Irish Judicial Studies Journal

Latest documents

  • Introduction
  • 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context of Church-State studies and, argues, that the continuity of the old orthodox system of law would not be easily superseded by a legal structure which reflected the growing pervasiveness of Catholic social teaching on politics and society.

  • 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. Drawing from national and supra-national sources as well as empirical data, the article analyses key provisions in the legislative framework including the independence of the Parole Board, the procedural standards and the criteria to be applied in individual cases.

  • 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 Law’s Empire.

  • 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. The article reviews arguments regarding preferential ranking of the Revenue Commissioners as creditors in insolvency. In light of recent proposals in the UK, the article scrutinises claims to preference of other unsecured creditors, such as prepayment consumers and, in particular, SME traders.

  • 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.

  • 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 Ireland’s Supreme Court. This article will argue that a narrower duty is more appropriate in the world of today where - unlike the world in which Carter v Boehm, and later related cases of the 19th and early-20th centuries, fell to be decided - means of communication have been revolutionised by the technological advances of the late-20th and early-21st centuries, such that insurers now generally have the means to acquire readily a great deal of the information that they need to know concerning a proposed policy. The article also briefly considers the changes made to the duty of disclosure in the consumer-law context by the Consumer Insurance Contracts Act 2019.

  • 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 surrounding damages and costs in this area.

  • 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 narrative. Where courageous deeds are engineered by others and controlled from afar, we assess the implications of such control for the heroic narrative and the value judgements associated with it.

  • Book Review: Leahy and Fitzgerald O'Reilly, 'Sexual Offending in Ireland: Laws, Procedures and Punishment'

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