Hickey, Thomas ORCID: 0000-0001-7618-6786 (2022) Reading TD Down. Judicial Studies Institute Journal, 6 (3). pp. 19-28.
Abstract
This article argues that TD v Minister for Education was about something more specific than has been supposed in the academic literature. Rather than being about the justiciability of socio-economic rights in principle, or the separation of powers broadly, it was an appeal about whether a High Court judge had the jurisdiction to hand down a very particular order: one concerning particular high-support units, in particular locations, and by particular deadlines.
The article argues that the ruling in TD, when understood as such, can be readily justified as a matter of constitutional principle, and can also be reconciled with the much more considered analysis of judicial review of executive power in Elijah Burke v Minister for Education. It concludes that TD can be ‘read down’ in future, fading into its rightful place in the background of Irish constitutional law.
Metadata
Item Type: | Article (Published) |
---|---|
Refereed: | Yes |
Subjects: | Social Sciences > Law |
DCU Faculties and Centres: | DCU Faculties and Schools > Faculty of Humanities and Social Science > School of Law and Government |
Publisher: | Irish Judicial Studies |
Official URL: | https://www.ijsj.ie/assets/uploads/documents/2022%... |
Copyright Information: | © 2022 The Author |
ID Code: | 28182 |
Deposited On: | 21 Mar 2023 12:34 by Thomas Hickey . Last Modified 20 Apr 2023 17:07 |
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