Oran Doyle has published a chapter in Constitutionally Confirming Interpretation: Comparative Perspectives
Oran Doyle, professor of constitutional law, has just published a chapter in Constitutionally Confirming Interpretation: Comparative Perspectives. Edited by Professor Matthias Klatt of the University of Graz, this book is the second in a two-part series exploring how judges reinterpret statutes to ensure that they conform to constitutional rules - in Irish constitutional law referred to as the double construction rule.
Prof Doyle’s chapter, titled 'Partly Laws Common to all Judge-Kind: The Commonality and Divergence of Constitutionally Conforming Interpretation’, analyses how constitutionally conforming interpretation emerges in strikingly similar form in widely different constitutional systems. But within systems and across systems, judges significantly disagree on the extent to which it is permissible to reinterpret statutes to ensure their constitutionality.