Module: Constitutional Law

Latest Module Specifications

Current Academic Year 2025 - 2026

Module Title	Constitutional Law
Module Code	LAW1003 (ITS: LG1180)
Faculty	Humanities & Social Sciences	School	Law & Government
NFQ level	8	Credit Rating	10

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. 1D6466FC-0033-0001-C75F-106E1500C2B0
2. outline the impact of the Constitution on the functioning of the State and the citizens of the State;
5. 1
6. 1D6466FC-02D3-0001-4E89-F4B6F22BC980
7. appraise the importance of Constitutional law in legal disputes and political issues;
10. 2
11. 1D6466FC-0986-0001-C762-B4001F90179D
12. explain the importance of the language used in the Constitution when subject to judicial interpretation;
15. 3
16. 1D6466FC-0F2A-0001-D55C-B5301D601CF3
17. assess the decisions of the Irish courts on certain constitutional matters, in a broad manner
20. 4
21. 1DAAFFC0-F3CF-0001-C215-12005F2C4BA0
22. outline and and discuss some of the most significant elements of Irish constitutional law which have emerged in recent time
25. 5
26. 1D6466FC-12C7-0001-2D92-B207B13E52A0
27. and, solve problems with reference to the provisions of the Constitution, case law, legislation and academic commentary
30. 6

*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

Section Breakdown
CRN	10877	Part of Term	Semester 1 & 2
Coursework	30%	Examination Weight	70%
Grade Scale	40PASS	Pass Both Elements	N
Resit Category	RC1	Best Mark	N
Module Co-ordinator	Thomas Hickey	Module Teacher

Type	Description	% of total	Assessment Date
Assessment Breakdown
Assignment	Essay	50%	Week 1
Formal Examination	End-of-Semester Final Examination	50%	End-of-Semester

Reassessment Requirement Type
Resit arrangements are explained by the following categories; RC1: A resit is available for both^* components of the module. RC2: No resit is available for a 100% coursework module. RC3: No resit is available for the coursework component where there is a coursework and summative examination element. ^* ‘Both’ is used in the context of the module having a coursework/summative examination split; where the module is 100% coursework, there will also be a resit of the assessment

Pre-requisite	None
Co-requisite	None
Compatibles	None
Incompatibles	None

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

Indicative Reading List

Books:

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,

Articles:
None

Other Resources

Moodle: Lecture notes and links to relevant journal articles, case-law and websites will be available on the DCU Moodle page for this module,
Journals: Students should also regularly refer to relevant journals, such as the Irish Law Times, the Dublin University Law Journal, and the Bar Review,
Electronic Resources: 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,