: Resit category 1: A resit is available for both* components of the module. Resit category 2: No resit is available for a 100% continuous assessment module. Resit category 3: No resit is available for the continuous assessment component where there is a continuous assessment and examination element.
* ‘Both’ is used in the context of the module having a Continuous Assessment/Examination split; where the module is 100% continuous assessment, there will also be a resit of the assessment
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

36747, 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, 36748, 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, 36749, 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,