Constitutional Law (Books and Journals)
- Irish Judicial Studies Journal From No. 1-1, January 2001 to No. 3-22, December 2022
- A Barrier to Transitional Justice: Critique of the Northern Ireland Troubles (Legacy and Reconciliation) Bill 2022
- Frustration in Crisis: How the Spanish Doctrine of Rebus Sic Stantibus Can Inform a Post-Pandemic Reexamination of English Contract Law' Approach to Hardship
- Háigithe- Trácht ar Conas Coinbhinsiúin na Háige a Leasú ar Maitheas Íospartaithe Foréigean Baile
- Wie bitte?: Rechte sprachlicher Minderheiten im Gerichtsverfahren in Irland und Deutschland
- Revisiting Joyeux Anniversaire? 20 ans après l'arrêt Odièvre c. France (2003), le Birth Information and Tracing Act (2022) a-t-il trouvé un juste équilibre entre les droits des parents et ceux des enfants?
- A Feminist Rethinking of 'Crimes Against Humanity'
- EU Competition Regulation in Digital Markets: 'If it Ain't Broke?Fix It?'
- Rhyme Nor Reason: Judicial Rhetoric and its Impact on the Law as Lived Through a Review of the Reasonable Man
- Water (in)Access in Chile: The Human Rights Limitation of Granting a Property Right to Water
Situating Social Rights: Housing and Distributive Justice - Post TD
This article considers the impact of TD on housing rights in Ireland. While Ireland has signed up to multiple housing rights protections in the international human rights context, it has failed to implement them. TD ensures no constitutional intervention from the courts in this context. Despite generous Irish State funded social housing over the past century, access to shelter or housing is not...
Distributing Collective Burdens and Benefits: O'Reilly, TD, and the Housing Crisis
This article considers the underexplored nexus between the debates about housing rights and the TD debate, and the question of the appropriateness of judicial intervention in the social and economic arena. It contends that the property rights decisions that make responses to the housing crisis problematic are in fact inconsistent with the division of labour between courts and elected branches of...
TD v Minister for Education: Hard Case, Bad Law
This article considers TD v Minister for Education in contrast to the development of social rights protection in South Africa. It finds that South Africa developed powers similar to those exercised by Kelly J in TD incrementally. TD was a hard case, causing the possibility of incrementally developing social rights protection to be foreclosed upon. Had mandatory orders for other rights been...
Judicial Enforcement of Social Rights in a Comparative Perspective
This paper discusses the TD case, and its core holding about the justiciability of social rights, in comparative perspective. Canvassing the practice of courts in the US, Canada, Australia, New Zealand and South Africa, and the UK Supreme Court and the courts of Northern Ireland, it concludes that, despite the controversy surrounding the TD case’s outcome, it is very much in line with Ireland’s...
Revisiting Old Ground - TD, Sinnott and the Dangers of Clinging Too Tightly to Separation of Powers Orthodoxy
This article seeks to reassess the TD and Sinnott cases in Irish constitutional law. It explores the context of these cases, and why they are regarded as important and closely linked in Irish constitutional discourse. It then analyses their reasoning to consider whether they withstand scrutiny after two decades. It concludes that the judgments painted with too broad a brush, reaching some...
The TD Case and Approaches to the Separation of Powers in Ireland
The case of TD v Minister for Education is a great microcosmic example of the varying philosophies of the separation of powers and the role of the judge under the Constitution and for many years it set a very high standard for the review of executive power, but perhaps the wind is changing on these issues. This article will briefly consider the various perspectives given by the judges in the TD...
Reading TD Down
This article argues that TD v Minister for Education was about something more specific than has been supposed in the academic literature. Rather than being about the justiciability of socio-economic rights in principle, or the separation of powers broadly, it was an appeal about whether a High Court judge had the jurisdiction to hand down the particular order. The order contained great policy...
I Would Do Anything for Rights - But I Won't Do That
For all its influence and renown, TD v Minister for Education is arguably an outlier among the many decisions of the Irish courts on the topic of rights enforcement against the executive. This paper illustrates this by reference to case law before TD, and discusses recent reaffirmation of this by the Supreme Court. It then considers various possible explanations for this outlier status, and...
TD v Minister for Education, Constitutional Culture, and Constitutional Dark Matter
This paper suggests that the true influence of the TD case is seen not in its formal legal significance but in its less obvious impact on Irish constitutional culture. Drawing on Tribe’s notion of landmark cases curving constitutional space, it suggests TD is a form of constitutional dark matter, warping the fabric constitutional law invisibly by entrenching a highly cautious judicial culture and
TD v Minister for Education: A Chilling Effect on Would-be Litigants?
Given that litigation is the last resort for those in need of education, and that there are ongoing challenges for those with disabilities in particular accessing appropriate education, there is a surprising paucity of contemporary cases seeking to enforce the right to education under the Irish Constitution. This article considers the causes of this, and the underexplored possibility that the TD...
The ECHR Act 2003: Ireland and The Post War Human Rights Project
This article analyses the various phases of development of the European Convention on Human Rights Act 2003 and considers both what has been achieved as well as a potential new direction in Irish human rights jurisprudence.
The Developmental Nature Of Children and a Proposal for a Specialised Irish Youth Justice System
This article provides an insight into one aspect of the Irish juvenile justice system, namely the developmental nature of children and young persons who appear before the courts. In doing so it observes current judicial practice, both from the perspective of judges, and through the lens of young people’s probation officers (‘YPPO’), child offenders and child victims. It acknowledges the...
Data Matters: Data Protection Issues
This article explores the range of issues judges may find themselves dealing with following the enactment of the Data Protection Act 2018 (itself implementing Regulation (EU) 2016/679 - The General Data Protection Regulation). These issues include a new cause of civil action, changes to civil procedure, the role the Circuit Court plays in hearing appeals of decisions of the Data Protection...
Recognising And Responding to Vulnerability: Securing Access to Justice for Vulnerable Accused Persons in Ireland
This paper outlines international obligations and domestic safeguards that shape the treatment of suspects with intellectual disabilities in Ireland. In recognising that the meaningful operationalisation of these safeguards, and, by extension, the realisation of Ireland’s international human rights obligations, is often contingent upon securing a correct, and early, identification of a suspect’s...
Cuban Missiles: A Warning on The Uncertainty of War
With the arrival of Spring 2022, war in Europe has again erupted, millions have been displaced, thousands have perished and the President of the United States expresses the worry that, with a false move, the use of nuclear weapons may be engaged to usher in World War III; fears that tortured President Kennedy in the Fall of 1962. Some say that history does not illuminate or, at best, the light...
- Signe Larsen, The Constitutional Theory of the Federation and the European Union (OUP 2021)
- Nora Beausang, Consumer and SME Credit Law (Dublin: Bloomsbury Professional 2021)