Tom Hickey (Dublin City University) has posted How to Interpret the Irish Constitution: Tomas Heneghan v Minister for Housing on SSRN. Here is the 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.
Fascinating discussion, with echoes of the American debates over originalism and living constitutionalism. Recommended.
