Constitutional Law (Books and Journals)
- Irish Judicial Studies Journal From Nbr. 1-1, January 2001 to Nbr. 1-20, January 2020
The Role and Responsibility of the State in Litigation
This article considers the role of the State as a litigant before the Courts. The Australian model litigant obligation is examined and in line with this, some policy changes are suggested.
- An Opportunity for Pre-Emption: Exploring the Legal Vacuum Occupied by those Internally Displaced by Slow-Onset Climate Change
- A Right, A Bundle, Or a Tree: Which Describes the Legal Nature of the Commons Best?
Carter V Boehm Considered
This article looks at the significance of Carter v Boehm in developing the duty of disclosure in insurance contracts and examines the evolution of that duty over the more than 250 years since the decision. Lord Mansfield espoused a narrow duty of disclosure in Carter, but a wider duty of disclosure developed in the English courts through the 19th and 20th centuries. A narrower duty is favoured by
- The Perspective from Luxembourg: How Does the European Court of Justice Respond to the Rule of Law Crisis Within the Member States
- R v McCarthy : How Body Modification Made Us Rethink Our Need to Modify the Law
Catholicism and the Judiciary in Ireland, 1922-1960
This article examines evidence of judicial deference to Catholic norms during the period 1922-1960 based on a textual examination of court decisions and archival evidence of contact between Catholic clerics and judges. This article also examines legal judgments in the broader historical context of Church-State studies and, argues, that the continuity of the old orthodox system of law would not be
Trends and Issues in Personal Injury
In this article the emerging trends in the trial and conduct of Personal Injury litigation in Ireland is examined. This will be through analysis of the role of the judge in these cases and an exploration of developments in statute and case law, with a particular focus on false and exaggerated claims and on s. 26 of the Civil Liability Act and Courts Act 2004. There is also a focus on debates...
- The European Convention on Human Rights and the Investigatory Powers Tribunal: Rationalising a Law unto Itself
- Ein Mögliches Modell fùr die Reform Des Hassredegesetzes: Ein Vergleich Zwischen Irland Und Deutschland Über Die Freie Meinungsäusserung
Life imprisonment and the Parole Act 2019: Assessing the Potential Impact on Parole Decision-Making
This article examines the Parole Act 2019 and its likely impact on decision-making surrounding the release of life sentence prisoners in Ireland. The informal and political nature of the release process for life sentence prisoners has been the subject of considerable criticism. The Act will transition the release decision from the Minister for Justice and Equality to a statutory Parole Board....
Truth, Patriotism and the Heroic Narrative: The Case of Operation Anthropoid
This paper explores the concept of heroism and that quality of courage generally perceived as central to heroic behaviour. We base our analysis on the assassination in Prague in 1942 of senior Nazi leader Reinhard Heydrich by two Czechoslovak patriots and the reprisal killings which followed it. We highlight how faithfulness to the historical record must be central to any authentic national...
- Trade Union Recognition: A Defence of the Irish Regime in Light of British Failings
- La Lutte Continue': Un Examen de la Protection du Droit de Grève en France et en Irlande
Our Herculean Judiciary?: Interpretivism and the Unenumerated Rights Doctrine
This paper examines the unenumerated rights doctrine through the prism of Dworkinian legal theory. It contends that an interpretivist attitude is evident in much of the essential judicial dicta, and further explores the extent to which judges in the unenumerated rights cases have exercised an interpretive methodology akin to law as integrity, Dworkin’s theory of law and adjudication propounded in
- Book Review: Leahy and Fitzgerald O'Reilly, 'Sexual Offending in Ireland: Laws, Procedures and Punishment'
- Éagóir Nó Ceartas? Táithí na n-Íosportach I gCóras Corónach na hÉireann agus Moltaí D'Athchóiriú I Léith Chearta an Duine
- Back to the Future: How Well Equipped is Irish Employment Equality Law to Adapt to Artifical Intelligence
- Towards Contextual Intersectionality: An Analysis of the Common European Asylum System
Preferential Creditor Status in Irish Corporate Insolvency Law: A Need for more Priorities?
This article evaluates whether there is a need for further priorities within current preferential debts under Irish corporate insolvency law. In acknowledging the choices facing the legislature when attempting to achieve distributive justice, the article reflects on the reality of insolvency and whether according preferential status to creditors is as significant in practice as might be imagined.
- Book Review: McGrath, 'White-Collar Crime in Ireland: Law and Policy'
- Geo-Engineering the Climate: A Preliminary Examination of International Governance Challenges and Opportunities
- The Interaction Between Directive 2015/2366 (EU) on Payment Services and Regulation (EU) 2016/679 on General Data Protection Concerning Third Party Players
- Response: Criminal Responsibility of Trafficked Persons, including issues concerning how such persons are protected from prosecution and punishment
- How Courts Treat Vulnerability in Cases of Slavery and Human Trafficking
- Mental Capacity in Immigration: Effective Access to Justice