Laura Cahillane

fundamental law of a State, to take cognisance of such considerations. These are the concerns of politics not of Constitutions; and a Constitution should be drafted on such broad lines as to permit the inclusion of many divergent policies from time to time.7 He also noted that Kennedy originally criticised the proposals which subsequently took shape in Executive B, with the remark that they would ‘lead to stagnation’. Letter on Draft C In O’Rahilly’s letter, he explained that, while he was unable to consult with his colleague Professor Murnaghan, he felt it advisable to

in Drafting the Irish Free State Constitution
Leslie C. Green

. As administrator of the occupied territory the Occupying Power is responsible for the maintenance of public order and safety. 19 Political laws like those concerning elections, and constitutional safeguards such as Habeas Corpus, cease to apply, as do laws constituting a threat to the security of the occupation, such as those relating to recruitment or the bearing of arms. However, the

in The contemporary law of armed conflict
Open Access (free)
The narrative
Sara De Vido

/survivors of violence and, at the same time, it reinforces the justiciability of the right to health at the international, regional and domestic levels. Background The relationship between violence against women and the violation of the right to health has not raised as much attention at the international level as 2 DE VIDO 9781526124975 PRINT.indd 2 24/03/2020 11:01 Introduction: the narrative  has the violation of other rights,8 in particular civil and political rights. As early as 1980, during the Second World Conference on Women, VAW was considered as a social

in Violence against women’s health in international law
Open Access (free)
A conceptualisation of violence against women’s health (VAWH)
Sara De Vido

full set of rights and interests of personhood begins at birth despite political, religious and humanitarian desires to protect foetal life.’175 Having a status means that it is more than a simple group of cells, as described by the Committee of Inquiry into Human Fertilisation and Embryology (Warnock Committee) in 1984,176 but that its interests cannot prevail over those ones of its mother. Birth is the turning point: ‘a cataclysmic event [that] propels the foetus into the context in which it can … be brought into membership with other human beings.’177 Moving to my

in Violence against women’s health in international law
Leslie C. Green

was an ‘outlaw’. Instead, following his surrender after Waterloo, he was handed over to the British, who exiled him to St Helena, a decision made on political, not legal, grounds but reflecting the view that his resort to war in breach of treaty was criminal. Criminalising war: Hague Convention III, 1907 20 The second International Peace Conference

in The contemporary law of armed conflict
Leslie C. Green

’ are clearly political, while what constitutes ‘international morality’ tends to be determined subjectively. The Principal Allied and Associate Powers also sought the trial ‘before military tribunals [of ] persons accused of having committed acts in violation of the laws and customs of war’, 34 and required Germany to hand over any person so accused. Germany refused, but itself tried some accused

in The contemporary law of armed conflict
Abstract only
Laura Cahillane

on 21 January 1919. The other two documents were the Dáil Constitution and the Declaration of Independence.) Draft A is similar and uses the same terms in the preamble but it is longer and sounds even more philosophical, as it speaks of taking ‘control of our destiny’ and developing the ‘spiritual aspirations of our people’.8 The preliminary Articles which follow mirror Draft B. Draft C contains a similar preamble,9 again asserting that political ­authority While copies of the Drafts were published by Farrell and by Akenson & Fallin, they have not previously been

in Drafting the Irish Free State Constitution
Leslie C. Green

, third states might intervene on behalf of rebels with whom they were politically sympathetic. Moreover, sometimes the parties to such a conflict have behaved inter se as if they were involved in an international conflict, 1 while third states, either because the scale of the conflict has gravely intensified or their own interests have been affected, have declared their neutrality and treated the conflict as if

in The contemporary law of armed conflict
Laura Cahillane

half” variety at this stage’.9 Whatever the view of recent academics, the British government of the time was extremely suspicious of this Pact and many of the discussions on the expected Constitution turned to the question of the election. Leo Kohn has observed that the Joe Lee, Ireland 1912–1985: Politics and Society (Cambridge, 1989), 58. The President was elected by the Assembly.  5 Collins–de Valera Pact, CAB43/7, 8.  6 Hugh Kennedy Papers, P4/308, University College Dublin Archives.  7 Dorothy Macardle, The Irish Republic (Dublin, 1999), 709–13.  8

in Drafting the Irish Free State Constitution
Leslie C. Green

the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations’. This is little more than a reiteration of the ban on force as an instrument of national policy in the Kellogg–Briand Pact. 1 It must, however, be read in conjunction with Chapter VII of the Charter, which states that ‘the Security Council shall

in The contemporary law of armed conflict