Citizenship Stripping, Fair Procedures, and the Separation of Powers: A Critical Comment on Damache v Minister for Justice.
Damache v Minister for Justice concerned a constitutional challenge to section 19 of the Irish Nationality and Citizenship Act 1956. This section outlined the statutory process the executive branch, acting through the Minister for Justice, had to follow before revoking a certificate of naturalisatio...
| Publicado en: | Modern Law Review Vol. 84; no. 6; pp. 1399 - 1414 |
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| Formato: | Artículo |
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Wiley-Blackwell
Nov2021
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| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=hlh&AN=153816613&site=ehost-live header: @attributes: shortDbName: hlh uiTerm: 153816613 longDbName: Humanities International Complete uiTag: AN controlInfo: bkinfo: jinfo: jid: 00267961 D8H jtl: Modern Law Review issn: 00267961 maglogo: Y pubinfo: dt: Nov2021 vid: 84 iid: 6 pid: 480 pub: Wiley-Blackwell artinfo: ui: 153816613 10.1111/1468-2230.12648 ppf: 1399 ppct: 15 formats: fmt: – @attributes: type: T – @attributes: type: P size: 197KB tig: atl: Citizenship Stripping, Fair Procedures, and the Separation of Powers: A Critical Comment on Damache v Minister for Justice. aug: su: Domestic relations lawsuits Family mediation Civil procedure Criminal law Criminal justice system United States sug: subj: United States Domestic relations lawsuits Family mediation Civil procedure Criminal law Criminal justice system ab: Damache v Minister for Justice concerned a constitutional challenge to section 19 of the Irish Nationality and Citizenship Act 1956. This section outlined the statutory process the executive branch, acting through the Minister for Justice, had to follow before revoking a certificate of naturalisation. The appellant successfully argued this process was an unconstitutional breach of fair procedures. The judgement will be of interest both to Irish and other public lawyers for its treatment of fair procedures, which the Supreme Court approached in a regrettably blinkered way – seeing only one constitutional principle when several others were at stake. The judgment is a stark reminder for both Irish and comparative lawyers of the fact that the concrete demands of fair procedures must be balanced with a range of competing institutional goods and principles equally important to constitutional democracies: from administrative efficiency to structural principles stemming from the separation of powers. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: Y custom: Copyright of Modern Law Review is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. item: Modern Law Review holder: Wiley-Blackwell dt: @attributes: year: 2021 holdings: @attributes: islocal: N |
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