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The prerogative and its survival in Ireland: dusty antique or positively useful?

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dc.contributor.author Cahillane, Laura
dc.date.accessioned 2017-06-02T09:21:09Z
dc.date.available 2017-06-02T09:21:09Z
dc.date.issued 2010
dc.identifier.uri http://hdl.handle.net/10344/5826
dc.description peer-reviewed en_US
dc.description.abstract Recently in Britain, there has been a discussion as to whether the Royal Prerogative is still a necessary part of the law. However, in Ireland, there is still confusion over whether the Prerogative actually exists in this jurisdiction. This is an issue which, if it had arisen during the debates on the Irish Free State Constitution, would have been irrevocably settled but it did not come up in 1922 and this has caused some controversy. This article examines the arguments for and against the survival of Prerogative in Ireland and the evidence in support of the various claims. The modern, seminal cases in which it was decided that Prerogative did not survive, and a more recent case in which the finality of the previous decisions was questioned, are first briefly examined. An examination of the various arguments in relation to Prerogative survival follows. Older cases from the 1920s and 1930s are then considered. Conclusions are drawn from the examination of the survival arguments and a solution proposed. Finally, the contemporary relevance of the Prerogative is considered. en_US
dc.language.iso eng en_US
dc.publisher University College Cork en_US
dc.relation.ispartofseries Irish Journal of Legal Studies;1 (2) article 1
dc.relation.uri http://ijls.ie/
dc.subject prerogative en_US
dc.subject constitution
dc.title The prerogative and its survival in Ireland: dusty antique or positively useful? en_US
dc.type info:eu-repo/semantics/article en_US
dc.type.supercollection all_ul_research en_US
dc.type.supercollection ul_published_reviewed en_US
dc.date.updated 2017-05-24T14:04:06Z
dc.description.version PUBLISHED
dc.rights.accessrights info:eu-repo/semantics/openAccess en_US
dc.internal.rssid 1578614
dc.internal.copyrightchecked Yes
dc.identifier.journaltitle Irish Journal of Legal Studies
dc.description.status peer-reviewed


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