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EC Membership and the Judicialization of British Politics$
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Danny Nicol

Print publication date: 2001

Print ISBN-13: 9780199247790

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199247790.001.0001

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The Irish Comparison

The Irish Comparison

Chapter:
(p.117) 5. The Irish Comparison
Source:
EC Membership and the Judicialization of British Politics
Author(s):

Danny Nicol

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199247790.003.0005

This chapter contrasts British parliamentary understandings of the constitutional implications of accession with those in Ireland, to establish the extent to which the state of knowledge of British parliamentarians might have been conditioned by the peripheral role of law in the pre-accession constitution. It is possible that Irish TDs were no less anxious to safeguard the justiciable fundamental rights laid down in the constitution of Ireland, whereas British MPs may have been concerned to preserve parliamentary sovereignty. The chapter evaluates the comparative legal competence of the Oireachtas in relation to the potential power of both the ECJ and the national courts.

Keywords:   constitution, Ireland, Oireachtas, ECJ

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