CONSTITUTIONAL LAW QUESTION, ADVICE NEEDED PLEASE!

alan.matthews

Hey all,

First year LLB student, just got a question from my lecturer and I'm completely stumped.. Need to have a basic idea of it and how to do by the next class.

Could anyone have a quick read and make some suggestions on how I go about doing it? Thanks all.

“[T]he Supreme Court [has] excluded non-marital families from the protection of Article 41, while holding out the possibility of some constitutional protection for non-marital-type relations under other constitutional provisions” – Doyle, Constitutional Law: Text, Cases and Materials
Discuss this statement with reference to the approach the Irish Supreme and High Court have adopted to the interpretation of ‘the Family’ in the Constitution. Cite examples of alternative approaches which the Irish Courts could have adopted to this interpretation.

Procrastastudy

LOL As you walk into the Library though to the study room stop and have a look at the law periodicals for a start!

Also dont be afriad to ask Robbie he knows where everything is on Westlaw, Justis &c.

And... why not pick up Doyle and read the chaper that is in...

Carawaystick

Look up the difference between Clann and Teaghlach...

fufureida

Dude, this is your assignment. We are all doing the research ourselves, don't be lazy like.

Procrastastudy

Ooooh how telling it is on who's who given what avenue they are going down on their research!

paky

fufureida wrote: »

Dude, this is your assignment. We are all doing the research ourselves, don't be lazy like.

i disagree. boards can be considered a research method too. people use different methods of learning

Avatargh

paky wrote: »

i disagree. boards can be considered a research method too. people use different methods of learning

And some methods are worthy or meritorious and others aren't.

There is a point to doing a legal essay which involves finding a start point in research, usually in the traditional sources or online sources.

The point is to learn from sources rather than other people as to how to get a start on it. Give a man a fish etc....

Lockstep

I had the same problem when I was in first year, I asked boards for help on how to get to grips with constitutional law and they were very helpful!
They must have done something right as I ended up with a first.

fufureida

there is one thing asking for help on a general concept, or even something in the books, or a topic, or to do with a case. But asking people to help you do your assignment is something else. I just think if its your assignment, it should show your research. Not the research and know how of people on the net, who by the way, could be wrong. Its not something I am willing to risk for an assignment, but I do find it helpful to ask questions to put a difficult concept in a new light.

However, this part of the question:

"Cite examples of alternative approaches which the Irish Courts could have adopted to this interpretation."

this is the part that has caught me off, but after doing my research I believe its referring to the ECHR (cases to do with same-sex, cohabiting couples..)and how some protection is offered by the Constitution? Correct me if I'm wrong.

Strawberry Fields

look up the 2009 civil partnership and co habitees act. lol.

Procrastastudy

/facepalm

Read the first item on the reading list it'll give you atleast 3 alternative examples!

The Wiemar republic being one

fufureida

GCDLawstudent wrote: »

/facepalm

Read the first item on the reading list it'll give you atleast 3 alternative examples!

The Wiemar republic being one

Are you referring to the All Party Oireachtas Committee on the Constitution?

Procrastastudy

I might be or I might just be taking the ****

fufureida

GCDLawstudent wrote: »

I might be or I might just be taking the ****

Um, ok, lol.

Procrastastudy

Well it more draws parells to be fair

fufureida

GCDLawstudent wrote: »

Well it more draws parells to be fair

what does parells mean?

Procrastastudy

Read it :P Or it might be my spell check.

fufureida

GCDLawstudent wrote: »

Read it :P Or it might be my spell check.

Read what? Don't you mean "parallels"?

Procrastastudy

I do like! :P

fufureida

Ok I have no idea what you are talking about.
Back on topic: I believe that the "cite alternative examples" is basically asking to look at different jurisdictions, how they deal with the family unit and how this can be implemented into Ireland.

Procrastastudy

Wiemar Republic, Germany (current basic law) and the US are in the very first item on the reading list...

fufureida

GCDLawstudent wrote: »

Wiemar Republic, Germany (current basic law) and the US are in the very first item on the reading list...

I don't have that reading list, will you send it to me in a message?

Procrastastudy

Yes you do - moodle - assignement title blah blah not very imagnative essay title... instructions... big long reading list... you've already mentioned the source.

fufureida

GCDLawstudent wrote: »

Yes you do - moodle - assignement title blah blah not very imagnative essay title... instructions... big long reading list... you've already mentioned the source.

Ok, I know what you are on about now. You are talking about The Family publication?
Assignment is already finished for the most part, just adding in bits and pieces now. I really wish I started earlier though... -_-

Procrastastudy

fufureida wrote: »

Ok, I know what you are on about now. You are talking about The Family publication?
Assignment is already finished for the most part, just adding in bits and pieces now. I really wish I started earlier though... -_-

I might start tomorrow :P - yes 10th annual report of thingy - were just like zie germans... thats literally how I'm going to reference it :P

You have Rodders or Sophie?

fufureida

GCDLawstudent wrote: »

I might start tomorrow :P - yes 10th annual report of thingy - were just like zie germans... thats literally how I'm going to reference it :P

You have Rodders or Sophie?

Ehm, I don't know what you are talking about when you mean Rodders or Sophie? You mean who is my lecturer?

Hmm, 1 problem with your plan.. it doesnt allude to an alternative approach it just talks about how we are the same as zie germans... ._.

Procrastastudy

fufureida wrote: »

Ehm, I don't know what you are talking about when you mean Rodders or Sophie? You mean who is my lecturer?

Hmm, 1 problem with your plan.. it doesnt allude to an alternative approach it just talks about how we are the same as zie germans... ._.

I'm obviosuly not basing the entire assignment off one peice of reading... when I eventually start the bloody thing that is.

Most of my alternative approaches are bease on the lives of the Abenaki people.

Procrastastudy

Trolling aside

Germany - Catholic Country but more liberal - BnaE based on parts of the Wiemar const.

Cananda, Aus and NZ more liberal Commonwealth countries I know we're not strictly a CW country but we do share a lot of culture with former Brit Colonies.

South American Countries for a more conservative catholic approach more of a side line as play to your audience if you have Rodders...

May chuck in the US for the constitutional differences.

While doing this keep tieing it back to decisions of the HC and SC... did they even interpret BnaE correctly?

Some on in our class has even chucked some Irish translations into the mix...

FreudianSlippers

Lockstep wrote: »

I had the same problem when I was in first year, I asked boards for help on how to get to grips with constitutional law and they were very helpful!
They must have done something right as I ended up with a first.

Big difference there. How do I get to grips rather than what's the answer.

Good advice on how to find the answer yourself is worth more than just getting the answer!

fufureida

GCDLawstudent wrote: »

Trolling aside

Germany - Catholic Country but more liberal - BnaE based on parts of the Wiemar const.

Cananda, Aus and NZ more liberal Commonwealth countries I know we're not strictly a CW country but we do share a lot of culture with former Brit Colonies.

South American Countries for a more conservative catholic approach more of a side line as play to your audience if you have Rodders...

May chuck in the US for the constitutional differences.

While doing this keep tieing it back to decisions of the HC and SC... did they even interpret BnaE correctly?

Some on in our class has even chucked some Irish translations into the mix...

Ok, what the hell do you mean by rodders and BnaE?

nuac

If you are studying Constitutional Law you read Bunreacht na h-Eireann.

You are getting good advice here but you should hit the books and cases yourself.

Good luck