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Institutional learning and adaptation to Europe
Nicholas Rees, Bríd Quinn, and Bernadette Connaughton

patterns of political behaviour. In the Irish case, there is evidence that Europeanisation has supported and in some cases prompted the emergence of new patterns of governance to address public policy issues. Note 1 The 1972 referendum did alter the relationship between the executive through inclusion of the legislature in the law making process leading to the establishment of the Joint Committee on Secondary Legislation (1974).

in Europeanisation and new patterns of governance in Ireland
Abstract only
Sibylle Scheipers

change in circumstances.1 There is a tendency in the negotiations, occasionally, to seek to transform human rights principles and prohibitions on state practice into new criminal law princi­ ples. But this treaty­making exercise cannot become a law­making exercise. The treaty must reflect what is currently international criminal law, not what we hope or even confidently predict may one day become criminal law.2 The preceding quotes both represent statements by US officials concerning the role of international law and its development or, rather, continuity. The first

in Negotiating sovereignty and human rights
Nicholas Rees, Bríd Quinn, and Bernadette Connaughton

with Pompidou marked a transition whereby Ireland’s application was revived and negotiations began in 1970. Ireland’s entry into the EEC Following the treaty of accession in 1972, Ireland became a member of the EEC on 1 January 1973. Although EEC membership was moulded by the expectation of economic benefits, it was apparent by 1970 that membership would entail implications of a political and social character. Membership altered the relationship between the executive and parliament (Oireachtas) as the latter no longer had the sole law-making power. This required an

in Europeanisation and new patterns of governance in Ireland
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An introduction
Katie Barclay

nineteenth-century North American moral geography’, Journal of Historical Geography, 35 (2009), 451–72. •  26  • BARCLAY PRINT.indd 26 11/10/2018 10:05 opening speeches 20 For example see: R. Pepitone, ‘Gender, space, and ritual: Women barristers, the Inns of Court, and the interwar press’, Journal of Women’s History, 28:1 (2016), 60–83; M.J. Mossman, ‘Women lawyers and law-making in nineteenth and ­twentieth-century Europe’, in E. Schandevyl (ed.), Women in Law and Law-Making in Nineteenth and Twentieth-Century Europe (Farnham: Ashgate, 2014), pp. 231–52; A. Logan

in Men on trial
Dionyssis G. Dimitrakopoulos

afford to ignore the challenge of dealing with the co-ordination of EU policy. Fourth, although this book focuses on the way in which central governments macro-implement EU policy, ignoring the potential impact of national parliaments would be a misleading omission. EU policy making is, to a great extent, law making because the EU is a community of law whose main means of action is the legally binding legislative measures that it adopts – in other words, it is a law-intensive organisation (Page and Dimitrakopoulos 1997). However, law-making at the domestic level has

in The power of the centre
James Mitchell

unsympathetic to devolution, following Smith’s death in 1994 did not diminish Labour’s support for a Welsh Assembly. Pro-devolution Labour members may have been ‘unsettled’ by Blair’s ‘modernisation’ agenda but this may even have ‘cemented support for devolution within Labour’ (Andrews 1999: 60). Ron Davies had proposed an assembly elected by a more proportional electoral system with tax-raising powers, primary law-making powers and taking over all the responsibilities of the Secretary of State for Wales. But anti-devolution sentiment inside Welsh Labour had not been stilled

in Devolution in the UK
Arthur B. Gunlicks

parliamentary systems in setting the agenda and relying on party cohesion to push through their policy initiatives, one could also point to a relatively passive law making role as performed by the parliament. One can also point to the general weakness of the French National Assembly or even the British House of Commons for comparative purposes. A strong legislature, after all, suggests an ability to defy the government in committees and in plenary sessions, to set its own agenda, and to act independently in general, not only in cases of divided government but even when the

in The Länder and German federalism
Eoin Daly and Tom Hickey

represent an exercise in popular sovereignty (in whichever of the above senses it might be understood). He argues that most analysis has centred on the question of whether referendums generally represent ‘an appropriate mechanism of law-making’,40 overlooking the theoretically distinctive character of constitutional referendums specifically. Constitutional referendums, he argues, have unique significance because of their peculiar subject: because they give the sovereign ‘people’ ‘direct control’ over both ‘constitutional identity’ and the ‘second-order rules’ for the

in The political theory of the Irish Constitution
Eoin Daly and Tom Hickey

relationship between power wielder and subject – even one in which actual interference through coercive law is minimal – is inimical to freedom as the subject does not enjoy ultimate control over the power wielder and is thus vulnerable to an alien will.2 To assess the full implications of this for judicial power over legislation would require a more comprehensive understanding of democracy, which is left for later in the chapter, but the immediate conclusion that can be drawn is that republican theory seems to require an institutional framework in which law-making power is

in The political theory of the Irish Constitution
Colin Copus

Toulmin Smith eloquently put it: In the preamble to the laws promulgated by King Alfred, by Authority of his Witena-germote, it is said: – ‘I dare not be so bold as set down for law aught much of my own; for this it is unknown to me what of it would be liked by those who shall live after us.’ That is the true spirit of the law-maker of a free country, 112 In defence of councillors and the result of his law-making. Exactly the reverse are the spirit and result of the law-making of our day. (Toulmin Smith, 2005: 155) Indeed, Toulmin Smith’s Local Self-Government and

in In defence of councillors