Kelly: The Irish Constitution

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Published: 31-10-2018

Authors:    Gerard Hogan, Gerry Whyte, David Kenny, Rachael Walsh

Format: Hardback

Edition: 5th

Extent: 3072

ISBN: 9781784516666

Imprint: Bloomsbury Professional


This seminal work, recognised as the authoritative and definitive commentary on Ireland's fundamental law, provides a detailed guide to the structure of the Irish Constitution.

Each Article is set out in full, in English and Irish, and examined in detail, with reference to all the leading Irish and international case law. 

It is essential reading for all who require knowledge of the Irish legal system and will prove a vital resource to legal professionals, students and scholars of constitutional and comparative law.

Since the last edition:
* The 27th Amendment abolished the constitutional jus soliright to Irish Nationality.
* The 28th Amendment allowed the State to ratify the Lisbon Treaty.
* The 29th Amendment relaxed the prohibition on the reduction of the salaries of Irish judges.
* The 30th Amendment allowed the State to ratify the European Fiscal Compact.
* The 31st Amendment was a general statement of children's rights and a provision intended to secure the power of the State to take children into care.
* The 33rd Amendment mandated a new Court of Appeal
* The 34th Amendment prohibited restriction on civil marriage based on sex.

These Amendments have led to a plethora of cases, all of which are covered in detail in this new edition. 



Part 1: Introduction

Chapter 1.1 Introduction 

Part 2: Preamble

Chapter 2.1 Preamble 

Part 3: The Nation and the State

Chapter 3.1 The Nation

Chapter 3.2 The State

Chapter 3.3 Citizenship

Chapter 3.4 State Property and Finance

Part 4: The Oireachtas

Chapter 4.1 The President

Chapter 4.2 Powers and Functions

Chapter 4.3 Dáil Éireann

Chapter 4.4 Seanad Éireann

Chapter 4.5 Legislation 

Part 5: Governance

Chapter 5.1 The Government

Chapter 5.2 Local Government

Chapter 5.3 External Relations

Chapter 5.4 Other Constitutional Organs 

Part 6: The Courts

Chapter 6.1 Judicial Function and Independence

Chapter 6.2 The High Court and Judicial Review

Chapter 6.3 The Supreme Court

Chapter 6.4 The Judiciary

Chapter 6.5 Trial of Offences 

Part 7: Social and Fundamental Rights

Chapter 7.1 Introduction to Fundamental Rights

Chapter 7.2 Equality

Chapter 7.3 Personal Rights

Chapter 7.4 Liberty

Chapter 7.5 Expression, Assembly and Association

Chapter 7.6 The Family and Education

Chapter 7.7 Private Property

Chapter 7.8 Religion

Chapter 7.9 Directive Principles of Social Policy

Part 8: Constitutional Change and Transition

Chapter 8.1 Amendment and Referenda

Chapter 8.2 Repeal and Continuance

Chapter 8.3 Transitory Provisions


“Pitched as it is – broad, precise, detailed, staggeringly comprehensive, and with lengthier critical analysis at frequent but selected junctures these keepers of the Kelly flame manage to balance the various considerations such that it
makes its extraordinary and foundational contribution to our understanding of Irish constitutional law.
” –  Dr Tom Hickey, Hibernian Law Journal 2019, 18(1)

“Learned and thought-provoking...This [4th] edition, like its predecessors, will be an essential buy for lawyers and students of law. But, also like its predecessors, it will equally be invaluable for politicians, journalists, potential constitutional challengers and pub lawyers everywhere.” –  Carol Coulter, The Irish Times

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