Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Search

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

1 results

  • 7 - The Minority Rights Implications of Irish Unification

  • from Part I - Territorial Pressures in Ireland and the United Kingdom
  • Edited by Oran Doyle, Trinity College Dublin, Aileen McHarg, University of Durham, Jo Murkens, London School of Economics and Political Science
  • Book:
    The Brexit Challenge for Ireland and the United Kingdom
    Published online:
    17 August 2021
    Print publication:
    26 August 2021, pp 153-172

  • Summary

    In this chapter I explore how Irish unification may affect the attitude of the Irish courts towards minority rights adjudication. First I examine minority rights protection under the current Constitution of Ireland. I show that the Irish judiciary have not developed an understanding that their constitutional function includes a particular role in ensuring the rights of minorities specifically are protected against attack. I then consider how unification, and the incorporation into the Irish constitutional order of a large and politically significant minority - the Ulster Scots/Ulster British population of Northern Ireland – could affect judicial attitudes towards minority rights. I ground this analysis on comparative constitutional research, particularly of American and Canadian jurisprudence. In this, building on the contribution of Doyle, Kenny, and McCrudden in this volume, I also consider how maintaining consociationalism for what is presently Northern Ireland upon unification may also inform the judiciary’s understanding of their role in adjudicating upon minority rights claims.