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11th November 2017
2017The Constitution at 80
Conference Conveners/Contact Details
Dr. Laura Cahillane [email protected] David Kenny [email protected]
UL Conference TeamHope DavidsonStephen Strauss-WalshCailtin Moyne
For general queries, please contact [email protected]
Directions to University of Limerick
How to find the University
UL is located in the Castletroy area of Limerick city, just off the M7 Limerick/Dublin motorway. From the south and west, take exit 30 off the M7 Northbound and follow the signs for the University. From the East/Midlands, take exit 28 off the M7 Southbound and follow the signs for the University.
The best route to get to Limerick by road can be found by logging onto this route planner https://www.maps.ie/route-planner.htm
UL is served by several bus routes directly from Colbert train station/Sexton Street in the city. Take the Bus Eireann 304 which runs every 15 mins. The 307 or 308 runs every hour from William
Street also stops on campus. The M7 (“green”) coach also has a stop on campus and runs every half hour.
AccommodationCampus AccommodationThe University of Limerick is delighted to welcome delegates attending the Conference to on campus accommodation at Brennan Court. Guesthouses consist of 4 bedrooms per house, each bedroom with a double bed (for single occupancy), a private, en-suite shower and toilet. Guests share a comfortable living room and fully equipped kitchen. Free car parking and internet access are also available. The price is €55.00 self-catering, per person, per night. For booking and more information see: http://campuslifeweb.ul.ie/LimerickBnB/
Other nearby accommodation
Castletroy Park Hotel
Kilmurray Lodge Hotel
The Travelodge
Conference LocationThe University of Limerick
Information on the University is available here,
Campus maps are available here www.ul.ie/buildings/ga/content/campus-maps
and this link provides a virtual tour.
The Conference will take place in the Irish World Academy of Music and Dance (circled in red on the map underneath)
Free parking is available behind the venue next to the Pavilion and the all-weather pitches.
Keynote Speakers
The Hon. Mr Justice Donal O’Donnell, Judge of the Supreme Court
Mr. Justice Donal O'Donnell was born in Belfast and educated at St Mary's C.B.S., University College Dublin (B.C.L.), King's Inns (B.L.) and the University of Virginia (LL.M).
He was called to the Irish Bar in 1982, commenced practice in 1983 and was called to the Bar of Northern Ireland in 1989. He took silk in
1995 and has practised in all Courts in Ireland, in the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR).
His father, Lord Justice Turlough O'Donnell, was a member of the Northern Ireland High Court and the Court of Appeal between 1971 and 1990 and subsequently became a part-time member of the Irish Law Reform Commission. Donal O'Donnell was a member of the Law Reform Commission from 2005 to 2012.
He became a Bencher of the King's Inns in 2009 and was appointed to the Supreme Court in 2010.
Emily Logan, Chief Commissioner of the Irish Human Rights and Equality Commission
Emily Logan is the first Chief Commissioner of the Irish Human Rights and Equality Commission appointed by President Michael D Higgins on 31 October 2014, following an open competition.
In the decade prior to her appointment, Ms Logan served as Ireland’s first Ombudsman for Children, accounting directly to the Oireachtas. In accordance with its remit as a national human rights institution for
children, Ms Logan progressed the rights of children without parental care, in particular separated children, children in care and children deprived of their liberty. Over her period in the Ombudsman for Children’s Office, Ms Logan advocated an amendment to the Irish Constitution to further enhance the rights of children.
In 2008, she was appointed by her peers to the position of President of the European Network of Ombudsmen for Children, a network of 40 Ombudsman for Children Offices across Council of Europe member states and remained on the executive until September 2011.
Ms Logan graduated from Queens University with an LLM in Human Rights Law, University College Dublin with an MBA and Diploma in Mediation, and from City University London with an MSc in Psychology. She was awarded two honorary Degrees of Doctor of Laws (LLD) from the National University of Ireland, Maynooth and from University College Dublin.
Programme Summary
9.00 – 9.45 Welcome and Opening Address
Keynote 1
9.50-11.30 Parallel Sessions 1
(A) (B) (C)
11.30 -11.45 Coffee Break
11.45-1.15 Parallel Sessions 2
(D) (E) (F)
1.15 – 2.15pm Lunch
2.15-3.45 Parallel Sessions 3
(G) (H) (I)
3.45 – 4pm Coffee Break
4.00-5.45 Parallel Sessions 4
(J) (K) (L)
5.45 -6.30 Closing Plenary
Keynote 2
6.30 Conference Dinner
Streams
A.THE EXECUTIVE AND THE LEGISLATURE
Conor Casey: Underexplored Corners: Inherent Executive Power in the Irish Constitutional Order
James Meighan: The Development of the Executive from 1922 to 1937
Dr. Maria Cahill: The changing interpretations of exclusive legislative authority in 15.2.1
B.SOVEREIGNTY
Dr. Eoin Daly: Paradoxes of the popular sovereign
Dr. Tom Hickey: Popular Sovereignty After Pringle v Government of Ireland
Dr. David Fennelly: Ireland's International Constitution
C. THE CONSTITUTION: DRAFTING AND INFLUENCES
Dr. Donal Coffey: The drafting of the Irish Constitution 1937: Influences and Legal Insights
Patrick O’Callaghan: The Influence of Bunreacht na hEireann on the Spanish Constitution of 1978
Dr Eugene Broderick: John Hearne, Architect of Bunreacht na hEireann
D. UNENUMERATED RIGHTS AND JUDICIAL ACTIVISM
Dr. Conor O’Mahony: Unenumerated Rights: Possible Future Directions after NVH?
Finn Keyes: Our Herculean Judiciary?: The Interpretive Attitude and the Unenumerated Rights Doctrine
Mr Justice Gerard Hogan: Harkening to the Tristan Chords: the Constitution at 80
E. PROPERTY, SOCIAL ECONOMIC RIGHTS AND INJUSTICIABILITY
Dr. Eoin O’Dell: Property Rights, Proportionate Restrictions, and Media Pluralism
Dr. Claire M Smyth: Social and Economic Rights, Irish Constitution and International Obligations
James Rooney: The Injusticiable Constitution and the Common Good: The Preamble and Directive Principles in Contrast
F. CRIMINAL LAW AND THE CONSTITUTION
Dr. David Prendergast: Vague Offences and the Constitution
Dr. Ger Coffey: Is there a Constitutional Imbalance between the Rights of Defendants and the Rights of Victims?
G: AN BUNREACHT AGUS AN GAEILGE
Dr Seán Ó Conaill: An Ghaeilge agus an Reifreann [The Irish language and the Referendum]
Daithi Mac Carthaigh: Ó Maicín - An Ghaeilge agus an giúiré [Ó Maicín – The Irish speaking Jury]
H. JUDGES AND THE CONSTITUTION
John O’Dowd: Approaches to adjudication
Prof. Donncha O’Connell: Making the Irish Constitution Work: The Correspondence of Mr Justice Brian Walsh with Justice William Brennan
Dr. David Kenny: Judges, Dialogue, and Remedial Innovation
I. CONSTITUTIONAL CHANGE AND POSSIBILITIES
Dr. Oran Doyle: Constitutional Change in Ireland
Mr Justice Hugh O’Flaherty: Unpolished nuggets in the Constitution
Mr Justice Richard Humphreys: The 1937 Constitution at 80: the next 80 years?
J. NEW PERSPECTIVES
Bronach Rafferty: ‘We' the People? A reconstitution of the Constitution through the lens of the Irish Literary Revival and Kramer's popular constitutionalism
Patrick O’Sullivan: The Northern Question: Time for a Federal Ireland?
Edoardo Celeste: The Irish Constitution between Past and Future: the Challenges of the Digital Age
Conor Crummey: Constitutional Obligations as Genuine Moral Obligations
K: MEDICAL ISSUES AND THE CONSTITUTION
Dr. Alan Brady: The problem of deprivation of liberty as a vindication of rights.
Hope Davidson: When is a voluntary patient not a voluntary patient? The liberty guarantee and mental health
Lucy Davis: The concept of patient autonomy under the Irish Constitution
Dr Donna Lyons: The Constitutionality of Extending the ‘Right to Identity’ to Donor-Conceived Children in Ireland
L. WOMEN AND THE CONSTITUTION
Dr. Laura Cahillane: Article 41.2 and the Place of Women in the Constitution
Dr. Joan Lalor & Prof. Fionnuala McAuliffe: From bedside to Court side- The impact of Article 40.3.3 on maternity care and practices.
Maeve O’Rourke: What meaning have constitutional rights for those affected by Ireland's system of Magdalene Laundries, Mother and Baby Homes and related institutions, and forced adoption?
Stephen Strauss-Walsh: The Female Victim: Has Any Progress been made in the Past 80 Years?
Participants
Name AffiliationEmily Logan IHRECThe Hon. Mr Justice Donal O’Donnell JudgeThe Hon. Mr. Justice Richard Humphreys JudgeThe Hon. Mr Justice Gerard Hogan JudgeDr. David Prendergast TCDDr. Claire M Smyth BrightonDr. Eoin Daly NUIGConor Casey TCD (PhD Cand)Dr. Eoin O’Dell TCDJames Rooney TCD (PhD Cand)Edoardo Celeste UCD (PhD Cand)Dr. Joan Lalor & Prof. Fionnuala McAuliffe
TCD & UCD
Dr. Conor O’Mahony UCCDr. Oran Doyle TCDDr. Donal Coffey Max PlanckPatrick O’Sullivan UCC/ NUIG PhD CandJohn O’Dowd UCDProf. Donncha O’Connell NUIG Lucy Davis UL PhD Cand Finn Keyes LRCDr Donna Lyons TCDBronach Rafferty TCD (PG)Dr. Alan Brady TCDConor Crummey UCL PhD CandHope Davidson UL PhD CandDr. Maria Cahill UCCPatrick O’Callaghan BarristerDr. Laura Cahillane ULDr. David Kenny TCDDr. Ger Coffey ULThe Hon. Mr Justice Hugh O’Flaherty Judge (Retired)James Meighan UL (PhD cand)Dr. Tom Hickey DCUDr. David Fennelly TCDDr Eugene Broderick Waterford Museum of TreasuresDr Seán Ó Conaill UCCDaithi Mac Carthaigh Barrister
Maeve O’Rourke Barrister (PhD Cand )Birmingham
Stephen Strauss-Walsh UL PhD Cand
Full ProgrammeSaturday 11th November8.30-9.00 Registration Irish World Academy of Music and Dance entrance
9.00 – 9.45 Welcome and Opening Address
Keynote 1
09.50-11.30 Parallel Sessions 1
Room:
Chair:A.THE EXECUTIVE AND THE LEGISLATURE
Conor Casey: Underexplored Corners: Inherent Executive Power in the Irish Constitutional Order
James Meighan: The Development of the Executive from 1922 to 1937
Dr. Maria Cahill: The changing interpretations of exclusive legislative authority in 15.2.1
Room:
Chair:
B.SOVEREIGNTY
Dr. Eoin Daly: Paradoxes of the popular sovereign
Dr. Tom Hickey: Popular Sovereignty After Pringle v Government of Ireland
Dr. David Fennelly: Ireland's International Constitution
Room:
Chair:
C. THE CONSTITUTION: DRAFTING AND INFLUENCES
Dr. Donal Coffey: The drafting of the Irish Constitution 1937: Influences and Legal Insights
Patrick O’Callaghan: The Influence of Bunreacht na hEireann on the Spanish
Constitution of 1978
Dr Eugene Broderick: John Hearne, Architect of Bunreacht na hEireann
11.30-11.45 Tea/Coffee
11.45-1.15 Parallel Sessions 2
Room:
Chair:
D. UNENUMERATED RIGHTS AND JUDICIAL ACTIVISM
Dr. Conor O’Mahony: Unenumerated Rights: Possible Future Directions after NVH?
Finn Keyes: Our Herculean Judiciary?: The Interpretive Attitude and the Unenumerated Rights Doctrine
Mr Justice Gerard Hogan: Harkening to the Tristan Chords: the Constitution at 80
Room:
Chair:
E. PROPERTY, SOCIAL ECONOMIC RIGHTS AND INJUSTICIABILITY
Dr. Eoin O’Dell: Property Rights, Proportionate Restrictions, and Media Pluralism
Dr. Claire M Smyth: Social and Economic Rights, Irish Constitution and International Obligations
James Rooney: The Injusticiable Constitution and the Common Good: The Preamble and Directive Principles in Contrast
Room:
Chair:
F. CRIMINAL LAW AND THE CONSTITUTION
Dr. David Prendergast: Vague Offences and the Constitution
Dr. Ger Coffey: Is there a Constitutional Imbalance between the Rights of Defendants and the Rights of Victims?
1.15-2.15 Lunch in the Millstream Restaurant
2.15-3.45 Parallel Sessions 3
Room:
Chair:
G: AN BUNREACHT AGUS AN GAEILGE
Dr Seán Ó Conaill: An Ghaeilge agus an Reifreann [The Irish language and the Referendum]
Daithi Mac Carthaigh: Ó Maicín - An Ghaeilge agus an giúiré [Ó Maicín – The Irish speaking Jury]
TBC
Room:
Chair:H. JUDGES AND THE CONSTITUTION
John O’Dowd: Approaches to adjudication
Prof. Donncha O’Connell: Making the Irish Constitution Work: The Correspondence of Mr Justice Brian Walsh with Justice William Brennan
Dr. David Kenny: Judges, Dialogue, and Remedial Innovation
Room:
Chair:I. CONSTITUTIONAL CHANGE AND POSSIBILITIES
Dr. Oran Doyle: Constitutional Change in Ireland
Mr Justice Hugh O’Flaherty: Unpolished nuggets in the Constitution
Mr Justice Richard Humphreys: The 1937 Constitution at 80: the next 80 years?
3.45-4.00 Tea/coffee
4.00-5.45 Parallel Sessions 4
Room:
Chair:
J. NEW PERSPECTIVES
Bronach Rafferty: ‘We' the People? A reconstitution of the Constitution through the lens of the Irish Literary Revival and Kramer's popular constitutionalism
Patrick O’Sullivan: The Northern Question: Time for a Federal Ireland?
Edoardo Celeste: The Irish Constitution between Past and Future: the Challenges of the Digital Age
Conor Crummey: Constitutional Obligations as Genuine Moral Obligations
Room:
Chair:
K: MEDICAL ISSUES AND THE CONSTITUTION
Dr. Alan Brady: The problem of deprivation of liberty as a vindication of rights.
Hope Davidson: When is a voluntary patient not a voluntary patient? The liberty guarantee and mental health
Lucy Davis: The concept of patient autonomy under the Irish Constitution
Dr Donna Lyons: The Constitutionality of Extending the ‘Right to Identity’ to Donor-Conceived Children in Ireland
Room:
Chair:L.. WOMEN AND THE CONSTITUTION
Dr. Laura Cahillane: Article 41.2 and the Place of Women in the Constitution
Dr. Joan Lalor & Prof. Fionnuala McAuliffe: From bedside to Court side- The impact of Article 40.3.3 on maternity care and practices.
Maeve O’Rourke : What meaning have constitutional rights for those affected by Ireland's system of Magdalene Laundries, Mother and Baby Homes and related institutions, and forced adoption?
Stephen Strauss-Walsh: The Female Victim: Has Any Progress been made in the Past 80 Years?
5.45 -6.30 Keynote 2 and Conference close
6.30 Dinner in the Millstream Restaurant
Constitution at 80