How to Interpret the Irish Constitution: Tomas Heneghan v Minister for Housing
23 Pages Posted: 4 Mar 2025
Date Written: January 01, 2024
Abstract
This paper explores the judgment of Murray J in the Tomas Heneghan case as it pertains to 'constitutional interpretation'. Specifically, it looks at how and why Murray J endorses the Henchy J 'harmonious' or 'spirit-based' approach, in apparent preference to the more 'formalist' or 'literalist' approach of O'Higgins CJ.
Keywords: Constitutional Law, Judicial Review, Legal Theory, Interpretation
Suggested Citation: Suggested Citation
Hickey, Tom, How to Interpret the Irish Constitution: Tomas Heneghan v Minister for Housing (January 01, 2024). Available at SSRN: https://ssrn.com/abstract=5164534 or http://dx.doi.org/10.2139/ssrn.5164534
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