Editorial

Author:David Fennelly
Pages:5-7
EDITORIAL
The
issues
forming
the
backdrop
for
the
rich
and
diverse
selection
of
articles
in
this
seventh
volume
of
the
Trinity
College
Law
Review
reflect
not
only
some
of
the
key
issues
dominating
current debate
in
legal
circles
but
also,
in
touching
upon
areas such
as
globalisation,
European
integration, sustainable
development
and
the professionalisation
of
sport,
those
which
are relevant
in
society
generally.
So
too
do
they
reflect
developments
in
legal
education.
The
continuing
spirit
of
debate
about
the
law,
the
growth
in
the study
of
the
law
of
other
jurisdictions,
the increasing
emphasis
on
interdisciplinarity, and
in
Trinity
the
centenary
of
the
admission
of
women
to
the
university:
all
this
forms
the
background
against
which
this
volume
is
published.
In
an
excellent
article,
Zeldine
O'Brien
analyses
amicus
curiae
jurisdiction
in
Ireland
and
in
other
states
in
the
light
of
the
recent
Supreme
Court
decision
in
Iwala
v.
Minister
of
Justice.
The
Court's
approach
provides
a
welcome
acknowledgment
of
the
potential
benefits
of
amicus
curiae
in the
context
of
the
limited forum
of
the
adversarial
trial
which
is
such
a
central part
of
our
legal
culture Writing
in another emerging
area,
Nessa
Fee
examines
the potential
implications
of
the
law
in
relation
to
fair
procedures for
the
GAA.
This 'audit'
shows
there
to
be
much
wanting
in
the current state
of
affairs
and calls
for
a
more
modern
and structured
system for resolving
disputes
and
disciplinary problems
within
this
national
sporting organisation.
Nathan Reilly,
in
his analysis
of
a
recent
High Court decision,
raises
important questions
about
the
Court's
reasoning
in
relation
to
the
constitutional
rights
of
the
dead
and
of
associations,
underlining
the potential
difficulties
which
this
may
pose
for
the
work
of
the
Commission
of
Inquiry into Child
Abuse.
Irish law,
no
doubt
reflecting
changes
in
Irish
life,
is today
posed
with
continuous
challenges
to
some
of
its
most traditional
and
entrenched
conceptions.
In
this
regard,
Roderic
O'Gorman
tackles
the
uncertain
and
problematic
legal
position
of
transsexuals
in
a
piece which
places
the High
Court
decision
in
Foy
in
the
context
of
subsequent developments
in
the
European
Court
of
Human
Rights.
He
analyses
the
potential
impact
of
the
incorporation on an
appeal
to
the Supreme
Court
and
questions
whether
the
courts are
in fact
the
best
arena
for
the
resolution
of
this
issue.
In
a
lucid
article,
Francis
Kieran
argues
that,
in
its
landmark TD
decision,

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