Editorial

• Author: Laura Cahillane
• Position: Editor in Chief
• Pages: i-ii

IRISH JUDICIAL STUDIES JOURNAL

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[2022] Irish Judicial Studies Journal Vol 6(2)

Editorial

Fáilte go dtí an dara eagrán 2022. Following our special edition on the Judicial Council at the

beginning of the year, we return to our regular format of a mix of articles and book reviews

for this edition.

We begin with an article from Chief Justice Donal O’Donnell who reflects on the European

Court of Human Rights Act 2003, nearly 19 years after its implementation. He identifies a

number of phases in the relationship between Irish law and the ECHR and looks back at

what has been achieved from a human rights perspective. He also writes about a potential

change in direction and approach in future human rights claims.

Michelle Smith de Bruin then examines some of the main features of the law engaged in

transnational defamation actions brought against defendants who are located in the

European Union and analyses recent Irish cases where individuals domiciled outside the EU

issued proceedings in the Irish courts; a situation now commonly referred to as ‘libel

tourism’.

John O’Connor provides a fascinating insight into the developmental nature of children and

young persons who appear before the courts. Based on his doctoral research, this article

looks at current judicial practice, from multiple perspectives; those of judges, young people’s

probation officers (‘YPPO’), child offenders and child victims. It considers potential reform

of the Irish juvenile sentencing system and explores innovative sentencing practices in the

USA, New Zealand and in England.

In the next article, Marie Quirke provides some advice for judges, particularly those in the

Circuit Court, in dealing with GDPR matters. The Data Protection Act 2018 created a new

cause of civil action and made changes to civil procedure with the result that significant

responsibilities regarding the enforcement of key aspects of the GDPR have been vested in

the Circuit Court. The article guides the reader through these various changes, asking at the

end, whether the Circuit Court has become the epicentre of data matters.

On the very topical issue of victims in the criminal justice process, Liam O’Driscoll looks at

the recent changes made to the Scheme of Compensation for Personal Injuries Criminally

Inflicted. He considers victims’ rights theory and the early development of victim

compensation schemes and then examines the Irish developments in light of international

standards and identifies some shortcomings which need to be addressed.

Moving from victims to the accused, the next article examines the treatment of suspects with

intellectual disabilities in Ireland. The authors stress the need for dialogue, training and

enculturation at all stages of the Irish criminal process and advice is offered to policymakers

on legislative and procedural reform that would align Irish criminal procedure with the

human rights exigencies mandated under international conventions.

Finally, in a piece that has disturbing parallels with the current state of affairs, Peter Charleton

writes about the Cuban Missile Crisis. This piece is well worth a read, as Theodore Rooselvelt

said: ‘The more you know about the past, the better prepared you are for the future.’ These words are

echoed by Mr Justice Charleton in the abstract of this piece:, ‘if we are to know the dangers