INTERPRETATIVE AND DEFERENCE BASED MODELS OF …

Brian Foley 1 INTERPRETATIVE AND DEFERENCE BASED MODELS OF JUDICIAL RESTRAINT IN THE irish constitution Brian Foley, Barrister-at-Law, Candidate, Trinity College Dublin* Introduction There is a considerable disagreement over the extent to which British courts may legitimately defer to legislative or executive interpretation of the European Convention on Human Rights. This disagreement is not limited to the law-journals,1 but weaves throughout Britain s burgeoning human rights However, very few seem to believe that DEFERENCE is illegitimate per se.

Interpretative and Deference Based Models of Judicial Restraint In The Irish Constitution 2 this view, authoritative reading of the Convention is (or should be) the sole preserve of the judiciary. The debate over deference in Irish constitutional jurisprudence, however, is no-where near as advanced as in the British context.

Loading..

Tags:

  Based, Model, Constitution, Restraints, Irish, Interpretative, Deference, Interpretative and deference based models, Restraint in the irish constitution

Information