Chapter

The Effect of European Community Law on Irish Law and the Irish Constitution

Nial Fennelly

in Continuity and Change in EU Law

Published in print March 2008 | ISBN: 9780199219032
Published online January 2009 | e-ISBN: 9780191711862 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199219032.003.0026
 The Effect of European Community Law on Irish Law and the Irish Constitution

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This chapter examines the impact of EC law on Irish courts. It is shown that Irish courts have generously embraced and applied Community law, its subject matter and its principles. Direct conflict has been avoided. The decisions of the Supreme Court in Meagher and in Maher demonstrate a willingness to abstain from constitutional scrutiny of measures necessitated by the obligations of membership, by application of a flexible test.

Keywords: EC; EU; Community law; Ireland; legal system

Chapter.  7468 words. 

Subjects: EU Law

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