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A DORMANT DOCTRINE OF OVERBREADTH: ABSTRACT REVIEW AND IUS TERTII IN IRISH PROPORTIONALITY ANALYSIS.

Authors :
KENNY, DAVID
Source :
Dublin University Law Journal; 2010, Vol. 32, p24-50, 27p
Publication Year :
2010

Abstract

The article focuses on the use of overbreadth analysis, a method of testing rationality, in Irish constitutional adjudication. It explores justifications of the ius tertii rule, which indicates that constitutional litigants can only make arguments based on their own circumstances, as well as analyzes how it contradicts with the justifications of the overbreadth doctrine. The consideration of the Irish courts of the conflict between overbreadth and ius tertii is discussed.

Details

Language :
English
ISSN :
03323250
Volume :
32
Database :
Supplemental Index
Journal :
Dublin University Law Journal
Publication Type :
Periodical
Accession number :
59921270