David Prendergast
Assistant Prof in Comparative Law, Law

Biography

Dr David Prendergast researches and teaches in jurisprudence and criminal law. From 2016 he is the Law School's Director of Undergraduate Teaching and Learning. David co-founded the Irish Jurisprudence Society and is a former co-editor of the Dublin University Law Journal. He received a Trinity Provost's Teaching Award (Early Career) in 2014. David's PhD provided a qualified defence of judicial review of electoral processes. His journal articles on substantive criminal law have been influential and cited in numerous academic texts and in the High Court of Ireland. Current research involves investigating the structure of criminal liability and criminal law defences. David has an LL.B. (First class) from Trinity College Dublin, an LL.M. (Distinction) from University College London and is a non-practising barrister. He worked as a legal researcher for the Law Reform Commission and was formerly Pathways to Law Liaison Officer with Trinity Access Programmes.

Publications and Further Research Outputs

Peer-Reviewed Publications

Article 16 of the Irish Constitution and Judicial Review of Electoral Processes in, editor(s)Laura Cahilane, James Gallen, Tom Hickey , Judges, Politics and The Constitution, United Kingdom, Manchester University Press, 2017, pp252 - 268, [David Prendergast] Book Chapter, 2017

CC v Ireland: the missing feminist judgment in, editor(s)Máiréad Enright, Julie McCandless, Aoife O'Donoghue , Northern / Irish Feminist Judgments: Judges' Troubles and the Gendered Politics of Identity, United Kingdom, Hart Publishing, 2017, pp566 - 579, [David Prendergast] Book Chapter, 2017

David Prendergast, Defensive Killing by Initial Aggressors: DPP v Barnes Revisited, Irish Jurist, 54, (2), 2015, p115 - 130 Journal Article, 2015

David Prendergast, The Conventionality of Constitutional Law, Dublin University Law Journal, 38, (2), 2015, p441 - 448 Journal Article, 2015

David Prendergast, Gross negligence manslaughter in Irish law, Dublin University Law Journal, 37, (1), 2014, p267 - 277 Journal Article, 2014

David Prendergast, Douglas v DPP and the Constitutional Requirement for Certainty in Criminal Law, The Irish Jurist, 50, (1), 2013, p235 - 243 Journal Article, 2013

David Prendergast, The Connection between Mental Disorder and the Act of Killing in the Defence of Diminished Responsibility, The Irish Jurist, 49, (1), 2013, p202 - 211 Journal Article, 2013

David Prendergast, By-elections and the filling of Dáil vacancies within a reasonable time - a note on Doherty v Ireland, Dublin University Law Journal, 34, 2011, p242 - 255 Journal Article, 2011

David Prendergast, Strict Liability and the Presumption of Mens Rea after CC v Ireland, Irish Jurist, 46, 2011, p211 - 220 Journal Article, 2011

David Prendergast, The Constitutionality of Strict Liability Offences, Dublin University Law Journal, 33, 2011, p285 - 318 Journal Article, 2011

Non-Peer-Reviewed Publications

David Prendergast, Sexual Offences and Presumptive Wrongs, Legal and Political Theory Workshop, NUI Galway, 13 November 2015, edited by Danaher, Daly, Tourkochoriti , 2015 Conference Paper, 2015

David Prendergast, CC v Ireland feminist judgment, Northern / Irish Feminist Judgments Project workshop: the embodied subject, Griffith College Dublin and UCD, 16-18 April 2015, edited by Enright, McAndless, O'Donoghue , 2015 Conference Paper, 2015

David Prendergast, Murder mens rea, Irish Association of Law Teachers Annual Conference, NUI Galway, November 2015, edited by Charles O'Mahony , 2015 Conference Paper, 2015

David Prendergast, Murder mens rea, Irish Association of Law Teachers Annual Conference, NUI Galway, 2015 Conference Paper, 2015

David Prendergast, 'What is the test for self-defence in fatal cases?' , Irish Law Times, 13, 2015, p213 - 218 Journal Article, 2015

David Prendergast, Vague offences and the High Court, Criminal Law and Practice Review, 1, (1), 2014, p153 - 156 Journal Article, 2014

David Prendergast, Self-defence in fatal cases, The Criminal Law Forum, King's Inns, Dublin, 5 April 2014, 2014 Conference Paper, 2014

David Prendergast, Addressing uncertainty in the defences of self-defence, diminished responsibility, and provocation, Criminal Law and Practice Review, 1, (1), 2014, p21 - 35 Journal Article, 2014

David Prendergast, Article 16 of the Irish Constitution and Judicial Review of Electoral Processes, Judges, Politics and the Irish Constitution, Dublin City University, 4 Sept 2014, 2014 Conference Paper, 2014

David Prendergast, DPP v Dunne and the criminal law's test for causing death, Irish Law Times, 17, 2014, p246 - 249 Journal Article, 2014

David Prendergast, Review of Eimear Spain, The Role of Emotions in Criminal Defences: Duress, Necessity and Lesser Evils, Review of The Role of Emotions in Criminal Defences: Duress, Necessity and Lesser Evils , by Eimear Spain , Dublin University Law Journal, 36, 2013 Review, 2013

David Prendergast, The Differing Demands of Legality, Irish Society of Comparative Law Annual Conference 2013, NUI Galway, 24-25 May 2013, edited by Charles O'Mahony , 2013 Conference Paper, 2013

David Prendergast, Criminal Defences: Recent Developments, Criminal law Practice and Procedure Update Conference, Trinity College Dublin, 12 October 2013, edited by Ivana Bacik and Liz Heffernan , 2013 Conference Paper, 2013

David Prendergast, Democracy, Judicial Review, and Legal Scholarship, Irish Association of Law Teachers Annual Conference, Dublin, 16-18 November 2012, 2012 Conference Paper, 2012

David Prendergast, The case against judicial review of democratic procedures, Irish Society of Comparative Law Annual Conference 2011, University College Dublin, 2011 Conference Paper, 2011

David Prendergast, Review of Bill Kissane, New Beginnings: Constitutionalism and Democracy in Modern Ireland, Dublin University Law Journal, 34, 2011 Review, 2011

David Prendergast, Analysis of Doherty v Ireland (the Donegal by-election case), Trinity College Dublin Constitutional Law and Policy Group, 10 December 2010, 2010 Conference Paper, 2010

Law Reform Commission, Report on Inchoate Offences, (LRC 99 - 2010), 2010 Report, 2010

David Prendergast, Tensions in the Pursuit of Equality of Representation - Judicial Review of Electoral Constituencies, Centre for Criminal Justice and Human Rights Third Annual Postgraduate Conference, University College Cork, UCC, 30 April 2009, 2009 Conference Paper, 2009

David Prendergast, One Person, One Vote in Ireland and the United States, Inaugural Conference of the Irish Society of Comparative Law, University of Limerick, 27-28 February 2009, 2009 Conference Paper, 2009

Law Reform Commission, Consultation Paper on Inchoate Offences, (LRC CP 48 - 2008), 2008 Report, 2008

David Prendergast, The Law Reform Commission's Consultation Paper on Inchoate Offences, International Society for the Reform of Criminal Law Annual Conference 2008, Dublin Castle, 11-15 July 2008, 2008 Conference Paper, 2008

David Prendergast, Codifying Inchoate Offences, (2008) 26 Irish Law Times 134, 2008 Journal Article, 2008

David Prendergast, Inchoate Liability and Glorifying Terrorism, Socio-Legal Studies Association Annual Conference, University of Kent, 3-5 April 2007, 2007 Conference Paper, 2007

David Prendergast, Normative Positivism, Irish Jurisprudence Society Workshop, Trinity College Dublin, 22 November 2007, 2007 Conference Paper, 2007

Research Expertise

Description

Constitutional law: judicial review, electoral processes. Criminal law: legality, strict liability, elements of criminal liability. Comparative criminal law and constitutional law. Legal philosophy: legal positivism and natural law.

Keywords

Constitutional law; Criminal law; criminal law theory; Jurisprudence; philosophy of criminal law

Recognition

Representations

Co-editor of the Dublin University Law Journal 2013-2016

Co-editor of the Criminal Law and Practice Review 2014

Awards and Honours

Provost's Teaching Award (early career) winner 2014

Shortlisted for Provost's Teaching Award 2013

TCD Postgraduate Studentship 2007

Sir Jack Jacob Prize for Civil Justice, UCL 2006

Memberships

Irish Jurisprudence Society 2007 – present

Irish Association of Law Teachers (IALT)