eprintid: 1454525
rev_number: 40
eprint_status: archive
userid: 608
dir: disk0/01/45/45/25
datestamp: 2014-11-06 02:01:02
lastmod: 2024-09-21 06:10:03
status_changed: 2017-10-18 16:14:10
type: article
metadata_visibility: show
item_issues_count: 0
creators_name: O'Cinneide, C
title: "Zones of Constitutionalisation" and the Regulation of State Power: The Missing Social Dimension to the Irish Constitutional Order
ispublished: pub
divisions: UCL
divisions: A01
divisions: B03
divisions: C02
note: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
abstract: Constitutions steer and direct the exercise of state power in various ways. In so doing, they mark
out a ‘zone of constitutionalisation’, within which substantive legal and/or political constraints
are imposed upon the freedom of action otherwise generally enjoyed by the legislative and
executive branches of governments. Different constitutional systems map out their zones of
constitutionalisation in different ways: Anglo-American states tend to adopt a narrower
approach in this regard than do countries in other parts of the democratic world. In particular,
Anglo-American constitutional systems usually lack a ‘social dimension’, ie they do not attempt
to direct how the executive and legislative branches of government go about giving effect to
principles of social justice, in contrast to the systems of many states in continental Europe and
the Global South. The Irish constitutional system has at best an attenuated social dimension,
reflected in the hollowed-out provisions of the Directive Principles set out in Article 45 of the
1937 Constitution: in this respect, Ireland adheres closely to the standard Anglo-American
constitutional template. However, this lack of a social dimension leaves a gap in the framework
of Irish constitutionalism, as illustrated by a comparison with Germany and other jurisdictions.
As a consequence, it is time that serious debate started as to how the Irish zone of
constitutionalisation could be reconfigured so as to accommodate some recognition of the right
of individuals to live in ‘material conditions consistent with human dignity’.
date: 2014
publisher: Clarus
official_url: https://heinonline.org/HOL/P?h=hein.journals/dubulj37&i=179
vfaculties: VDLAWS
oa_status: green
full_text_type: other
language: eng
primo: open
primo_central: open_green
article_type_text: Journal article
verified: verified_manual
elements_source: Manually entered
elements_id: 990556
lyricists_name: O'Cinneide, Colm
lyricists_id: CPOCI55
actors_name: Flynn, Bernadette
actors_id: BFFLY94
actors_role: owner
full_text_status: public
publication: Dublin University Law Journal
volume: 37
place_of_pub: Dublin
pagerange: 322-347
pages: 25
event_location: Ireland
issn: 0332-3250
editors_name: Doyle, O
citation:        O'Cinneide, C;      (2014)    "Zones of Constitutionalisation" and the Regulation of State Power: The Missing Social Dimension to the Irish Constitutional Order.                   Dublin University Law Journal , 37    pp. 322-347.          Green open access   
 
document_url: https://discovery-pp.ucl.ac.uk/id/eprint/1454525/1/O%27Cinneide_Zones-of-Constitutionalisation.pdf