The financial crisis as a turning point for constitutional rights jurisprudenceCitation formats

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The financial crisis as a turning point for constitutional rights jurisprudence : an assessment of the absence of social rights protection in the Irish Constitution. / Dewhurst, Elaine.

European welfare state constitutions after the financial crisis. ed. / Ulrich Becker; Anastasia Poulou. Oxford : Oxford University Press, 2020.

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Dewhurst, Elaine. / The financial crisis as a turning point for constitutional rights jurisprudence : an assessment of the absence of social rights protection in the Irish Constitution. European welfare state constitutions after the financial crisis. editor / Ulrich Becker ; Anastasia Poulou. Oxford : Oxford University Press, 2020.

Bibtex

@inbook{5a7dfb58b6c7418da4740b956477dd11,
title = "The financial crisis as a turning point for constitutional rights jurisprudence: an assessment of the absence of social rights protection in the Irish Constitution",
abstract = "In 2008, Ireland faced an economic crisis without parallel in its recent history. To address this crisis, a large programme of financial assistance was obtained from the European Union and the IMF, and the Irish government set about the process of reforming the structure and financing of social security benefits and the healthcare system to ameliorate the effects of the crisis. While much can be said about the legislative reforms, their rationale, necessity, and impact, this chapter addresses the legacy of the crisis on the Irish constitutional system and, particularly, on the Irish constitutional protection of social rights (or lack thereof). Following an analysis of the limited case law surrounding the reforms imposed during the economic crisis, it is contended that the economic crisis had the effect of highlighting the lack of explicit constitutional protection of social rights, a deficiency which in turn created an opportunity for the utilisation of other existing and emerging constitutional rights. While the future of social rights in the Irish Constitution is still unclear, it is evident that the economic crisis has left an indelible mark on the Irish constitutional landscape.",
keywords = "Ireland, IMF, EU, social welfare reforms, healthcare reforms, civil rights, right to property, right to equality, Irish Constitution",
author = "Elaine Dewhurst",
year = "2020",
month = nov,
day = "25",
doi = "10.1093/oso/9780198851776.003.0007",
language = "English",
isbn = "9780198851776",
editor = "Ulrich Becker and Poulou, {Anastasia }",
booktitle = "European welfare state constitutions after the financial crisis",
publisher = "Oxford University Press",
address = "United Kingdom",

}

RIS

TY - CHAP

T1 - The financial crisis as a turning point for constitutional rights jurisprudence

T2 - an assessment of the absence of social rights protection in the Irish Constitution

AU - Dewhurst, Elaine

PY - 2020/11/25

Y1 - 2020/11/25

N2 - In 2008, Ireland faced an economic crisis without parallel in its recent history. To address this crisis, a large programme of financial assistance was obtained from the European Union and the IMF, and the Irish government set about the process of reforming the structure and financing of social security benefits and the healthcare system to ameliorate the effects of the crisis. While much can be said about the legislative reforms, their rationale, necessity, and impact, this chapter addresses the legacy of the crisis on the Irish constitutional system and, particularly, on the Irish constitutional protection of social rights (or lack thereof). Following an analysis of the limited case law surrounding the reforms imposed during the economic crisis, it is contended that the economic crisis had the effect of highlighting the lack of explicit constitutional protection of social rights, a deficiency which in turn created an opportunity for the utilisation of other existing and emerging constitutional rights. While the future of social rights in the Irish Constitution is still unclear, it is evident that the economic crisis has left an indelible mark on the Irish constitutional landscape.

AB - In 2008, Ireland faced an economic crisis without parallel in its recent history. To address this crisis, a large programme of financial assistance was obtained from the European Union and the IMF, and the Irish government set about the process of reforming the structure and financing of social security benefits and the healthcare system to ameliorate the effects of the crisis. While much can be said about the legislative reforms, their rationale, necessity, and impact, this chapter addresses the legacy of the crisis on the Irish constitutional system and, particularly, on the Irish constitutional protection of social rights (or lack thereof). Following an analysis of the limited case law surrounding the reforms imposed during the economic crisis, it is contended that the economic crisis had the effect of highlighting the lack of explicit constitutional protection of social rights, a deficiency which in turn created an opportunity for the utilisation of other existing and emerging constitutional rights. While the future of social rights in the Irish Constitution is still unclear, it is evident that the economic crisis has left an indelible mark on the Irish constitutional landscape.

KW - Ireland

KW - IMF

KW - EU

KW - social welfare reforms

KW - healthcare reforms

KW - civil rights

KW - right to property

KW - right to equality

KW - Irish Constitution

UR - https://global.oup.com/academic/product/european-welfare-state-constitutions-after-the-financial-crisis-9780198851776?lang=en&cc=gb#

U2 - 10.1093/oso/9780198851776.003.0007

DO - 10.1093/oso/9780198851776.003.0007

M3 - Chapter

SN - 9780198851776

BT - European welfare state constitutions after the financial crisis

A2 - Becker, Ulrich

A2 - Poulou, Anastasia

PB - Oxford University Press

CY - Oxford

ER -