Editorial
| Author | Jack Paterson Sch |
| Pages | 8-11 |
EDITORIAL
As the
members
of
the
Editorial Board
of
the
Trinity College Law
Review
spent
the
weekend working
on
this
year's
volume,
the
members
of
the
Seanad were
simultaneously working
overtime
to
secure
the
passage
of
the
Finance
Bill
2011.
Though
the financial
crisis
is
no
longer news
to
us,
its
effects
continue
to
be
felt
through
budgetary austerity measures,
public
dissatisfaction
and
accompanying
political
instability.
By
the
time
Volume
XIV
is
launched
and
you
are
reading
this
journal,
we
will
be
beginning
to
see
the
democratic reaction
to
the
recent
governmental upheaval,
and
hopefully
will
have
a
Cabinet
of
more
than
the
minimum
number
of
Ministers.
On
3
November
2010,
an
estimated
40
000
students
marched
through
Dublin
against
proposed
increases
in
costs
of
third-level
education.
Students
are
often met
with
the
criticism
that
they
live in
a
"bubble,"
the
only
concession
to
this being
that they
might
venture
out
if
their
interests
are
directly affected.
I
think
our
journal,
especially this
volume,
suggests
otherwise
by
the
topicality
and
relevance
of
many
of
the
articles.
The
articles
demonstrate
a
thoughtful
response
to
the issues
facing
law
and
society,
in
Ireland
and
elsewhere.
They
respond
to
the
state
we're
in,
and
give
us
much
to
think
about
as
to how
we
might
find
ourselves
somewhere
better.
We
begin
with
my colleague
Molly
Joyce's
article,
which
will
be
of
interest
particularly
to
students
or
those involved
with
their
education.
In
Health
Law:
The
Need
for
a
New
Legal
Course,
she
considers
the
merit
of
a
health
law
module
for
Irish undergraduate
students.
In
her
proposal,
she
discusses
the
content
of
the
proposed
course,
and
the
reasons
why
it
would
benefit
from
independent
study.
She
looks
also
to
the
USA
and
Europe
for
insights
into
how
it
might
be
developed.
Kevin
Bell
then
looks
at
the
nature
of
the
bankruptcy
regime
in
Bankruptcy
Reform:
An
Unlikely
Kick-Start
for
the
Economy,
and
the
associated
need
for
reform
of
the
draconian
measures
that
currently
exist. Like
Molly,
Kevin
attends
to
equivalent
measures
in
Britain
and
the
USA
to
highlight
the
unfairness
and
inadequacy
of
the
system
as
it
stands
now.
Daniel
Regan,
in his
article
European
Consensus:
A
Worthy
Endeavour
for
the
European
Court
of
Human
Rights?
assesses
a
particular
practice
of
the
European
Court
of
Human
Rights.
He
focuses
on
whether
the
Court's
technique
of
looking
for
a
consensus
between contracting
parties
in
the
countries
of
the
Council
of
Europe
is
compatible
with
its
ambition
to give
full
effect
to
the
Convention
as
a
living
instrument.
This
is
followed
by
Hate
Speech
Bans:
An
Intolerant
Response
to
Intolerance,
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