Constitutional Governance and Social Change
Constitutional Governance and Social Change
Trinity College Law School
Welcome
It includes research on constitutional and administrative law at each of these levels, as well as attention to the interaction between law and policy, both in terms of how we are governed and with regard to specific issues where social change provokes debate on policy reform. Human rights are a topic of particular interest that are woven into and across the group’s research.
Convenor
Biography
I'm delighted to join Trinity as an Assistant Professor in Regulatory Law. I will be lecturing Environmental Law, and Legislation & Regulation on the LLB Programme and Law & Risk on the LLM Programme. I lead a Seminar on Emergency Law. I write on Climate Law, Citizenship, and Indian constitutionalism. Prior to this, I have taught and written on climate law, economics of regulation and development studies at the University of Groningen. Given the intimate relationship between regulation and behaviour, I turn to legal theory, comparative legal studies and interdisciplinary epistemology in my work. Researchers seeking to explore how law understands, shapes and responds to individual or institutional behaviour in different fields of activity are most welcome to get in touch. Before joining academia, I have been a researcher with the South African Institute of International Affairs in Johannesburg and practised infrastructure law in the Mumbai offices of Amarchand & Mangaldas & Suresh A. Shroff & Co. I hold a BA, LLB (Honours) from the National Academy of Legal Studies and Research, India, a dual-masters in Law and Economics from the University of Hamburg and the University of Vienna, and a PhD from the University of Groningen.
Publications and Further Research Outputs
Peer-Reviewed Publications
Sarah Ganty, Dimitry Kochenov, Suryapratim Roy, Unlawful Nationality-Based Bans from the Schengen Zone: Poland, Finland, and the Baltic States Against Russian Citizens and EU Law, Yale Journal of International Law, 48, (1), 2023, p1 - 34
Hindu Zion: The Politics of Constitutional Accommodation in, editor(s)Mark Tushnet and Dimitry Kochenov , Research Handbook on the Politics of Constitutional Law, Cheltenham, United Kingdom, Edward Elgar, 2023, pp675 - 695, [Suryapratim Roy and Rahul Sambaraju]
People v Arctic Oil: Context, Judgment and Takeaways for Future Climate Litigation in, editor(s)Stefan E. Weishaar and Kars J. de Graaf , The Future of Environmental Law: Ambition and Reality, Cheltenham, United Kingdom, Edward Elgar Publishing, 2023, pp215 - 235, [Suryapratim Roy, Alexandru Gociu]
Suryapratim Roy, The Domestic Life of Climate Law: Friends of the Irish Environment v Ireland, Irish Supreme Court Review, 3, (1), 2022, p141 - 160
Three Binaries in People v Arctic Oil in, A Force of Energy: Essays in Energy Law in Honour of Professor Martha Roggenkamp, Groningen, University of Groningen Press, 2022, pp84 - 93, [Suryapratim Roy]
Suryapratim Roy, Constitutive Reasons and Consequences of Expressive Norms, International Journal for the Semiotics of Law, 34, (2), 2021, p389 - 408
The Visual Culture of Law in India: A response to Rahela Khorakiwala in, editor(s)Swethaa Ballakrishnen and Sara Dezalay , Invisible Institutionalisms, United Kingdom, Hart Publishing, 2021, pp107 - 114, [Suryapratim Roy]
The 'Streetlight Effect' in Commentary on Citizenship by Investment in, editor(s)Dimitry Kochenov and Kristin Surak , Citizenship and Residence Sales: Rethinking the Boundaries of Belonging, United Kingdom, Cambridge University Press, 2021, pp25 , [Suryapratim Roy]
Distributional Concerns in Environmental Policy Instruments in, editor(s)Kenneth R. Richards and Josephine van Zeben , Policy Instruments in Environmental Law, Cheltenham, UK, Edward Elgar Publishing, 2020, pp27 , [Suryapratim Roy]
Commentary on China and India in, editor(s)Dimitry Kochenov and Justin Lindeboom , Kälin and Kochenov's Quality of Nationality Index, United Kingdom, Hart Publishing, 2020, pp265 - 268, [Suryapratim Roy]
Deirdre Ahern and Suryapratim Roy, Policy Responses to Covid-19 In Ireland: Supporting Individuals, Communities, Businesses, and the Economy, COVID-19 Legal Observatory, Dublin, Trinity College Dublin, December , 2020, p1 - 108
Suryapratim Roy and Giulia Mennillo, The Credit Rating Agency Paradox: Looking behind the Regulatory License, Governing through Instruments II: Standards, Ratings, and Certification, Society for the Advancement of Socio-Economics Annual Conference , The New School, New York, June 27, 2019, 2019
Suryapratim Roy, Urgenda II and its Discontents , Carbon and Climate Law Review , 13, (2), 2019, p130 - 141
Suryapratim Roy, Distribution as the Organising Principle of Environmental Regulation, German Law Journal , 19, (3), 2018, p649 - 664
Suryapratim Roy, Never Any End to an Event: A review essay on Law and Historical Memory, Journal of Comparative Law, 18, (1), 2018, p15
Suryapratim Roy, Situating the Individual within Climate Law: A behavioural law and economics approach to end-user emissions trading, University of Groningen, The Netherlands, 2017
Distributive Choices in Urgenda and EU Climate Law in, editor(s)Martha Roggenkamp and Catherine Banet , European Energy Law Report XI, Cambridge, UK, Intersentia, 2017, pp47 - 68, [Suryapratim Roy]
Suryapratim Roy, Agency as Responsiveness, European University Institute Department of Law Research Paper No. 2016/04, 2016
Suryapratim Roy, Mediators and Moderators of Normative Reductionism: Towards a testimonial approach to expertise in legal inquiry, European Journal of Risk Regulation, 7, (3), 2016, p532-
Suryapratim Roy, Situating Urgenda v. The Netherlands within Comparative Climate Litigation, Journal of Energy and Natural Resources Law, 34, (2), 2016, p165-
Suryapratim Roy/Dimitry Kochenov, The Quality of Nationality in China and India, The Henley-Kochenov Quality of Nationality Index 2016, Henley & Partners, 2016, 7
Suryapratim Roy, Urgenda v. The Netherlands: A new climate change constitutionalism?, Nederlands Tijdschrift voor Energierecht, 5, 2015, p75-
Justice as Europe's Signifier in, editor(s)Dimitry Kochenov, Gráinne de Búrca, Andrew Williams , Europe's Justice Deficit?, Oxford, Hart Publishing, 2015, pp79 - [Suryapratim Roy]
Suryapratim Roy, Privileging (some forms of) Interdisciplinarity and Interpretation: Methods in Comparative Law, International Journal of Constitutional Law, 12, (3), 2014, p786 - 807
Suryapratim Roy & Giulia Mennillo, Ratings and Regulation: A case of an irreversible marriage? Harvard Weatherhead Center for International Affairs Working Paper, 2014
End-user Emissions Trading: What, why, how and when in, editor(s)Martha Roggenkamp and Olivia Woolley , European Energy Law Report IX, Belgium, Intersentia, 2012, pp111 - 142, [Suryapratim Roy & Edwin Woerdman]
Suryapratim Roy, From 'Crowding Out' to 'Crowding In': Towards an institutional analysis of Climate Adaptation Funds, South African Institute of International Affairs Occasional Paper , 119, Johannesburg, South African Institute of International Affairs, 2012, 30
Suryapratim Roy, Tsidiso Disenanya & Sheila Kiratu, Clean Energy Investment in Developing Countries: Domestic Barriers and Opportunities in South Africa, Trade, Investment and Climate Change Series, Winnipeg, Manitoba, Canada, International Institute for Sustainable Development, June, 2010, 77
Suryapratim Roy & Sheila Kiratu, Beyond Barriers: the Gender Implications of Trade Liberalisation in Southern Africa, Trade Knowledge Network Series, Winnipeg, Manitoba, Canada, International Institute for Sustainable Development, February, 2010, 30
Financing Solutions to Climate Change in sub-Saharan Africa: Towards an assessment of Institutional and Market Challenges in, editor(s)Peter Draper and Ivan Mbiri , Climate Change and Trade: the Challenges for Southern Africa', Johannesburg, Jacana Publishers, 2010, pp27 , [Suryapratim Roy & Sheila Kiratu]
Suryapratim Roy, The Bengali Press 1800-1850, Journal of the Calcutta Historical Society, 122, 2004, p77 - 89
Non-Peer-Reviewed Publications
Suryapratim Roy, Rahul Sambaraju, Secularism in Hindu Rashtra, Workshop on Secularism, Princeton University, Princeton, New Jersey, May 3 -4 2023, edited by Farrah Ahmed and Nathaniel Mull , 2023
Suryapratim Roy and Rahul Sambaraju, Constitutional Accommodation and the Citizenship Amendment Act, European Conference for South Asian Studies Annual Conference, Turin, 26 - 29 July 2023, 2023
Suryapratim Roy, Ambedkar in the Here and Now, Frontline, 40, (18), 2023
Suryapratim Roy, BR Ambedkar and Walter Benjamin's Critique of Constituent Power, Society of Legal Scholars Annual Conference, Oxford , 28 June, 2023, 2023
Dimitry Kochenov and Suryapratim Roy, Putinism is Contagious, 2022, -
Suryapratim Roy, A Naipauline Conversion?, Dublin Review of Books, (130), 2021
Suryapratim Roy, Law and the Non-human, Workshop on Animal Rights, University of Cambridge, March 2020, 2020
Suryapratim Roy, The Visual Culture of Law, Panel on Invisible Institutionalisms, Law and Society Association Annual Conference, Denver, May 2020, 2020
Suryapratim Roy & Rahul Sambaraju , Indian citizenship has now been reduced to 'us' versus 'them', The Conversation, 2020, -
Suryapratim Roy, Human Rights and Democracy after COVID-19, June 2, 2020, Trinity College Dublin
Suryapratim Roy, Negotiating Interdisciplinarity in Environmental Law, Asian Development Bank- United Nations Environment Programme 'Train the Trainers' Workshop, New Delhi, November 2020, 2020
Alexandru Gociu & Suryapratim Roy , Norway's Supreme Court set to rule on whether the country can keep searching for new Arctic oil, The Conversation, 2020, -
Suryapratim Roy, Against Apathy, Review of Ice on Fire, India Today, 2019
Suryapratim Roy, Comparative Climate Litigation and Human Rights, European Society of International Law Climate Change Conference, Dundee, September, 2019, University of Dundee
Suryapratim Roy, Discursive and Distributive Choices in the EU Social Market Economy, Review of 'The EU Social Market Economy and the Law:Theoretical Perspectives and Practical Challenges for the EU (Abingdon: Routledge, 2019)' , by Delia Ferri and Fulvio Cortese , Common Market Law Review, 56, (5), 2019, p1427 - 1430
Suryapratim Roy, Is Climate Change an Issue of Human Rights, The Irish Times, October 15, 2019, 2019, -
Suryapratim Roy, I Will Surive, Review of The Wall, by John Lanchester , India Today, 2019
Suryapratim Roy, Article 8 ECHR and Climate Change, Workshop on Applications of the Right to Private and Family Life under the European Convention on Human Rights, Dublin, 2019
Suryapratim Roy, What is Residency?, Critical Perspectives in Investment Migration, Geneva, July , 2019
Suryapratim Roy, Memory Rule of Law, Legal Governance of Historical Memory in Comparative Perspective, The Hague, The Netherlands, October , 2018, The Asser Institute
Suryapratim Roy , Behavioural Studies and Legal Theory, Irish Jurisprudence Society , Dubln , December, 2018
Suryapratim Roy, Locating Agency in Automated Behaviour, 28th Congress of the International Association for the Philosophy of Law, July, 2017
Suryapratim Roy, Plenary talk on 'Climate Change and Tort', Plenary of the Annual Conference on the Common Core of European Private Law, Lecce, Italy, November, 2016, Common Core of European Private Law
Suryapratim Roy, Polycentric Governance in the European Union and the Rule of Law, UACES 46th Annual Conference, London, September, 2016
Suryapratim Roy, Review of Recent Works in Comparative Law, Review of Practice and Theory of Comparative Law, by Maurice Adams and Jacco Bomhoff , Common Market Law Review, 51, 2014, p3
Dimitry Kochenov & Suryapratim Roy, ''Turning EU Citizenship into a viable tool of EU Federalism'', Verfassungsblog, 2013, -
Suryapratim Roy, Hindu Zion, Inaugural Conference, Durham Centre for Indian Law and Policy, Durham, 19-20 June 2023
Recognition
Representations
Visiting Lecturer, Bocconi University, Milan
Reviewer for the following journals: 1) Carbon and Climate Law Review 2) Climate Policy 3) European Journal of Risk Regulation 4) European Journal of Comparative Law and Governance 5) European Journal of Law & Economics 6) Environmental Science & Policy 7) Dublin University Law Journal 8) German Yearbook of International Law
Designed preliminary materials on 'Conceptualising Investment Migration' for the Investment Migration Council Education Project
Awards and Honours
Workshop Grant, Human Development & Capability Association, Harvard Global Equity Initiative, 2014
Promovendus funding, Faculty of Law, University of Groningen, 2011
Erasmus Mundus Scholar 2009-2010
Young Leader for a Sustainable Future Grant, International Institute for Sustainable Development, 2008
Memberships
Society of Legal Scholars (SLS)
Irish Association of Law Teachers (IALT)
Academic Association for Contemporary European Studies (UACES)
European Union Studies Association
Society for Environmental Law and Economics (SELE)
Human Development and Capabilities Association
International Society of Public Law
Dutch Energy Law Association
Bar Council of India
Law and Society Association
News and Events
Guest Lecture - Thursday, 28 March 2019 - Nicholas Barber on the Principles of Constitutionialism
Guest Lecture: Wednesday, 20 March 2019, Justice Richard Humphreys and Professor Colin Harvey in Conversation "A Constitutional Conversation about the Future of our Shared Island"
Book Launch - Thursday, 22 November Kelly's The Irish Constitution, 5th edition by Professor Gerry Whyte, former colleague, Mr. Justice Gerard Hogan now Advocate General to the European Court of Justice, Dr. Rachael Walsh and Dr. David Kenny was launched by Seamus Woulfe, Attorney General in the Distillery Building. The Irish Constitution is published by Bloomsbury Professional.
Lunchtime Seminar - Monday, 28 May at 1.00-2.00 pm by Thomas A. Barnico “Degrees of Independence of State and Federal Attorneys General in the United States”.
Guest Lecture - Wednesday, 4 April 2018 at 4.30 pm by Dr. Andrea Pin 'The Dismay of Progress: The deception of irenic constitutionalism'
Discussion - Thursday, 18 January 2018 Directive Principles as a Consensus Building Tool – 18 January 2018 at 7 pm by Dr. Tarunabh Khaitan with response by the Hon. Mr. Justice Gerard Hogan.
Guest Lecture - Wednesday, 13 December 2017 at 5 pm by Dr. Tom Gerard Daly 'Designing an African Judicial Network: Potential and Challenges'.
Colloquium- Friday 6 October, 2017 at 1.30 – 4.30 pm with Dimitry Kochenov (University of Groningen) plus other speakers EU Citizenship and Federalism.
Academic Members
Mark Bell
Biography
Mark Bell is Regius Professor of Laws (a Chair founded in 1668) and a Fellow of Trinity College Dublin. He was Head of the School of Law (2018-2021). Prior to his 2015 appointment at Trinity, he was a professor at the School of Law, University of Leicester, where he was also Head of the School of Law (2011-2014). Mark is co-Director of the Disability Rights Working Group of the Berkeley Center on Comparative Equality and Anti-Discrimination Law. He is a member of the Board of Directors of the Irish Centre for European Law; the Editorial Board of the International Journal of Discrimination and the Law; and the Advisory Board of the University of Bergen project 'Life and Work in Balance: Legal Responses to Working Life in Times of Change and Crisis'. Previously, he was a member of the Irish Human Rights and Equality Commission's Future of Equality Law Advisory Committee and the European Commission's Network of Legal Experts on Non-Discrimination.
Mark has published extensively on Anti-Discrimination Law and Labour/Employment Law, particularly in relation to EU Law. He is the author of three monographs: Catholic Social Teaching and Labour Law: An Ethical Perspective on Work (OUP 2023); Racism and Equality in the European Union (OUP 2009); Anti-Discrimination Law and the European Union (OUP 2002). He is also co-editor of International and European Labour Law: A Commentary (Nomos 2018) and Cases, Materials and Text on National, Supranational and International Non-Discrimination Law (Hart Publishing 2007). His current research focuses on the relationship between religion and labour law.
See further: https://www.researchgate.net/profile/Mark_Bell21
Publications and Further Research Outputs
Peer-Reviewed Publications
Ireland in, editor(s)Luca Ratti, Elisabeth Brameshuber and Vincenzo Pietrogiovanni , The EU Directive on Adequate Minimum Wages: Context, Commentary and Trajectories, Hart Publishing, 2024, [Alan Eustace and Mark Bell]
Mark Bell, Religious Ordination Requirement and Mliitary Chaplains in Ireland, International Labor Rights Case Law, 10, 2024, p67 - 71
Mark Bell, Catholic Social Teaching and Labour Law: An Ethical Perspective on Work, Oxford, Oxford University Press, 2023, 1 - 240pp
Mental Health, Discrimination and Employment Law in, editor(s)Brendan D Kelly and Mary Donnelly , Routledge Handbook of Mental Health Law, Routledge, 2023, pp403 - 420, [Mark Bell]
More than an Afterthought? Equality Law in Ireland during the Pandemic in, editor(s)Shreya Atrey and Sandra Fredman , Exponential Inequalities: Equality Law in Times of Crisis, Oxford, Oxford University Press, 2023, pp145 - 160, [Mark Bell]
International Journal of Discrimination and the Law, 23, 1, (2023), 4 - 180p, Mark Bell and Laverne Jacobs, [eds.]
Non-Discrimination Sexual Orientation, Oxford Encyclopedia of EU Law, Online, Oxford University Press, 2022, pp1-16 , [Mark Bell]
Non-Discrimination Religion/Belief, Oxford Encyclopedia of EU Law, Online, Oxford University Press, 2022, pp1-12 , [Mark Bell ]
Lisa Waddington, Mark Bell , The right to request flexible working arrangements under the Work-Life Balance Directive - a comparative perspective, European Labour Law Journal, 12, 2021, p508 - 528
EU Anti-Discrimination Law: Navigating Sameness and Difference in, editor(s)Paul Craig and Gráinne de Búrca , The Evolution of EU Law, OUP, 2021, pp651 - 677, [Mark Bell]
Mark Bell, Lisa Waddington , Similar yet different: the Work-Life Balance Directive and the expanding frontiers of EU non-discrimination law, Common Market Law Review, 58, 2021, p1401 - 1432
Article 20 - Equality Before the Law in, editor(s)Steve Peers, Tamara Hervey, Jeff Kenner, Angela Ward , The EU Charter of Fundamental Rights , Oxford, Hart Publishing, 2021, pp597 - 612, [Mark Bell]
Desmond Ryan and Mark Bell, Disability, Reasonable Accommodation and the Employer's Obligations: Nano Nagle School v Daly, Modern Law Review, 83, 2020, p1059 - 1071
Mark Bell , Fratelli Tutti: Pope Francis' Encyclical and Implications for Labour Law , 2020, -
Deirdre Ahern and Suryapratim Roy, Policy Responses to Covid-19 In Ireland: Supporting Individuals, Communities, Businesses, and the Economy, COVID-19 Legal Observatory, Dublin, Trinity College Dublin, December , 2020, p1 - 108
Mark Bell , Bridging a Divide: A Faith-Based Perspective on Anti-Discrimination Law, Oxford Journal of Law and Religion, 9, 2020, p56 - 78
Mark Bell , People with intellectual disabilities and labour market inclusion: What role for EU labour law?, European Labour Law Journal, 11, 2020, p3-25
Equal Treatment in, editor(s)Teun Jaspers, Frans Pennings, and Saskia Peters , European Labour Law, Cambridge, Intersentia, 2019, pp131 - 200, [Mark Bell and Ann Numhauser-Henning]
Mark Bell , People with Intellectual Disabilities and Employment Discrimination Law: A US Case Study, International Journal of Comparative Labour Law and Industrial Relations, 35, 2019, p401 - 426
EU Equality Law and Precarious Work in, editor(s)Uladzislau Belavusau and Kristin Henrard , EU Anti-Discrimination Law Beyond Gender, Oxford, Hart Publishing, 2019, pp75 - 94, [Mark Bell ]
Mark Bell , Adapting Work to the Worker: the Evolving EU Legal Framework on Accommodating Worker Diversity, International Journal of Discrimination and the Law, 18, 2018, p124 - 143
Mark Bell , The Principle of Equal Treatment and the European Pillar of Social Rights, Giornale di Diritto del Lavoro e di Relazioni Industriali, 160, 2018, p783 - 810
Mark Bell , Pitfalls and Progress: Reasonable Accommodation for Workers with Disabilities in Ireland, Dublin University Law Journal, 41, (1), 2018, p77 - 100
Mark Bell , Leaving Religion at the Door? The European Court of Justice and Religious Symbols in the Workplace, Human Rights Law Review, 17, 2017, p1-13
Sexual Identity, Law and Social Change in, editor(s)Ivana Bacik and Mary Rogan , Legal Cases that Changed Ireland, Dublin, Clarus Press, 2016, pp63 - 70, [Mark Bell]
Mark Bell , Disability, rehabilitation and the status of worker in EU Law: Fenoll, Common Market Law Review, 53, (1), 2016, p197 - 208
Mark Bell , Mental Health, Law and Creating Inclusive Workplaces, Current Legal Problems , 69, 2016, p1 - 34
Mark Bell and Lisa Waddington, The Employment Equality Directive and supporting people with psychosocial disabilities in the workplace: a legal analysis of the situation in the EU Member States, Brussels, European Commission, December , 2016, p1 - 131
Mark Bell , Mental Health at Work and the Duty to Make Reasonable Adjustments, Industrial Law Journal, 44, 2015, p194 - 221
Mark Bell , Sickness Absence and the Court of Justice: Examining the Role of Fundamental Rights in EU Employment Law, European Law Journal, 21, 2015, p641 - 656
Article 20 in, editor(s)S Peers, T Hervey, J Kenner and A Ward , The EU Charter of Fundamental Rights: A Commentary, Oxford, Hart Publishing, 2014, pp563 - 577, [Mark Bell ]
Constitutionalization and EU Employment Law in, editor(s)H Micklitz , The Constitutionalization of European Private Law, Oxford, OUP, 2014, pp137 - 169, [Mark Bell ]
Occupational Health and Safety in the UK: At a Crossroads? in, editor(s)E Ales , Health and Safety at Work: European and Comparative Perspective, Alphen aan den Rijn, Kluwer Law International , 2013, pp375 - 410, [Mark Bell ]
Mark Bell , Between Flexicurity and Fundamental Social Rights: The EU Directives on Atypical Work, European Law Review, 37, 2012, p31 - 48
Mark Bell , Gender Identity and Sexual Orientation: Alternative Pathways in EU Equality Law, American Journal of Comparative Law , 60, 2012, p127 - 146
Mark Bell, Achieving the objectives of the Part-Time Work Directive? Revisiting the Part-Time Workers Regulations, Industrial Law Journal, 40, 2011, p254 - 279
Lisa Waddington and Mark Bell, Exploring the boundaries of positive action under EU law: a search for conceptual clarity, Common Market Law Review, 48, 2011, p1503 - 1526
British developments in non-discrimination law: the Equality Act in, editor(s)R Schulze , Non-Discrimination in European Private Law, Tubingen, Mohr Siebeck, 2011, pp209 - 231, [Mark Bell ]
The principle of equal treatment: widening and deepening in, editor(s)P Craig and G de Búrca , The evolution of EU law, Oxford, OUP, 2011, pp611 - 639, [Mark Bell ]
Mark Bell , Judicial enforcement of the duties on public authorities to promote equality, Public Law, 2010, p672 - 687
U Archibong, M Bell and L Waddington, Exploring positive action from a legal perspective in EU and non-EU countries', International Journal of Diversity in Organisations, Communities and Nations , 9, 2009, p43 - 53
Mark Bell , The implementation of European anti-discrimination Directives: converging towards a common model?, The Political Quarterly, 79, 2008, p36 - 44
Mark Bell, Racism and Equality in the European Union, Oxford, Oxford University Press, 2008, 1 - 227pp
Dagmar Schiek, Lisa Waddington and Mark Bell (eds), Cases, Materials and Text on National, Supranational and International Non-Discrimination Law, Oxford, Hart Publishing, 2007, 1 - 1118pp
Mark Bell , Civic citizenship and migrant integration', European Public Law, 13, 2007, p311 - 334
Mark Bell , Employment law consequences of the Civil Partnership Act 2004', Industrial Law Journal, 35, 2006, p179 - 185
Mark Bell , Equality and the European Union Constitution', Industrial Law Journal, 33, 2004, p242 - 260
Mark Bell , Holding back the tide? Cross-border recognition of same-sex partnerships within the European Union', European Review of Private Law, 5, 2004, p613 - 632
Mark Bell , A hazy concept of equality, Feminist Legal Studies , 12, 2004, p223 - 231
Mark Bell , A patchwork of protection: the new anti-discrimination law framework', Modern Law Review, 67, 2004, p465 - 477
Mark Bell , Implementing the EU Racial Equality Directive: implications for immigration law', Tolley's Journal of Immigration, Asylum and Nationality Law , 18, 2004, p37 - 46
Mark Bell and Peter Cumper, Section 28 after the Human Rights Act, Journal of Social Welfare and Family Law, 25, 2003, p215 - 228
Mark Bell and Lisa Waddington, Reflecting on inequalities in European equality law', European Law Review, 28, 2003, p349 - 369
Peter Cumper and Mark Bell, Reforming Section 28: Lessons for Westminster from Holyrood, European Human Rights Law Review, (4), 2003, p400 - 409
Mark Bell , Anti-Discrimination Law and the European Union, Oxford, Oxford University Press, 2002, 1 - 269pp
Non-Peer-Reviewed Publications
Mark Bell, Religious Discrimination at the Workplace and Recent CJEU Case-Law, EU Equality Law Seminar, Belfast, 19 February, 2024, Northern Ireland Human Rights Commission
Mark Bell, Ireland, Care as a Constitutional Value, TriCON webinar, 28 February , 2024
Mark Bell, An Interactive Relationship: Equality, Ireland, and EU Law, 2023, -
Mark Bell , The Enduring Relevance of Catholic Social Teaching, Studies: An Irish Quarterly Review, 112, 2023, p394 - 402
Mark Bell , Ethics of Work, Trinity Arts and Humanities Research Festival, Trinity College Dublin, 27 September, 2023
Mark Bell, Definition of Key Concepts in EU Gender Equality Law, EU Gender Equality Law, Vienna, 9 November, 2023, Academy of European Law (ERA)
Mark Bell, Achieving Work-life Balance for Carers of Persons with Disabilities - Rights for Carers in EU and National Law, Life and Work in Balance: Legal responses to working life in times of change and crisis, Norway, 26 October, 2023, University of Bergen
Mark Bell , The right to request flexible working arrangements under the Work-Life Balance Directive, Current Reflections on EU Gender Equality Law, Trier, 5 December, 2022
Mark Bell, Fit for Flexible Working? The EU Work-Life Balance Directive , EU Law Research Cluster, Webinar, 15 September, 2021, University of Leicester
Mark Bell, The Promotion of Diversity and EU Social Policy Instruments , 143rd Conference of the Japan Association for Social Policy Studies, Webinar, 16 October, 2021
Mark Bell, The Personal Scope of the Equality Acts , Equality Action: the Review of the Equality Acts, Webinar, 5 November, 2021, Irish Human Rights and Equality Commission and Free Legal Advice Centres
Mark Bell , More Than an Afterthought? Equality Law in Ireland During the Pandemic, Exponential Inequalities: Equality Law in Times of Crisis, University of Oxford (online), 15 February, 2021
Mark Bell, Equality Law in Ireland Beyond the Pandemic, Status Check: 20 Years of the Equal Status Acts, Webinar, 22 June, 2021, Free Legal Advice Centres
Mark Bell, Smart Law for Smart Working? The EU Work-Life Balance Directive, A New Law for a Changing Family and Society, Webinar, 17 June , 2021, University of Florence
Mark Bell , Responding to the 'Rapidification' of Working Life: the Right to Disconnect, Studies - an Irish Quarterly Review, 110, 2021, p425 - 436
Mark Bell, Alan Eustace, Marta Lasek-Markey, Thomas Pahlen, A Right to Disconnect: Irish and European Legal Perspectives, Dublin, Covid-19 Law and Human Rights Observatory, Trinity College Dublin, May, 2021, p1 - 33
Mark Bell, Equal Rights, European Citizens' Panel , Online, 6 November, 2021, Conference on the Future of Europe
Mark Bell, Definition of Key Concepts in EU Anti-Discrimination Law, Applying EU Anti-Discrimination Law, Webinar, 19 January, 2021, Academy of European Law
Mark Bell, Definition of Key Concepts in EU Anti-Discrimination Law, Applying EU Anti-Discrimination Law, Webinar, 29 June, 2020, Academy of European Law
Mark Bell , Mental Health and Employment: the Role for Disability Discrimination Law, Ulster University Public Lecture Series, Law Society of Northern Ireland, 11 February, 2020
Mark Bell , Definition of Key Concepts in EU Anti-Discrimination Law, Applying EU Anti-Discrimination Law, Webinar, 28 September, 2020, Academy of European Law
Mark Bell , Reasonable Accommodation and Fostering the Employment of People with Intellectual Disabilities, EU Instruments to Foster Employment of People with Intellectual Disabilities, Webinar, 15 September, 2020, Inclusion Europe
Mark Bell, The Principle of Equal Treatment and the European Pillar of Social Rights , Berkeley Comparative Equality and Anti-Discrimination Law Study Group Annual Conference, Stockholm University, 17 June, 2019
Mark Bell , EU Anti-Discrimination Law: Navigating Sameness and Difference, Employment Law in a Time of Uncertainty, University College Dublin, 6 December, 2019
Mark Bell, The Equality Provisions of the EU Charter and their Potential in Relation to Domestic Law, FLAC: The EU Charter and the ECHR: Practice and Potential, The Law Society of Ireland, 18 October, 2019
Mark Bell , The Future of EU Labour Law: Insights from Christian Ethics, Regulating the Future of Human Work: a Christian Ethics Perspective, Trinity College Dublin, 4 October, 2019
Mark Bell , Brexit: where are we now and what happens next? Politics, Trade and Labour Law, Brussels European Employee Relations Group, Brussels, 30 January, 2019
Mark Bell, Regulating the Future of Human Work: A Christian Ethics Perspective, 4 October, 2019, Trinity College Dublin
Mark Bell , Using Law to Foster Labour Market Inclusion for People with Intellectual Disabilities, Research Seminar, National University of Ireland Galway, 1 April, 2019
Mark Bell , The Definition of Key Concepts in EU Anti-Discrimination Law, Academy of European Law: Applying EU Anti-Discrimination Law , Barcelona, 24 October, 2019
Mark Bell , The Future of EU Labour Law: Insights from Christian Ethics, Studies - an Irish Quarterly Review, 108, (432), 2019, p458 - 468
Mark Bell , Adapting Work to the Worker: The Evolving EU Legal Framework on Accommodating Worker Diversity, EU Employment Law Update, Dublin, 25 January, 2018, Irish Centre for European Law
Mark Bell , Can Anti-Discrimination Law Improve the Position of People with Intellectual Disabilities in the Labour Market? Learning from Experience in the USA, Berkeley Comparative Anti-Discrimination Law Study Group Annual Conference, University of Melbourne, 11 June, 2018
Mark Bell , Workers on the Margins: People with Intellectual Disabilities and Labour Law, Industrial Relations in Europe 2018, KU Leuven, 12 September, 2018
Edoardo Ales, Mark Bell, Olaf Deinert, Sophie Robin-Olivier (eds), International and European Labour Law: Article-by-Article Commentary, Baden Baden, Nomos/Beck/Hart Publishing, 2018, 1 - 1678pp
Mark Bell, Reflecting on the Effectiveness of EU Anti-Discrimination Law, University of Luxembourg, 13 July, 2018
Art 10 TFEU (pp 21-23), Art 19 TFEU (pp 23-26), Art 20 CFREU (pp 200-203), Art 21 CFREU (pp 203-209), Art 15 RESC (pp 307-310), Art 20 RESC (pp 316-319), Art 14 ECHR (pp 461-465). Co-author of General Introduction (pp XXXIII-XLVII) and introductions to Part 1 (Fundamental Provisions) (pp 1-6) , Part 2 (Equality Law) (pp 431-432), Part 3 (Workers' Mobility) (pp 641-642). in, editor(s)Edoardo Ales, Mark Bell, Olaf Deinert, Sophie-Robin Olivier. , International and European Labour Law: Article-by-Article Commentary, Baden Baden, Nomos/Beck/Hart Publishing, 2018, pp1 - 1678, [Mark Bell]
Mark Bell, Freedom of Religion and the Right to Non-Discrimination, Human Rights and Religions Summer School, Trinity College Dublin, 21 June 2017, 2017
Mark Bell , Religion, Reasonable Accommodation and the Hesitancy of European Courts, Faculty Colloquium, Boston, USA, 27 October, 2017, Boston College Law School
Mark Bell , The European Pillar of Social Rights and EU Employment Law: a New Horizon or False Dawn? , Employment Law Distinguished Guest Lecture 2017, UCD Sutherland School of Law, 29 November, 2017
Mark Bell , Pitfalls and Progress: Reasonable Accommodation for Workers with Disabilities in Ireland, Society of Legal Scholars Annual Conference, University College Dublin, 7 September 2017, 2017
Mark Bell , Accommodating Workplace Diversity - Towards An Overarching Duty in EU Equality Law?, Rethinking EU Equality Law, Institute for Advanced Legal Studies, London, 19 May 2017, 2017
Mark Bell , Pitfalls and Progress: Reasonable Accommodation for Workers with Disabilities in Ireland, Berkeley Comparative Equality and Anti-Discrimination Law Study Group, Online Seminar, 14 September, 2017
Mark Bell , Religion, Reasonable Accommodation and European Anti-Discrimination Law, Irish Society for European Law, European Equality Law Seminar, Dublin, 26 January 2017, 2017
Mark Bell , When Can the Charter be Applied? The View from the CJEU, Using the EU Charter of Fundamental Rights, Trinity College Dublin, 12 January 2017, 2017
Mark Bell , Freedom of Religion and the Right to Non-Discrimination: European Perspectives , Thelton E. Henderson Center for Social Justice, BerkeleyLaw, University of California, Berkeley, 13 September , 2017
Mark Bell , EU Employment Law: Dead End, U-Turn, or New Road Ahead?, University of Leicester, 4 February 2017 , 2017
Mark Bell, Annual Conference, Berkeley Comparative Equality and Anti-Discrimination Study Group, 15-16 June 2017, 2017, Trinity Long Room Hub, Trinity College Dublin
Mark Bell, Data Collection in Relation to LGBTI People, Brussels, Publications Office of the European Union, 2017, p1 - 22
Mark Bell , Seeking Employment and the Legal Protection of People with Mental Health Problems, Empowering Young Adults with Disabilities, Trinity Centre for Health Sciences, Trinity College Dublin, 21 June 2016, 2016
Mark Bell, The Right to Non-Discrimination and European Law, Universita degli Studi di Genova, 8 November 2016, 2016
Equality , A Wiesand, K Chainoglou, A Sledzinska-Simon, Y Donders, Culture and Human Rights: The Wroclaw Commentaries, Berlin/Boston, De Gruyter, 2016, pp154 - 156, [Mark Bell]
Mark Bell, Promoting diversity and inclusion through workplace adjustments: a practical guide, Promoting diversity and inclusion through workplace adjustments, Geneva, 2 December 2016, 2016, International Labour Organisation
Mark Bell , Mental Health, Law and Creating Inclusive Workplaces, Berkeley Comparative Anti-Discrimination Law Study Group, Online Seminar, 9 March 2016, 2016
Mark Bell , Mental Health and Employment in Ireland: Is Equality Law the Solution?, Inaugural Lecture, Trinity College Dublin, 26 January, 2016
Mark Bell , EU Migrants and the Racial Equality Directive, EU Discrimination Law and Intra-EU Mobility, Université Paris I Panthéon-Sorbonne, 9 September 2016, 2016
Mark Bell and Lisa Waddington, The Employment Equality Directive and supporting people with psychosocial disabilities in the workplace, European Commission Non-Discrimination Legal Seminar , Brussels, 25 November 2016, 2016
Mark Bell, When Can the Charter be Applied? The View from the CJEU, Workshop on Using the EU Charter of Fundamental Rights, London, 6 July 2016, 2016
Mark Bell , Zero-Hours Contracts: Retention and Reform in the UK, Zero-Hours Contracts, Trinity College Dublin, 2 February 2015, 2015, Employment Law Association of Ireland
Mark Bell , EU Equality Law and Precarious Work, EU Anti-Discrimination Law: 15 Years After, Vrije Universiteit Amsterdam, 18 September 2015, 2015
Mark Bell , Collective Bargaining and Fundamental Rights for Atypical Workers: The Contribution of EU Law, Collective Bargaining for Atypical Workers in the Live Entertainment and Audiovisual Sectors, Dublin, 8 September 2015, 2015
Mark Bell , Mental Health, Law and Creating Inclusive Workplaces, Current Legal Problems, University College London, 19 November 2015, 2015, University College London
Mark Bell, An Update on the Working Time Directive, ICEL Employment Law Conference, Dublin, 11 December 2015, 2015
Mark Bell, Mental Health and the Duty to Make Reasonable Adjustments, Challenges for Labour Law, London, 9 May 2014, 2014, Kingston University
Mark Bell , LGBT Rights at Work: Recent Developments in EU Law and the ECHR, International Law Congress, Ankara, Turkey, 10 January 2014, 2014, Ankara Bar Association
Mark Bell, In Sickness and in Health? Illness and EU Employment Law, UACES 44th Annual Conference, Cork, 1-3 September 2014, 2014, pp24
Mark Bell , Anti-Discrimination Law: Using European and International Instruments, Anti-Discrimination Law: Using European and International Instruments, Tallin, 14 October 2014, 2014, Estonian Human Rights Centre
Mark Bell, Overview of the Legal Protection under EU and UK Law, Agency Workers Protection Seminar, Belfast, 17 January 2013, 2013, Northern Ireland Council for Ethnic Minorities
Mark Bell, Ageing Gracefully? The evolution of EU law on age discrimination, Research Seminar, Brighton, 27 March 2013, 2013, University of Sussex
Mark Bell , Can we rely on Europe? Is Europe the answer?, Equality 2015 - Setting the Agenda, London, 21 October 2013, 2013, Discrimination Law Association
Mark Bell , The Equality Act 2010: two steps forward, one step back?, Current Developments in Employment Law, Leicester, 10 May 2013, 2013, University of Leicester
Research Expertise
Description
Mark's research interests lie primarily in the areas of equality and work. His current research is focused on the relationship between religion and employment/labour law, including analysis of the contribution that religious beliefs can bring to ethical reflection on justice in working life. He has published extensively on anti-discrimination law, employment/labour law, and EU law. Recent research on equality has explored the rights of persons with disabilities, especially those with intellectual or psychosocial disabilities. In relation to employment/labour law, his recent research has focused on work-life balance and the extent to which employers should make adjustments for workers' personal situations and identities. His research has also addresses the legal regulation of non-standard forms of work, such as temporary or part-time work. Mark welcomes inquiries from potential research students in areas broadly related to anti-discrimination law and employment/labour law. He has experience of supervising doctoral research in these fields dealing with domestic law, comparative law, and EU law.Projects
- Title
- The Employment Equality Directive and Supporting People with Psychosocial Disabilities in the Workplace
- Summary
- This project produced a report for the European Commission, jointly authored with Professor Lisa Waddington, Maastricht University. It examined the role that EU Law, specifically Directive 2000/78, plays in providing support in the labour market for those who experience mental health problems amounting to a psychosocial disability. It examined the definition of disability found in EU and national law, and the extent to which the concept of reasonable accommodation has been applied to persons with psychosocial disability. It also explored the role playing by stigma in creating barriers for those with mental health problems and evidence of measures adopted by Member States to combat this phenomenon: http://www.equalitylaw.eu/downloads/3966-the-employment-equality-directive-and-supporting-people-with-psychosocial-disabilities-in-the-workplace-a-legal-analysis-of-the-situation-in-the-eu-member-states
- Funding Agency
- European Commission via Human European Consultancy
- Date From
- May 2016
- Date To
- November 2016
- Title
- Don't knock on the wrong door: Charter Click
- Summary
- The project involves a consortium of European universities, together with governmental and non-governmental agencies that provide advice to citizens on the enforcement of rights. The project will examine the practice of national courts, and the EU courts, in applying the Charter of Fundamental Rights. This only applies if the factual scenario falls within the scope of EU law, which is a frequent source of confusion and uncertainty. The project aims to create an online resource that can assist citizens in understanding whether the Charter applies to their individual situation.
- Funding Agency
- European Commission
- Date From
- February 2015
- Date To
- February 2017
- Title
- European Network of Legal Experts in Gender Equality and Non-Discrimination
- Summary
- The Network conducts analysis of the implementation of EU anti-discrimination legislation within the Member States, the EEA states, and certain candidate countries for EU membership. During 2015, Mark is the acting coordinator for disability issues, which entails analysing the draft national reports as well as other contributions to the functioning of the Network. See further: http://www.non-discrimination.net
- Funding Agency
- European Commission
- Date From
- 2015
- Title
- Promoting Diversity and Inclusion Through Workplace Adjustments: A Practical Guide
- Summary
- Mark played a key role in finalising a guide for the International Labour Organisation on promoting diversity and inclusion in the workplace through the provision of workplace adjustments. The guide aims to identify the steps that employers should take, such as putting in place a procedure for handling requests from workers for accommodation. It provides examples of accommodations that might be considered for workers with physical or mental disabilities, those affected by HIV, those with family responsibilities or workers who need an accommodation due to a particular religious practice: http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_536630.pdf
- Funding Agency
- International Labour Organisation
- Date From
- August 2015
- Date To
- December 2016
- Title
- Analysis of Comparative Review of Equality Data Collection Practices in the EU
- Summary
- Mark Bell is a Senior Expert in the team of researchers in this project. It is gathering information on the extent to which data relating to equality is gathered across the 28 EU Member States. This might include data on complaints of discrimination, individual experiences of discrimination or outcomes for minority groups in areas like employment and education.
- Funding Agency
- European Commission via Human European Consultancy
- Date From
- 31/8/15
- Date To
- 30/8/16
Recognition
Awards and Honours
European University Institute Law Prize for doctoral thesis
Jean Monnet Fellowship, Robert Schuman Centre for Advanced Studies, European University Institute
Memberships
Employment Law Association of Ireland
Society of Legal Scholars
Discrimination Law Association
Irish Association of Law Teachers
Hilary Biehler
Professor Hilary Biehler
Professor of Public Law, Law
Biography
Hilary Biehler is a barrister and Professor of Public Law at the Law School Trinity College, Dublin. She obtained a B.A.(Mod.), M.Litt., Ph.D. and LL.D. in law from Trinity College Dublin and was called to the Irish Bar in 1988. She was a Commissioner with the Law Reform Commission from 1997-2005 and Editor of the Irish Law Reports Monthly from 1993-2008. She was Head of the Law School at Trinity College from 2003-2005, 2008-2010 and 2011-2014. She was Vice Dean of the Schools of Law and Education in 2005-2006, Pro-Dean of the Faculty of Social and Human Sciences in 2007 and Pro-Dean of the Faculty of Arts, Humanities and Social Sciences in 2010-2011. She has published widely in the areas of Equity and the Law of Trusts, Administrative law and Civil Procedure.
Publications and Further Research Outputs
Peer-Reviewed Publications
Biehler, H, Dismissal of Proceedings on Grounds of Delay, Irish Law Times, 42, (1), 2024, p6 - 12
Biehler, H., Delany & McGrath on Civil Procedure, 5th, Dublin, Round Hall Thomson Reuters, 2024, 1 - 1712pp
Biehler, H., Case Stated Procedure - Recent Developments, Irish Law Times, 41, (1), 2023, p7 - 14
Biehler, H., Security for the Costs of Appeals, Irish Jurist, 69, 2023, p43 - 60
Biehler, H., Recent Developments in Judicial Review Procedure Part II, Irish Law Times, 41, (11), 2023, p159 - 164
Biehler, H., Recent Developments in Judicial Review Procedure Part 1, Irish Law Times, 41, (10), 2023, p147 - 152
Biehler, H., Judicial Review and Remittal in Civil Proceedings, Irish Law Times, 40, (1), 2022, p10 - 16
Biehler, H., Security for Costs and Corporate Plaintiffs - A Re-appraisal of Special Circumstances?, Irish Supreme Court Review, 4, 2022, p1 - 20
Biehler, H., The Nemo Iudex in Causa Sua Principle: Getting the Balance Right, Dublin University Law Journal, 42, (2), 2022, p113 - 129
Biehler, H., A Comparative Analysis of the Some Aspects of the Charities Act 2011 and the Irish Charities Act 2009, Trust Law International, 35, (2), 2021, p71 - 89
Biehler, H., Third Party Procedure - An Analysis of Recent Decisions, Irish Law Times, 39, (1), 2021, p7 - 15
Biehler, H., The Concept of Sufficient Interest in Judicial Review Proceedings, Irish Jurist, 65, 2021, p1 - 24
Biehler, H., Procedural Fairness and a Two Stage Process - Why There Can Be No 'Bright Line Rule', Irish Jurist, 63, 2020, p28 - 47
Biehler, H., The Right to Representation as an Aspect of Procedural Fairness, Irish Law Times, 38, (13), 2020, p5 - 12
Biehler, H., Interlocutory Injunctions - Recent Guidance from the Supreme Court, Irish Law Times, 38, (13), 2020, p190 - 195
Biehler, H., Equity and the Law of Trusts in Ireland, 7th, Dublin, Thomson Reuters, 2020, 1 - 1080pp
Biehler, H., Undue Influence and Third Parties - An Update on the Position in Ireland, Irish Law Times, 37, (13), 2019, p186 - 193
Biehler, H., The Criteria for Appeals to the Supreme Court, Irish Law Times, 37, (1), 2019, p7 - 13
Biehler, H., The Rationale for the Duty to Provide Reasons for Administrative Decisions, Irish Jurist, 61, 2019, p148 - 158
Biehler, H., Security for Costs and Corporate Plaintiffs - Recent Developments, Irish Law Times, 37, (7), 2019, p98 - 103
Biehler, H., The Scope of Common Intention Constructive Trusts: Where to Draw the Line?, Trust Law International, 32, (2), 2018, p63 - 72
Biehler, H., Time Limits in Judicial Review Proceedings, Irish Law Times, 36, (1), 2018, p7 - 14
Biehler, H., McGrath D., Egan McGrath E., Delany and McGrath on Civil Procedure, 4th, Dublin, Thomson Reuters Round Hall, 2018, 1 - 1437pp
Biehler, H., Maintenance and Champerty and Access to Justice - the Saga Continues, Irish Jurist, 59, 2018, p130 - 145
Biehler, H., Principles Relating to the Awarding of Costs in Cases which do not Proceed to a Determination, Irish Law Times, 35, (12), 2017, p154 - 160
Biehler, H., Upholding Standards in Public Decision-Making: Getting the Balance Right, Irish Jurist, 57, 2017, p94 - 118
Biehler, H., Normal and Leapfrog Appeals to the Supreme Court, Irish Law Times, 35, (1), 2017, p5 - 10
Biehler, H., The Statement of Grounds in Judicial Review Proceedings: Recent Developments, Irish Law Times, 34, (13), 2016, p187 - 193
Biehler, Hilary, Equity and the Law of Trusts in Ireland, 6th, Dublin, Round Hall Thomson Reuters, 2016, 1 - 972pp
Biehler, H., DIsmissal of Proceedings on Grounds of Delay, Irish Jurist, 55, 2016, p175 - 188
Biehler, H., Third Party Funders - Costs and Discloure Orders, Irish Law Times, 34, (1), 2016, p7 - 13
Biehler, H., The Political Purposes Exception - Is There a Future for a Doctrine Built on Foundations of Sand?, Trust Law International, 29, (3), 2015, p97 - 113
Biehler, H., Remedies in Cases of Proprietary Estoppel: Towards a More Principled Approach? , Irish Jurist, 54, 2015, p79 - 95
Biehler, H., Trusts for the Relief of Poverty and the Public Benefit: Time for a Reappraisal, Trust Law International, 28, (3), 2014, p145 - 156
Biehler, H. and Donnelly, C., Proportionality in the Irish Courts: the Need for Guidance, European Human Rights Law Review, (3), 2014, p272 - 283
Biehler, H., The Right to Privacy and the Retention of DNA Profiles - Getting the Balance Right, European Human Rights Law Review, (5), 2014, p479 - 489
Biehler, H., Curial Deference in the Context of Judicial Review of Administrative Action Post - Meadows, Irish Jurist, 49, 2013, p29 - 48
Biehler, H., Judicial Review of Administrative Action: A Comparative Analysis, 3rd, Dublin, Round Hall Thomson Reuters, 2013, 1 - 540pp
Biehler, H., Legitimate Expectation - An Odyssey, Irish Jurist, 50, 2013, p40 - 69
Biehler, H., Joining a Defendant - Time Bar Issues, Irish Law Times, 30, 2012, p227 - 231
Delany, H. and McGrath, D., Civil Procedure in the Superior Courts, 3rd edition, Dublin, Thomson Reuters (Professional) Ltd, 2012, cxxxii + 1196pp
Biehler, H., "Security for Costs: A Reappraisal of Established Principles, Dublin University Law Journal, 35, 2012, p173 - 198
Delany, H. and Ryan D., "Springboard Injunctions: An Analysis of Emerging Principles in the Case Law of the English and Irish Courts, Civil Justice Quarterly, 31, (3), 2012, p284 - 303
Delany, H, The Law Relating to Charitable Trusts: Judicial Guidance and Statutory Intervention, Dublin University Law Journal, 33, 2011, p196 - 219
Delany, H and Donnelly, C, The Irish Supreme Court inches towards proportionality review, Public Law, P.L. 2011, 2011, p9 - 19
Delany, H., Equity and the Law of Trusts in Ireland, 5th, Dublin, Thomson Reuters (Professional) Ireland Ltd, 2011, 1 - 890pp
Delany, H, The test for the grant of mandatory interlocutory injunctions, Irish Law Times, 28, 2010, p217 - 220
Delany, H, Dismissal for want of prosecution - has the test changed?, Irish Law Times, 28, 2010, p5 - 9
Delany, H and Egan McGrath, E, The Discovery Rules - Judicial Proactivity and SI 2009/93, Irish Law Times, 28, 2010, p42 - 47
Delany, H, Judicial Review of Administrative Action: A Comparative Analysis, 2nd, Dublin, Thomson Round Hall, 2009, 1 - 489pp
Delany, H., Trustee Exemption Clauses - Proposals for Regulation, Trust Law International, 23, (2), 2009, p91 - 102
Delany, H., The relevance of the availability of an alternative remedy in judicial review proceedings, Irish Law Times, 27, 2009, p10 - 13
Delany, H, Is there a future for proprietary estoppel as we know it?, Dublin University Law Journal, 31, 2009, p440 - 457
Delany, H., Recent Developments in Administrative Law in Canada, Dublin University Law Journal, 30, 2008, p100 - 119
Delany, H. and Ryan, D., Unconscionability: A Unifying Theme in Equity?, The Conveyancer and Property Lawyer, 72, (5), 2008, p401 - 436
Hilary Delany and Eoin Carolan, The Right to Privacy, Dublin, Thomson Round Hall, 2008, 1 - 352pp
Delany, H, "Substantial Grounds" and "Substantial Interest" - A Restrictive Interpretation, Irish Law Times, 26, 2008, p246 - 253
Delany, H., The costs of interlocutory and leave applications, Irish Law Times, 25, 2007, p271 - 277
Delany, H., Equity and the Law of Trusts in Ireland, 4th ed.,, Dublin, Thomson Round Hall, 2007, cviii, 828pp
Delany, H and Murphy, C., Towards common principles relating to the protection of privacy rights?, European Human Rights Law Review, (5), 2007, p568 - 582
Delany, H, Legitimate expectations and substantive effect, Dublin University Law Journal, 29, 2007, p413 - 426
Delany, H., Joining co-defendants and amici curiae, Irish Law Times, 25, 2007, p237 - 241
Delany, H., Employment Injunctions: the role of mutual trust and confidence, Dublin University Law Journal, 28, 2006, p363 - 379
Delany, H., Mareva Injunctions - recent developments, Irish Law Times, 24, 2006, p9 - 16
Hilary Delany, Prior restraint orders and freedom of expression - towards a unified approach, Irish Jurist , 40, 2005, p138 - 159
Delany, H., The requirement to act promptly in judicial review proceedings, Irish Law Times, 23, 2005, p230 - 235
Equity in, editor(s)Binchy W., Byrne R. , Annual Review of Irish law 2004, Dublin, Thomson Round Hall, 2005, pp265 - 272, [Delany, H]
Delany, H., McGrath D., Civil Procedure in the Superior Courts , 2nd edition, Dublin, Thomson Round Hall, 2005, cxxxi + 890 pp
Practice and Procedure in, editor(s)Binchy, W., Byrne, R. , Annual Review of Irish Law 2004, Dublin, Thomson Round Hall, 2005, pp409 - 430, [Delany, H]
Delany H., Security for the costs of discovery, Journal of Civil Practice and Procedure, 1, (1), 2005, p3 - 7
Delany, H., Breach of confidence or breach of privacy: the way forward, Dublin University Law Journal, 27, 2005, p151 - 168
Delany H., The obligation on the courts to deal with cases within a "reasonable time, Irish Law Times, 22, 2004, p249 - 254
Delany H., The constitutionality of limitation periods without savers, Irish Law Times, 22, 2004, p262 - 266
Delany H., The amended discovery rules -clarification of the extent of the changes, Irish Law Times, 22, 2004, p12 - 16
Delany H., Extension of time limits in judicial review proceedings, Irish Law Times, 21, 2003, p156 - 160
Delany H., Equity, Annual Review of Irish Law, 2003
Delany H., Constitutional law - Interference by the legislature in the judicial domain' , Irish Law Times, 21, 2003, p272 - 276
Delany H., Equity and the Law of Trusts in Ireland, 3rd ed., Thomson Round Hall, 2003, ci +740pp
Delany H., Satisfying the equity in cases of proprietary estoppel, Dublin University Law Journal, 25, 2003, p217 - 229
Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 2003
Delany H., Applications to set aside orders granting leave in judicial review proceedings, Irish Law Times, 20, 2002, p269 - 272
Delany H., McGrath D., Civil Procedure in the Superior Courts, Round Hall Sweet and Maxwell, 2002, cxiii + 722pp
Delany H., Equity and the Law of Trusts in Ireland: Cases and Materials, Round Hall Sweet and Maxwell, 2002, lx +1093pp
Delany H., Equity, Annual Review of Irish Law, 2002
Delany H., Judicial review in cases of asylum seekers - the role of curial deference and the question of whether the standard of review should vary, Dublin University Law Journal, 24, 2002, p1 - 25
Delany H., Regulation of the Supreme Court's appellate jurisdiction must be clear and unambiguous, Irish Law Times, 20, 2002, p73 - 78
Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 2002
Delany H., Extension of time for bringing judicial review pursuant to s.5 of the Illegal Immigrants (Trafficking) Act 2000, Irish Law Times, 20, 2002, p44 - 48
Delany H., Equity, Annual Review of Irish Law, 2001
Delany, H., Discovery - How strictly is the new Order 31, rule 12 being interpreted?, Irish Law Times, 19, 2001, p57 - 60
Delany H., Judicial Review of Administrative Action: A Comparative Analysis, Round Hall Ltd, 2001, xl + 281pp
Delany H., Setting aside final orders, Dublin University Law Journal, 23, 2001, p1 - 20
Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 2001
Delany H., Judicial review proceedings: Discretionary factors and the effect of delay, Dublin University Law Journal, 22, 2000, p236 - 254
Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 2000
Delany H., Striking out where no reasonable cause of action, where claim frivolous or vexatious or where clearly unsustainable, Irish Law Times, 18, 2000, p127 - 130
Delany H., Equity, Annual Review of Irish Law, 2000
Delany H., Security for costs in relation to corporate plaintiffs, Irish Law Times, 18, 2000, p58 - 61
Delany H., Third party procedure and concurrent wrongdoers - Service of third party proceedings as soon as is reasonably possible, Dublin University Law Journal, 21, 1999, p190 - 206
Delany H., Recent developments in relation to the Nemo Iudex in Causa Sua principle, Dublin University Law Journal, 21, 1999, p66 - 89
Delany H., Equity, Annual Review of Irish Law, 1999
Delany H., Recent developments in relation to discovery, Irish Law Times, 17, 1999, p203 - 206
Delany H., The Courts Acts 1924-1997, 2nd ed., Round Hall Sweet and Maxwell, 1999, lxxi + 538pp
Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 1999
Delany H., Equity and the Law of Trusts in Ireland, 2nd ed., Round Hall Sweet and Maxwell, 1999, xci + 706pp
Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 1998
Delany H., Significant themes in judicial review of administrative action, Dublin University Law Journal, 20, 1998, p73 - 100
Delany H., Equity, Annual Review of Irish Law, 1998
Delany H., Equity, Annual Review of Irish Law, 1997
Delany H., The future of the doctrine of legitimate expectations in Irish administrative law, Irish Jurist, 32, 1997, p217 - 242
Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 1997
Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 1996
Delany H., Equity, Annual Review of Irish Law, 1996
Delany H., Equity, Annual Review of Irish Law, 1995
Delany H., Equity and the Law of Trusts in Ireland, Round Hall Sweet and Maxwell, 1995, 577pp
Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 1995
Delany H., The Courts Acts 1924-1991, Round Hall Sweet and Maxwell, 1994, xliv + 339pp
Delany H., Equity, Annual Review of Irish Law, 1994
Delany H., Charitable status and cy-pres jurisdiction, Northern Ireland Legal Quarterly, 45, 1994, p364 - 377
Delany H., Hogan G., Anglo-Irish extradition as viewed from an Irish perspective, Public Law, 1993, p93 - 120
Delany H., Interlocutory injunctions - Adequacy of damages and other factors, Dublin University Law Journal, 15, 1993, p228 - 242
Delany H., Legal representation in administrative proceedings: a matter of right or discretion?, Dublin University Law Journal, 14, 1992, p88 - 100
Delany H., Employment Law - Natural justice and the officeholder / employee distinction, Dublin University Law Journal, 10, 1990, p164 - 174
Delany H., The doctrine of legitimate expectation in Irish law, Dublin University Law Journal, 12, 1990, p1 - 25
Non-Peer-Reviewed Publications
The Proposed Court of Appeal in, editor(s)Bacik and Prendergast , Criminal Law and Practice Review , Dublin, Clarus Press, 2014, pp129 - 142, [Biehler, H.]
Delany H., Amendments to a statement of grounds in judicial review proceedings, Practice and Procedure, 3, 2001, p2 - 5
Delany H., Dismissal for want of prosecution or on grounds of inordinate and inexcusable delay, Practice and Procedure, 2, 2000, p2 - 7
Delany H., Dismissal for want of prosecution, Irish Law Times, 14, 1996, p240 - 243
Delany H., Security for costs and plaintiffs resident outside the jurisdiction, Irish Law Times, 14, 1996, p119 - 122
Delany H., The duty to give reasons in administrative decision-making, Irish Law Times, 12, 1994, p145 - 148
Delany H., The scope of judicial review - a question of the source or nature of powers, Irish Law Times, 11, 1993, p12 - 16
Delany H., The doctrine of legitimate expectations: Recent developments, Irish Law Times, 11, 1993, p192 - 195
Delany H., Statutory interpretation - can legislation have retrospective effect?, Irish Law Times, 10, 1992, p133 - 137
Delany H., Recent developments in locus standi in Irish constitutional law, Irish Law Times, 8, 1990, p147 - 151
Research Expertise
Description
Equity and the Law of Trusts, Administrative Law, particularly Judicial Review of Administrative Action, and Civil ProcedureRecognition
Representations
Commissioner, The Law Reform Commission
Awards and Honours
Fellow of Trinity College, Dublin
Patricia Brazil
Ms. Patricia Brazil
Averil Deverell Assistant Professor, Law
Biography
Patricia Brazil LL.B., M.Litt, Ph.D., Barrister-at-Law is the Averil Deverell Lecturer in Law at Trinity College Dublin where she lectures in refugee and immigration law, family law and child law. She has also practised as a barrister since 2004, specialising in the areas of asylum and immigration, family and child law. She regularly delivers conference papers at both domestic and international conferences pertaining to refugee, immigration and child law and has extensive publications in these areas.
Publications and Further Research Outputs
Peer-Reviewed Publications
Brazil, Patricia, Irish Supreme Court Review, 1, Dublin, Clarus Press, 2019, 1 - 241pp
Gender and migration in Irish law in, editor(s)Peter Dunne and Lynsey Black , Law and Gender in Modern Ireland, Hart, 2019, pp249 - 262, [Patricia Brazil]
Children and Young People's Experiences of Migration in Ireland in, editor(s)Fanning and Michaels , Immigrants as Outsiders in the Two Irelands, Manchester, Manchester University Press, 2019, pp145 - 163, [Brazil, Cosgrave and Mannion]
LGBTI asylum applications in Ireland: status determination and barriers to protection in, editor(s)Guler, Shevtsova and Venturi , LGBTI Asylum Seekers and Refugees from a Legal and Political Perspective, Springer, 2019, pp141 - 163, [P Brazil and S Arnold]
Brazil and Cosgrave, The Implications of Brexit for British Citizens in Ireland Navigating the Irish Immigration System, Journal of Immigration and Asylum Law, 32, (1), 2018, p10 - 27
Brazil, Patricia, The Citizens Directive in Irish Law - A Cautionary Tale, IJEL, 19, (1), 2016, p11 - 26
Brazil, Patricia, Recent developments concerning transfer of child care proceedings under Brussels II Revised, The Irish Jurist, 51, 2014, p181 - 189
Patricia Brazil, The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010: Radical New Departure in Irish Law?, Dublin University Law Journal, 34, 2011, p234-
Patricia Brazil, Book review: Fitzgibbon, Wardle and Loveless (eds) The Jurisprudence of Marriage and Other Intimate Relationships , by Fitzgibbon, Wardle and Loveless (eds) , Dublin University Law Journal, 2010
"Delay in the Prosecution of Sexual Offences" in, editor(s)Liz Heffernan and Ivana Bacik , Criminal Law and Procedure: Current Issues and Emerging Trends, Ireland, First Law, 2009, pp52 - 64, [Patricia Brazil]
Patricia Brazil, "Recent issues in Refugee Family Reunification under Irish Law", Dublin University Law Journal, 2009, (1), 2009, p412 - 420
The Influence of the ECHR on Irish Asylum Law in, editor(s)Ursula Kilkelly , ECHR and Irish Law, Jordans, 2008, [S. Egan and P.Brazil]
Patricia Brazil, Review of Criminal Procedure, by Dermot Walsh , Dublin University Law Journal, 25, 2003
Non-Peer-Reviewed Publications
William Binchy and Raymond Byrne, Asylum and Immigration Law, Annual Review of Irish Law 2015, 2016, p14 - 60
Asylum and Immigration Law in, editor(s)William Binchy and Raymond Byrne , Annual Review of Irish Law 2013, Dublin, Round Hall, 2014, pp17 - 34, [Patricia Brazil]
Asylum and Immigration in, editor(s)William Binchy and Raymond Byrne , Annual Review of Irish Law 2012, Ireland, Thomson Round Hall, 2013, pp8 - 36, [Patricia Brazil and Nuala Egan]
Asylum and Immigration Law in, editor(s)William Binchy and Raymond Byrne , Annual Review of Irish Law 2011, Ireland, Thomson Round Hall, 2012, [Patricia Brazil and Nuala Egan ]
Asylum and Immigration Law in, editor(s)William Binchy and Raymond Byrne , Annual Review of Irish Law 2010, Ireland, Thomson Round Hall, 2011, [Patricia Brazil and Nuala Egan]
Asylum and Immigration Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2009, Ireland, Thomson Round Hall, 2010, [Patricia Brazil and Nuala Egan]
"Asylum & Immigration Law" in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2008, Ireland, Thomson Round Hall, 2009, pp1 - 28, [Patricia Brazil and Nuala Egan]
Asylum and Immigration Law in, editor(s)Byrne & Binchy , Annual Review of Irish Law 2006, Ireland, Round Hall , 2007, pp7 - 76, [Brazil & Egan]
Asylum & Immigration Law in, editor(s)William Binchy & Raymond Byrne , Annual Review of Irish Law 2005, Dublin, Round Hall, 2006, pp11 - 71, [Patricia Brazil & Nuala Egan]
Asylum and Immigration Law in, editor(s)William Binchy and Raymond Byrne , Annual Review of Irish Law, Dublin, Round Hall, 2005, pp27 - 64, [Patricia Brazil & Nuala Egan]
Patricia Brazil, Who is a qualified cohabitant for the purposes of the 2010 Act, Conference on the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 , Dublin, 2 April 2011
Patricia Brazil, Applications for asylum by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, Refugee and Immigration Practitioners Network, Dublin, 25 January 2011
Brazil, "Bail, Electronic Tagging and Crime Prevention Orders" delivered at "The Criminal Justice Bill 2007: Implications for Law and Practice" , Criminal Justice Bill 2007 , Trinity College Dublin, May 9, 2007
Patricia Brazil, Recent Developments in Asylum and Immigration Judicial Review, Conference on Recent Developments in Judicial Review, Trinity College Dublin, 10 February 2012
Patricia Brazil, Law Reform Commission Consultation Paper on the Court Poor Box, Dublin, Law Reform Commission, 2004
Patricia Brazil, Law Reform Commission Consultation Paper on Trust Law: General Proposals, Dublin, Law Reform Commission, 2005
Patricia Brazil, Report on Services and Legislation for Victims of Crime, Accommodating Victims in the Criminal Justice System: An Inclusionary or Punitive Logic, Centre for Criminal Justice and Human Rights at University College Cork, 11 June 2010
Patricia Brazil, Proceedings to which the best interests test does and does not apply: practical implications, Conference on the Children's Rights Referendum, Trinity College Dublin, 1 November 2012
Patricia Brazil, Trafficking and Refugee Law in Ireland", , Irish Refugee Law Masterclass, Dublin, 9 February 2012
Patricia Brazil, The Protection Needs of Children in the Asylum and Immigration Systems: An Irish practitioner's perspective", Irish Refugee Council Masterclass, Dublin, 31 March 2011
Brazil. Patricia, The Rights of Irish Children Born to Non-National Parents, The Constitution at 70, Trinity College Dublin, 8-9 June 2009
Patricia Brazil, Law Reform Commission Consultation Paper on Judicial Review Procedure, Dublin, Law Reform Commission, 2003
Patricia Brazil, The International Protection Act 2015: An overview, at Irish Refugee Council/ECRE seminar on the Single Protection Procedure: Meeting International Obligations, Dublin, 3 March 2016
Research Expertise
Description
Family Law, Refugee & Immigration Law, Child LawProjects
- Title
- "Report on Services and Legislation Providing Support for Victims of Crime"
- Summary
- To provide a research report to the Commission on the Support of Victims of Crime on the services currently provided in Ireland by non-governmental organisations and others to victims of crime; Irish/European legislation in relation to support for victims of crime; and a literature review on the systems for the support of victims of crime pertaining in EU and non EU common law countries.
- Funding Agency
- Commission for the Support of Victims of Crime/Department of Justice, Equality and Law Reform
- Date From
- April 2007
- Date To
- December 2007
Recognition
Representations
Legal Expert Member of ELENA [European legal network on asylum]
Member of ChildWatch International Research Project
National Contributor to University of Michigan Refugee Law project
Awards and Honours
Scholar, Trinity College Dublin
Visiting Professor, University of San Francisco
Memberships
Vice-Chairperson Irish Penal Reform Trust
Catherine Donnelly
Biography
Catherine Donnelly undertook her LL.B. in Trinity College Dublin and is a former scholar of the College. She then completed a B.C.L. in Oxford, at Magdalen College, followed by an LL.M. and Fellowship in Harvard. She practised as a litigation attorney at Davis Polk & Wardwell in New York from 1999-2001 and was admitted to both the New York State and Federal Bars (Eastern and Southern Districts). During this time, she also taught an asylum law workshop at Columbia Law School and worked on pro bono projects for the Yale Law Clinic and Human Rights Watch. From 2001-2004, she completed a D.Phil. in Oxford, again at Magdalen College, during part of which time she held a college lectureship shared between Corpus Christi College and St John's College, Oxford. The title of her doctoral thesis is 'Delegation of Governmental Power to Private Parties: A Comparative Perspective'. She was called to the Bar of England and Wales in 2003 (Gray's Inn) and from 2004-2005, she undertook pupillage at Blackstone Chambers, where she is currently a member. She was called to the Bar of Ireland in 2007. She joined the Law Faculty of the University of Oxford in 2005 as a University Lecturer and Fellow in Law at Wadham College, teaching Administrative, Constitutional and European Community Law. She joined the Law School in January 2007. She has published and presented conference papers in the areas of human rights law, European Union law, administrative law, election law, constitutional law, comparative law, procurement law and public-private partnerships. She was elected to Fellowship of the College in 2011.
Publications and Further Research Outputs
Peer-Reviewed Publications
Catherine Donnelly, Ivan Hare, Joanna Bell, De Smith's Judicial Review, 9th, Thomson Reuters, 2023, 1 - 900pp
Public Procurement in, editor(s)Chris McCrudden , The Law and Practice of the Ireland-Northern Ireland Protocol, Cambridge University Press, 2022, pp269 , [Chris McCrudden]
Preliminary Rulings and EU Legal Integration: Evolution and Continuity in, editor(s)Paul Craig and Grainne de Burca , Evolution of EU Law, Oxford, Oxford University Press, 2021, [Catherine Donnelly and Tom de la Mare]
Catherine Donnelly, Ivan Hare and Joanna Belle, De Smith's Judicial Review, 8th, London, Sweet and Maxwell, 2021, 1 - 1168pp
Catherine Donnelly and Ivan Hare, De Smith's Principles of Judicial Review, 2nd edn, London, Sweet and Maxwell, 2020, 1-1350pp
Lord Woolf, Jeffrey Jowell, Catherine Donnelly, Ivan Hare, De Smith's Judicial Review, 8th, London, Sweet and Maxwell, 2018, 1-1168pp
Participation and Expertise: Judicial Attitudes in Comparative Perspective in, editor(s)Susan Rose-Ackerman and Peter Lindseth , Comparative Administrative Law, Massachuetts, Edward Elgar Publishing, 2017, pp370 - 388, [Catherine Donnelly]
Catherine Donnelly, Participation and Expertise: Judicial Attitudes in Comparative Perspective, Comparative Public Law, Yale Law School, 29 April , 2016, Yale Law School
Lord Woolf, Jeffrey Jowell, Andrew Le Sueur, Catherine Donnelly, Ivan Hare, De Smith's Judicial Review 3rd Cumulative Supplement, 7th , London, Thomson, 2016, 1 - 235pp
Lord Woolf, Jeffrey Jowell, Andrew le Sueur, Catherine Donnelly, Ivan Hare, De Smith's Judicial Review, Second Supplement to the Seventh Edition, 7th , London, Thomson Roundhall, 2015
Hilary Biehler and Catherine Donnelly, Proportionality in the Irish courts: the need for guidance, European Human Rights Law Review, 2014, (3), 2014, p272 - 283
Lord Woolf, Jeffrey Jowell, Andrew le Sueur, Catherine Donnelly, Ivan Hare, De Smith's Judicial Review, First Supplement to the Seventh Edition, 7th , London, Thomson Roundhall, 2014
Transparency, Reasons and the Europeanisation of Public Law in, editor(s)K Bradley, N Travers, A Whelan , Of Courts and Constitutions, London, Hart Publishing, 2014, pp353 - 375, [Catherine Donnelly]
Lord Woolf, Jeffrey Jowell, Andrew Le Sueur, Catherine Donnelly, Ivan Hare, De Smith's Judicial Review, 7th , London, Thomson, 2013, 1 - 1183pp
Catherine Donnelly, Are Preliminary Rulings Working?, Bar European Group, Lisbon, 6 May 2012, 2012
The Implementation of the Services Directive in Ireland in, editor(s)Michael Mirschberger , The Implementation of the Services Directive in EU Member States, Speyer, 2012, [Catherine Donnelly and John Biggins]
Catherine Donnelly, Privatization and Welfare: A Comparative Perspective, Law and Ethics of Human Rights, 5, (2), 2011
Catherine Donnelly, The 2010 Remedies Regulations: Automatic Suspension, Time Limits and Standing, A Review of Public Procurement in Ireland 2011, 2011
Catherine Donnelly and Ivan Hare, Judicial Review Remedies: Recent Developments and Some Predictions, Sweet and Maxwell Judicial Review Conference 2011, London, 25 November 2011, 2011
Catherine Donnelly and Hilary Delany, "The Irish Supreme Court Inches Towards Proportionality Review", Public Law, 2011, 2011, p9 - 19
Catherine Donnelly, Convergences and Divergences in Educating Transnational Lawyers?, American Bar Association: International Law Section, Dublin, 12 October 2011, American Bar Association, 2011
The New Remedial Landscape in Public Procurement in Ireland in, editor(s)D Fairgrieve and F Lichere , Public Procurement Law: Damages as an Effective Remedy, Oxford, Hart Publishing, 2011, pp113 - 145, [Catherine Donnelly]
Donnelly, Catherine, European Union Law Update - 2008, Irish Year Book of International Law, 2011
Preliminary Rulings and EU Legal Integration: Evolution and Stasis in, editor(s)P Craig and G de Burca (eds) , The Evolution of EU Law, Oxford, OUP, 2011, [Donnelly, Catherine and Tom de la Mare]
Catherine Donnelly, Positive Obligations and Privatization, Northern Ireland Legal Quarterly, 61, (3), 2010, p209 - 223
Catherine Donnelly, "Automatic Suspension, Time Limits and Standing", The New Public Procurement Remedies Regulations, Dublin, 29 June 2010, 2010
A Public Law Analysis of International Investment Law in, editor(s)Walde, T , International Investment Law and Comparative Public Law, Oxford, OUP, 2010, [Donnelly, Catherine]
Problems of Legitimacy in Contracting Out and Privatization in, editor(s)M Ruffert , Legitimacy in Administrative Law: Reform and Reconstruction, British Institute of International and Comparative Law, 2010, [Donnelly, Catherine]
Participation and Expertise: Judicial Attitudes in Comparative Perspective in, editor(s)S Rose-Ackerman and P Lindseth , Comparative Administrative Law, Edward Elgar, 2010, [Donnelly, Catherine]
Public-Private Partnerships: Award, Performance and Remedies in, editor(s)Stefan Schill , International Investment Law and Comparative Public Law, Oxford, Oxford University Press, 2010, pp475 - 501, [Catherine Donnelly]
Catherine Donnelly, Ineffectiveness, Relationships and Costs, Dublin, 24 June 2010, 2010
Article 8 in, editor(s)Lord Lester of Herne Hill QC, Lord Pannick QC, Javan Herberg , Human Rights Law and Practice, London, LexisNexis, 2009, pp359-452 , [Donnelly, Catherine]
Le Sueur, Andrew, Donnelly, Catherine, Hare, Ivan, de Smith's Judicial Review, First Supplement to the Sixth Edition, 6th, London, Sweet and Maxwell, 2009, 268pp
Catherine Donnelly, Administrative Law and Multi-Level Administration: An EU and US Comparison, Cambridge Yearbook of European Legal Studies, 11, 2009, p211 - 246
Donnelly, Catherine, Remedies in Public Procurement Law in Ireland, Public Procurement Law Review, 1, 2009, p18 - 41
'The Response of English Public Law to Private Actors in Public Governance' in, editor(s)Ruffert Matthias , The Public/Private Divide: Potential for Transformation, London, British Institute of International and Comparative Law, 2009, ppvi - 349, [Catherine Donnelly]
Donnelly, Catherine, European Union Law Update - 2007, Irish Yearbook of International Law, 2, 2008, p133-
'el Reino Unido' in, editor(s)F Caamaño , Gobierno y las Relaciones con las Cortes , Madrid, Centro de Estudios Políticos y Constitucionales, 2007, [Catherine Donnelly]
'Les rapports entre droit administratif fédéral et droits administratifs des Etats aux Etats-Unis: comparaison avec l'Union Européenne' in, editor(s)J Dutheil de la Rochère and JB Auby , Droit Administratif Européen , Bruylant, 2007, [Catherine Donnelly]
Lord Woolf, Jeffrey Jowell, Andrew le Sueur, Catherine Donnelly, De Smith's Judicial Review, 6th edn, London, Sweet and Maxwell, 2007
Catherine Donnelly, Delegation of Governmental Power to Private Parties: A Comparative Perspective, Oxford, Oxford University Press, 2007
'Habeas Corpus' in, editor(s)B Lang , Administrative Court: Practice and Procedure , London, Sweet and Maxwell , 2006, [Catherine Donnelly]
'Elections' in, editor(s)B Lang , Administrative Court: Practice and Procedure , London, Sweet and Maxwell, 2006, [Catherine Donnelly]
Catherine Donnelly, 'Leonard Cheshire Again and Beyond: Private Contractors, Contract and Section 6(3)(b) of the Human Rights Act' , Public Law, [2005], 2005, p785 - 805
Non-Peer-Reviewed Publications
Catherine Donnelly, "Transparency in Procurement Litigation: Importance, Anomalies and Developments", Developments in Public Procurement Law, Dublin, 8 October 2020, 2020
Catherine Donnelly, SCCs and EU-UK Data Transfers Post Brexit, Cross-Border Data Transfers, European Circuit, 2020
Catherine Donnelly, Common Law and EU Law: A Transient Blip or Enduring Exchange, Society of Legal Scholars Annual Conference, Dublin, 7 September 2017, 2017
Catherine Donnelly, Transparency in Procurement: Where are the Limits?, Public Procurement Law Conference, 3 June , 2016, Irish Centre for European Law
Catherine Donnelly, The Reach of Public Procurement Law: Current Issues, 30 April, 2015, Irish Society for European Law
Catherine Donnelly, The Cross-Over between Procurement and Competition Law, Public Procurement Law Conference, 12 June , 2015
Catherine Donnelly, The New Procurement Directives and Procurement Litigation, 14 May, 2014, CMG Professional Training
Brian Kennelly and Catherine Donnelly, Interim Relief, Damages and Expert Evidence in Public Procurement, Blackstone Chambers Procurement Law Seminar, London, 3 July, 2013
Catherine Donnelly, The Unfulfilled Promise of Zambrano, Understanding EU Citizens' Rights, 24 October, 2013
Catherine Donnelly, Implementation of the ECHR in Ireland: Reviewing the 2003 Act, Fundamental Rights Protection in the European Union, 10 May, 2013, Irish Centre for European Law
Catherine Donnelly, Automatic Suspension and Interlocutory Relief, Public Procurement Litigation, Trinity College Dublin, 1 March 2012, 2012
Donnelly, Catherine, Postive Obligations and Privatization, Queen's University Law School Annual Workshop, Belfast, 24 March 2010, 2010, Queen's University
Fairgrieve D(ed.), Remedies in Public Procurement Law in Ireland, British Institute of International and Comparative Law, 2010
Donnelly, Catherine, The NIO Bill of Rights Consultation Paper: A Public Law Analysis, NICEM Annual Conference, Belfast, 12 February, 2010, NICEM
Donnelly, Catherine, Reasons in Administrative Law, Presentation to the Upper Tribunal of Administrative Judges, London, 3 March, 2010, Upper Tribunal of Administrative Judges
Donnelly, Catherine, Pursuing Secondary Policies in EC Public Procurement Law, School of Law, Trinity College Dublin, 16 February 2009, 2009, School of Law, TCD
Donnelly, Catherine, Grounds for Judicial Review: New Developments, Judicial Review; Recent Developments, Trinity College Dublin, 27 June 2009, 2009, School of Law, TCD
Donnelly, Catherine, Problems of Legitimacy in Contracting Out and Privatization, Sorbonne, Paris, 24 October 2009, 2009
Donnelly, Catherine, Damages Remedies in Public Procurement Law, British Institute of International and Comparative Law, 13 March 2009, 2009, British Institute of International and Comparative Law
Donnelly, Catherine, The Federalising Effect of Administrative Law in the EU and US, CEntre for European Legal Studies, University of Cambridge, 21 January 2009, 2009, University of Cambridge
Donnelly, Catherine, An Update on Judicial Review in the United Kingdom in 2008, Northern Ireland Centre for Ethnic Minorities Annual Conference, Belfast, 27 February 2009, 2009, Northern Ireland Centre for Ethnic Minorities
Donnelly, Catherine and Tom de la Mare, Article 234 in Social and Political Context, European University Institute, Florence, 19 April 2009, 2009, EUI, Florence
Donnelly, Catherine, Institutional Reform: With and Without Lisbon, Irish Centre for European Law (ICEL) Conference, Dublin, 23 October 2008, 2008, ICEL
Catherine Donnelly, 'Preamble, Enforcement and Implementation', Getting the Bill Right - An Update, Belfast, 2-3 July 2008, , 2008
The Privatisation of Governmental Functions in, editor(s)O Doyle and E Carolan , Irish Constitution: Governance and Values, Dublin, Thomson/Roundhall, 2008, [Catherine Donnelly]
Catherine Donnelly, 'A British Bill of Rights and Devolution in Northern Ireland', 'A British Bill of Rights and Devolution', London, 11 July , 2008, JUSTICE
Catherine Donnelly and Aideen Gilmore, Final Report of the Preamble, Enforcement and Implementation Working Group, Northern Ireland Bill of Rights Forum, Belfast, March, 2008
Donnelly, Catherine, Enforcing a Bill of Rights for Northern Ireland, Committee for the Administration of Justice Seminar, 30 September 2008, 2008
Catherine Donnelly, 'Remedies in Public Procurement', State Aid and Public Procurement Update, Dublin, 29 May 2008, 2008
Foreword in, editor(s)P Downes , Not One Victim More - Human Trafficking in the Baltic States, Estonia, 2008, [Catherine Donnelly]
Catherine Donnelly, Chapters 3 and 6, and Appendix 2, Northern Ireland Bill of Rights Forum Report, Belfast, March , 2008,
Catherine Donnelly, 'The Response of English Public Law to Private Actors in Public Governance', Public/Private Divide: Potential for Transformation, London, 4-5 May 2007, 2007
Catherine Donnelly, 'The Human Rights Council', Annual Department of Foreign Affairs NGO Human Rights Forum, Dublin, 19 June , 2007, Department of Foreign Affairs
Catherine Donnelly, 'Secondary Policies and Public Procurement', Secondary Policies and Public Procurement, Dublin, 29 October , 2007, Irish Society for European Law
Catherine Donnelly, 'The Constitution at 70 and Privatisation of Governmental Functions' The Constitution at 70, Dublin, 8-9 June 2007, 2007
Jeffrey Jowell and Catherine Donnelly, A Year in the Life of Judicial Review: Key Cases of 2007, Judicial Review Update, London, 30 November 2007, 2007
Catherine Donnelly, 'Governance in the Changing Ireland and the Law's Response' Irish Association of Law Teachers Annual Conference, Cork, 8-9 April 2006, 2006
Catherine Donnelly, 'Administrative Law and Multi-Level Governance: An EU-US Comparison', Oxford University Public Law Discussion Group, Oxford, 30 November 2006, 2006
Catherine Donnelly, Europe's Area of Freedom, Security and Justice, Review of Europe's Area of Freedom, Security and Justice, by Neil Walker , Public Law, [2005], 2005, p889-892
Catherine Donnelly, 'Leonard Cheshire and Beyond: Is Contract Really a Substitute for the Human Rights Act? Does it Matter?' Society of Legal Scholars Annual Conference, Society of Legal Scholars Annual Conference, Sheffield, 14 September 2004, 2004
Catherine Donnelly, 'Human Rights Controls on Delegates of Governmental Power', Oxford University Public Law Discussion Group, Oxford, 10 June , 2004, Oxford Public Law Discussion Group
Catherine Donnelly, 'The Thirteenth Amendment of the US Constitution and Diplomatic Immunity', Recent Constitutional Law Cases, New York, 12 June, 2000, Davis Polk & Wardwell
Catherine Donnelly, 'The Importance of Functionalism in Procedural Due Process: A Comparative Perspective', 1999, -
Research Expertise
Description
European Union Law; Administrative Law; Constitutional Law; Comparative Law; Human Rights; Governance; Public Procurement LawRecognition
Representations
Member, Blackstone Chambers
Member, Incorporated Council of Law Reporting for Ireland
National Expert, The development of pan-European general principles of good administration, Project conducted by Deutsche Universität für Verwaltungswissenschaften Speyer, funded by Deutsche Forschungsgemeinschaft
Lecturer, Public Procurement Regulation in the EU and in its Global Context, MA and Post-Graduate Diploma, King's College, London
Chair, Committee of the Irish Society for European Law
Member, Editorial Board of the Irish Journal for European Law
Committee Member, Oxford Amnesty Lectures
Legal Advisor, Northern Ireland Bill of Rights Forum
Member, Dornburg Study Group
Awards and Honours
Fellow, Trinity College Dublin
Arts and Humanities Research Council Award
Harvard Law School Fellowship
Magdalen College Award for Excellent Performance in B.C.L. Examinations
Arts and Humanities Research Council Award
Scholar of Trinity College
External Examiner, University of Oxford, University College Dublin
Memberships
Irish Society for European Law
Society of Legal Scholars
Irish Association of Law Teachers
Irish Centre for European Law
Oran Doyle
Biography
Oran Doyle is professor in law at Trinity College Dublin. He also holds a dual appointment as a research professor at the Academia Sinica in Taipei. He has held visiting positions at Bocconi University Milan, Keio University Tokyo and the University of Pennsylvania Carey Law School.
Prof Doyle is an expert in comparative constitutional law, with a particular focus on the issues of constitutional amendment, territory and Irish unification. He is the author of 'The Irish Constitution: A Contextual Analysis' (Clarus, 2018) and (with Tom Hickey) 'Constitutional Law: Text, Cases and Materials' (Hart, 2019). He co-edited with Aileen McHarg and Jo Murkens 'The Brexit Challenge for Ireland and the United Kingdom: Constitutions under Pressure' (2021). He has recently published in Global Constitutionalism, the International Journal of Constitutional Law, the European Constitutional Law Review, and the German Law Journal.
Prof Doyle is currently the PI for NSLMap, a New Foundations research project funded by the Irish Research Council and the Shared Island Initiative that maps the convergence and divergence of laws on either side of the Irish border.
Currently supervising Alex Layden's work on informal constitutional change, and Juan Diego Galaz's work on constitutional rights of resistance and deliberation in Latin America, Prof Doyle welcomes applications for supervision from students broadly in the area of constitutional theory and comparative constitutional law.
Prof Doyle is the co-chair of the British-Irish Chapter of the International Society of Public Law (ICON-S) and co-convenor of the International Association of Constitutional Law research group on public law responses to public health emergencies. He was director of the COVID-19 Law and Human Rights Observatory.
The recipient of a Provost's Teaching Award, Prof Doyle has lectured constitutional law 1 and jurisprudence to undergraduate students, and comparative constitutional law and theory to postgraduate students. He has also led final year research project groups on democratic decay, emergencies, and constitutional change.
Prof Doyle is a regular contributor to public debates on issues of constitutional law in Ireland. He has published articles in the Irish Times on both the Children's Rights Referendum and the Marriage Equality Referendum. In 2016-17, he was a constitutional law advisor to the Citizens' Assembly considering the pro-life provision in the Irish Constitution. He was a member of the Working Group on Unification Referendums on the Island of Ireland and in February 2020, he convened a blog symposium on the IACL/IADC blog addressing the constitutional dimensions of Irish unification.
https://tcd.academia.edu/OranDoyle http://ssrn.com/author=867538
Publications and Further Research Outputs
Peer-Reviewed Publications
Oran Doyle, Constitutional Identity, Legal Autonomy, and Sovereignty: Costello v Government of Ireland , European Constitutional Law Review, 20, 2024
Constitutional Identity and Unamendability in, editor(s)Ran Hirschl and Yaniv Roznai , Deciphering the Genome of Constitutionalism: The Foundations and Future of Constitutional Identity , Cambridge, Cambridge University Press, 2024, [Oran Doyle]
Oran Doyle and Rachael Walsh, Assessing the Influence and Legitimacy of Citizen Deliberation on Abortion: A Reply to Eoin Carolan and Seana Glennon, International Journal of Constitutional Law, 2024, p1 - 5
Religion and Law in Ireland and Northern Ireland in, editor(s)Andrew Holmes and Gladys Ganiel , Oxford Handbook of Religion in Modern Ireland, Oxford, Oxford University Press, 2024, pp369 - 414, [Christopher McCrudden, Oran Doyle, and David Kenny]
Partly Laws Common to all Judge-Kind: The Commonality and Divergence of Constitutionally Conforming Interpretation in, editor(s)Matthias Klatt , Constitutionally Conforming Interpretation: Comparative Perspectives Volume II , Oxford, Hart Publishing, 2024, [Oran Doyle]
Oran Doyle, Executive Power and its Limits: Burke v Minister for Education, Irish Supreme Court Review, 5, 2023, p110-
Oran Doyle, Mapping the Jural Border between Ireland and Northern Ireland, Review of Irish Studies in Europe, 6, (2), 2023, p101-
Irish Unification: Constitutional Modalities and Adaptations in, editor(s)Paul Carmichael and Gisela Holfter , Unions, Break-ups and Special Relationships - Aspects of the Irish-German-UK Relationships, Limerick, Centre for Irish German Studies, 2022, [Oran Doyle]
Oran Doyle and Rachael Walsh, Constitutional Amendment and Public Will Formation: Deliberative Mini-Publics as a Tool for Consensus Democracy, International Journal of Constitutional Law, 20, 2022, p398 - 427
Ireland: Developments and Debates in, editor(s)Federico Fabbrini , The Law & Politics of Brexit Volume IV: The Protocol on Ireland / Northern Ireland, Oxford, Oxford University Press, 2022, [Oran Doyle]
Oran Doyle, Leaving the Union: Constitutionalising Secession Rights in the United Kingdom, Federalismi.it, 10, 2022, p222 - 240
Deliberative Mini-Publics as a Response to Populist Democratic Backsliding in, editor(s)Maria Cahill, Colm O'Cinneide, Seán Ó Conaill and Conor O'Mahony , Constitutional Change and Popular Sovereignty: Populism, Politics and the Law in Ireland , London, Routledge, 2021, pp224 - 243, [Oran Doyle and Rachael Walsh]
The Constitutional Tensions of Brexit in, editor(s)Oran Doyle, Aileen McHarg and Jo Murkens , The Brexit Challenge for Ireland and the United Kingdom: Constitutions under Pressure, Cambridge University Press, 2021, pp1 - 18, [Oran Doyle, Aileen McHarg and Jo Murkens]
Oran Doyle, Aileen McHarg, Jo Murkens, The Brexit Challenge for Ireland and the United Kingdom: Constitutions under Pressure, Cambridge, Cambridge University Press, 2021, 1 - 338pp
The Constitutional Politics of a United Ireland in, editor(s)Oran Doyle, Aileen McHarg, Jo Murkins , Constitutions Under Pressure: The Brexit Challenge for Ireland and the UK, Cambridge University Press, 2021, pp129 - 152, [Oran Doyle, David Kenny, Christopher McCrudden]
Alan Renwick, Oran Doyle, John Garry, Paul Gillespie, Cathy Gormley-Heenan, Katy Hayward, Robert Hazell, David Kenny, Christopher McCrudden, Brendan O'Leary, Etain Tannam, Alan Whysall , Working Group on Unification Referendums on the Island of Ireland: Final Report, Constitution Unit, University College London, May, 2021, p1 - 259
Oran Doyle, David Kenny, Christopher McCrudden, The Franchise in Irish Unification Referendums, Irish Studies in International Affairs, 32, (2), 2021, p182 - 213
Oran Doyle and Rachael Walsh, Deliberation in Constitutional Amendment: Reappraising Ireland's Deliberative Mini-Publics, European Constitutional Law Review, 16, (3), 2020, p440 - 465
Oran Doyle, Minority Rights and Democratic Consensus: The Irish Same-Sex Marriage Referendum, National Taiwan University Law Review, 15, (1), 2020, p21 - 48
Order from Chaos? Typologies and Models of Constitutional Change in, editor(s)Xenophon Contiades and Alkmene Fotiadou , Routledge Handbook of Constitutional Change, Abingdon on Thames, Routledge, 2020, pp45 - 60, [Oran Doyle]
Philosophical Foundations of Natural Rights, Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum, Max Planck Encylopedia of Comparative Constitutional Law, Heidelberg, Oxford University Press, 2019, [Oran Doyle and John Martin Gillroy]
Unearthing the 'Constitutional' in Quasi-Constitutionality in, editor(s)Richard Albert and Joel Colon Rios , Quasi-Constitutionality and Constitutional Statutes: Forms, Functions and Applications , Routledge, 2019, pp89 - 93, [Oran Doyle]
Oran Doyle, Erik Longo, Andrea Pin, Populism: A Health Check for Constitutional Democracy, German Law Journal, 20, (3), 2019, p401 - 407
The Use of Foreign Law in Irish Constitutional Adjudication in, editor(s)Giuseppe Ferrari , Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems, Brill, 2019, pp69 - 93, [Oran Doyle and Tom Hickey]
Oran Doyle, Clearing the Legal Decks for the Abortion Referendum: The Supreme Court, Constitutional Precedent and Legal Certainty, Irish Supreme Court Review, 1, 2019, p223 - 241
Oran Doyle and Rachael Walsh, Participatory Democracy in Ireland: Citizens' Assemblies, Studi Senesi, 131, 2019, p485 - 496
Oran Doyle, Populist Constitutionalism and Constituent Power, German Law Journal, 20, (2), 2019, p161 - 180
Oran Doyle, The Silent Constitution of Territory, International Journal of Constitutional Law, 17, 2018, p887 - 903
Interpretation: The Unrealizable Ideal of judicial Constraint in, editor(s)Eoin Carolan , Judicial Power in Ireland, Dublin, Institute of Public Administration, 2018, pp110 - 125, [Oran Doyle]
Oran Doyle, The Constitution of Ireland: A Contextual Analysis, 1st, Oxford, Hart Publishing, 2018, 0 - 230pp
Oran Doyle, Informal Constitutional Change, Buffalo Law Review, 65, (5), 2017, p101 - 118
Constitutional Change and Interest Group Politics: Ireland's Children's Rights Amendment in, editor(s)Richard Albert, Xenophon Contiades, Alkmene Fotiadou , The Foundations and Tradition of Constitutional Amendment, Hart Publishing, 2017, pp199 - 218, [Oran Doyle and David Kenny]
Administrative Action, the Rule of Law and Unconstitutional Vagueness in, editor(s)Laura Cahillane, Tom Hickey and James Gallen , Judges, Politics and the Irish Constitution, Manchester, Manchester University Press, 2017, pp237 - 251, [Oran Doyle]
Oran Doyle, Constitutional Change in Ireland: Political History and Balance of Power, Dublin University Law Journal, 42(2), 2017, p3 - 18
Oran Doyle, Constitutional Transitions, Abusive Constitutionalism and Conventional Constraint, National Journal of Constitutional Law, 35, 2017, p67 - 90
Constraints on Constitutional Amendment Powers in, editor(s)Richard Albert, Xenephon Contiades and Alkmene Fotiadou, , The Foundations and Traditions of Constitutional Amendment, Oxford, Hart Publishing, 2017, pp73 - 95, [Oran Doyle]
Oran Doyle, Foreign Law, Constitutional Cases and Theoretical Authority, Global Constitutionalism, 5, 2016, p85 - 108
Oran Doyle, Conventional Constitutional Law, Dublin University Law Journal, 38, 2015, p311 - 330
Dublin University Law Journal, 36, (2013), 1 - 403p, Des Ryan and Oran Doyle, [eds.]
Oran Doyle, The Dynamics of Constitutional Change, Studies: An Irish Quarterly Review, 102, (2), 2013
Dublin University Law Journal, 35, (2012), 1 - 355p, Des Ryan and Oran Doyle, [eds.]
Oran Doyle, The Legitimate Authority of the Living Law, Jurisprudence, 3, (1), 2012, p113 - 133
Oran Doyle, Judicial Scrutiny of Legislative Classification, Irish Jurist, 47, (1), 2012, p175 - 184
Oran Doyle, Law and Justice in Community: the Significance of the Living Law, Nordicum-Mediterraneum: Icelandic E-Journal of Nordic and Mediterranean Studies, 6, (2), 2011, p19
Dublin University Law Journal, 34, (2011), 1 - 280p, Des Ryan and Oran Doyle, [eds.]
Oran Doyle, Elusive Quarries: A Failure of Regulation, Dublin University Law Journal, 34, 2011, p180 - 207
Dublin University Law Journal: A Festchrift for the Honorable Justice Ronan Keane, 33, (2011), 1 - 428p, Des Ryan and Oran Doyle, [eds.]
Oran Doyle, Desmond Ryan, Judicial Interpretation of the European Convention on Human Rights Act 2003: Reflections and Analysis, Dublin University Law Journal, 33, 2011, p369 - 392
Sisterly Love: the Importance of Explicitly Assumed Commitment in the Legal Recognition of Personal Relationships in, editor(s)Lynn Wardle, Scott Fitzgibbon, A Scott Loveless , The Jurisprudence of Marriage and Other Intimate Relationships, USA, WS Hein & Co, 2010, pp329 - 351, [Oran Doyle]
Oran Doyle, Family Autonomy and Children's Best Interests: Ireland, Bentham and the Natural Law, International Journal of the Jurisprudence of the Family, 1, 2010, p55 - 76
Oran Doyle, Legal Positivism, Natural Law and the Constitution, Dublin University Law Journal, 31, (1), 2009, p206 - 227
Doyle, Oran and Carolan, Eoin, The Irish Constitution: Governance and Values, Dublin, Thomson Roundhall , 2008, x-xlvi, 1-530pp
"Article 44: Privileging the Rights of the Faithful" in, editor(s)Eoin Carolan and Oran Doyle , The Irish Constitution: Governance and Values, Dublin, Round Hall Thomson, 2008, [Oran Doyle]
Moral Argument and the Recognition of Same-Sex Partnerships in, editor(s)Oran Doyle and William Binchy , Committed Relationships and the Law, Dublin, Four Courts Press, 2007, [Oran Doyle]
Oran Doyle, The Constitution at 70, Doctrine and Life, 57, 2007
Doyle, Oran and Binchy, William, eds, Committed Relationships and the Law, Dublin, Four Courts Press, 2007, 272pp
Oran Doyle, Direct Discrimination, Indirect Discrimination and Autonomy, Oxford Journal of Legal Studies, 27, 2007, p537 - 553
The Separation of Powers and Constitutional Egalitarianism after the Health (Amendment) (No.2) Bill Reference in, editor(s)Eoin O'Dell , Older People in Modern Ireland: Essays on Law and Policy, Dublin, First Law, 2006, pp393 - 426, [Oran Doyle and Gerry Whyte]
Oran Doyle, The European Communities (Natural Habitats) (Amendment) Regulations 2005, Dublin University Law Journal, 28, 2006
Dublin University Law Journal, Dublin, Clarus Press, [eds.], 2004-2017
Oran Doyle, Constitutional Equality Law, Dublin, Thomson Roundhall, 2004
Oran Doyle, Legal Validity - Reflections on the Constitution, Dublin University Law Journal, 25, 2003
Non-Peer-Reviewed Publications
Oran Doyle, David Kenny, Christopher McCrudden, Fionnula Ní Aoláin, Legal Convergence and Divergence on the Island of Ireland: Report of the North-South Legal Mapping Projectto the Shared Island Unit, Oxford, Irish Research Council/Shared Island Unite, September, 2022, p1 - 19
Ideological Commitments and Constitutional Projects of Cross-Border Parties in the Irish Context, Alessandro Torre, Springer Encyclopedia of Contemporary Constitutionalism , Springer, 2022, [Oran Doyle]
Conor Casey, Oran Doyle, David Kenny, Donna Lyons, Ireland's Emergency Powers During the COVID-19 Pandemic, Dublin, Irish Human Rights and Equality Commission , February, 2021, p1 - 104
Oran Doyle and Tom Hickey, Constitutional Law: Text, Cases and Materials, 2nd, Dublin, Clarus Press, 2019, 1 - 650pp
Oran Doyle, Populism and Democratic Theory, Congress of International Academy of Comparative Law, Fukuoka, 25 July, 2018, International Academy of Comparative Law
Oran Doyle, The Constitutional Implications of Brexit, UK Italian Constitutional Law Conversation, London, 7 June, 2018, UK Constitutional Law Association and Italian Devolution Club
Oran Doyle, Constitutional Beginnings: Taiwan and Ireland, World Congress of Taiwan Studies, Taipei, 7 September, 2018, Academia Sinica Taipei
Oran Doyle, Constitutional Change in Ireland, Faculty Workshop, Tokyo, 10 July , 2018, Keio University Law School
Oran Doyle, Approaches to Comparative Constitutional Law, Seminar on Comparative Constitutional Law, Hiroshima, 27 July, 2018, Law Faculty University of Hiroshima
Oran Doyle, アイルランドの憲法変動, 法学セミナー, 467, 2018, p46 - 54
Oran Doyle, Constitutional Change and Intergenerational Disagreement, Annual Conference of the Irish Association of Law Teachers, Athlone, 25 November, 2018
Oran Doyle, Constitutional Beginnings, Annual Conference of the International Society of Public Law, Hong Kong, 26 June, 2018
Oran Doyle, Andrea Mulligan and Mary Rogan, Graduate Attributes, Curriculum Reform, and Pedagogical Innovation, LERU Law Schools Conference - The Future of Legal Pedagogy, Lund, 14 November 2018, 2018
Oran Doyle, It's Bad to Talk: Judicial Dialogue and Foreign Law, Annual Conference of the International Society of Public Law, Copenhagen, 2017
Constitutional Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2015, Dublin, Round Hall, 2017, [Oran Doyle and Estelle Feldman]
Oran Doyle, The Supreme Court, Review of The Supreme Court of Ireland, by Ruadhán Mac Cormaic , Studies: An Irish Quarterly, 2017
Oran Doyle, The Constitution of Territory, Borders, Fences and Firewalls, Max Planck Institute Gottingen, 2017
Oran Doyle, Let's Not Play Peekaboo with Constituent Power, Popular Will, Electoral Democracy and the Courts, Padova, 17 November, 2017
Ireland in, editor(s)Detlef Merten and Hans-Jurgen Papier , Handbuch der Grundrechte in Deutschland und Europa, Heidelberg, CF Muller GmbH, 2016, [Oran Doyle]
Constitutional Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2014, Dublin, Round Hall, 2015, [Oran Doyle and Estelle Feldman]
Constitutional Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2013, Dublin, Round Hall, 2014, pp110 - 207, [Oran Doyle]
Constitutional Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2012, Dublin, Round Hall Press, 2013, pp117 - 202, [Oran Doyle]
Constitutional Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2011, Dublin, Round Hall Press, 2012, pp160 - 239, [Oran Doyle]
Constitutional Law in, Annual Review of Irish Law 2010, Dublin, Thomson Round Hall, 2011, [Oran Doyle and Estelle Feldman]
Constitutional Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2009, Dublin, Thomson Roundhall, 2010, pp188 - 258, [Oran Doyle and Estelle Feldman]
Oran Doyle, The Human Personality Doctrine in Constitutional Equality Law, Irish Student Law Review, 9, 2009, p101-
Doyle, Oran and Scannell, Yvonne, Town and County Planning and Natura 2000 in Ireland, Amenagement du Territoire Urbanisme et Reseau Natura 2000, 11, 2009, p190 - 206
Constitutional Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2008, Dublin, Round Hall Thomson, 2009, pp122 - 182, [Oran Doyle and Estelle Feldman]
Oran Doyle, Constitutional Law: Text, Cases and Materials, Dublin, Clarus Press, 2008
Constitutional Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2007, Dublin, Round Hall Thomson, 2008, pp97 - 144, [Oran Doyle and Estelle Feldman]
Constitutional Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2005, Dublin, Thomson Roundhall, 2006, pp179 - 241, [Oran Doyle;Estelle Feldman]
Oran Doyle and Alan Keating, Discriminatory Planning Conditions - the Case for Reform, Law Society of Ireland, 2005
Rapport National: Ireland in, editor(s)Jessica Makowiak , La Mise en Place du Reseau Natura 2000, Limoges, Pulim, 2005, pp213 - 233, [Oran Doyle]
Constitutional Law in, editor(s)Raymond Byrne, William Binchy , Annual Review of Irish Law 2004, Dublin, Roundhall, 2005, pp163 - 212, [Oran Doyle, Estelle Feldman]
Property Rights and Natura 2000 in Ireland in, editor(s)Michel Paques , Natura 2000 and Property Rights, Brussels, Bruylant, 2005, pp139 - 152, [Oran Doyle]
Oran Doyle, The Duration of Primary Education, Irish Student Law Review, 10, 2002, p222-
Doyle O., Scannell, Doyle and Clarke, The Habitats Directive in Ireland, Trinity College Dublin, Centre for Environmental Law and Policy, 1999
Oran Doyle, Façade Retention: Standing of Incorporated Persons to Challenge Planning Permissions, Trinity College Law Review, 2, 1999, p106-
Oran Doyle, Men of Straw? Change to the Rules of Locus Standi: An Unsuspected Side Effect of the McKenna and Hanafin Decisions, Trinity College Law Review, 1, 1998, p37-
Research Expertise
Description
Prof Doyle is an expert on comparative constitutional law and theory, with a particular focus on foundational questions of constitutionalism: how are constitutions made? How do constitutions relate to a particular people and territory, particularly in contested cases of secession and territorial conflict? How are constitutions changed? In 2018, he published a monograph, 'The Constitution of Ireland: A Contextual Analysis' for Hart's series on Constitutional Systems of the World. This book provides the first analysis, richly informed by comparative study, of how the Irish Constitution as a whole operates in practice. Prof Doyle is currently collaborating with Prof Rachael Walsh on a number of papers related to Ireland's experiment with citizens' assemblies and how these may inform new approaches to constitutional amendment. In 'Deliberation in Constitutional Amendment: Reappraising Ireland's Deliberative Mini-Publics' (European Constitutional Law Review, 2020), they provide the first analysis of all recommendations for constitutional amendment made by Ireland's mini-publics and explore why some gained political traction while most did not. In 'Deliberative Mini-Publics as a Response to Populist Democratic Backsliding' (Constitutional Change and Popular Sovereignty: Populism, Politics and the Law in Ireland, Routledge, 2021), they interrogate suggestions that deliberative mini-publics could help stem democratic backsliding. In 'Constitutional Amendment and Public Will Formation: Deliberative Mini-Publics as a Tool for Consensus Democracy' (International Journal of Constitutional Law, 2022), they situate deliberative mini-publics within a theory of constitutional amendment and explore their potential and problems through an analysis of Ireland's Citizens' Assembly's recommendations on abortion. Developing from this work, Prof Doyle is currently preparing a monograph on constitutional amendment. This work will theorise the distinctive democratic value of constitutional amendment and deploy that theory to reassess key debates in the field: from the unconstitutional constitutional amendment doctrine to informal constitutional amendment.Projects
- Title
- Measures on Access to Justice in Environmental Matters
- Summary
- Dr Doyle prepared the Irish report for a European Union project on the extent to which the laws of each Member State complied with Article 9(3) of the Aarhus Convention.
- Funding Agency
- European Commission
- Date From
- 01/01/2007
- Date To
- 12/07/2007
Recognition
Representations
Co-convenor of the International Association of Constitutional Law research group on public law responses to public health emergencies
Constitutional Law Advisor to Ireland's Citizens' Assembly
Co-Chair of the British-Irish Chapter of the International Society of Public Law
Member of the International Society of Public Law Working Group on New Chapters
Guest Editor special volume of the German Law Journal on Populism and Constitutionalism
Global Associate Professor, Keio University, Tokyo
Visiting Research Fellow, Bocconi University Milan
Visiting research fellow at the Institutuum Jurisprudentiae of the Academia Sinica in Taipei.
Member of the editorial board of the Dublin University Law Journal.
Member of the Editorial Board of the Journal of Constitutional Studies.
External Examiner, NUI Galway
External Examiner, Honorable Society of King's Inns
External Examiner, Griffith College Dublin
Awards and Honours
Elected to Fellowship of the College
Provost's Teaching Award
Brookes Scholar, the Honourable Society of King's Inns
Awarded Gold Medal in LLB Degree
Scholar of Trinity College Dublin
Memberships
Irish Jurisprudence Society
International Society of Public Law
Law and Society Association
David Fennelly
Biography
I am a legal scholar and practitioner with an interest in the law in its European and international context and in the interaction between the study of law and legal practice.
In the Law School, I currently teach Public International Law and Foundations of Law II (focused on international and EU law) on the LLB programme. I also co-teach an LLM course on Data Protection: Law, Policy and Practice and an LLM course on Human Rights Law. Previously, I was responsible for the Clinical Legal Education programme which works in partnership with a wide range of leading legal practice settings across the public, private and not-for-profit sectors.
My research interests are primarily in the field of public law in its European and international dimensions, with particular interest in human rights, equality, data protection and foreign affairs. I am also interested in more general issues relating to the legal system (particularly access to justice), the legal profession and legal education.
In addition to my academic work, I am a practising barrister in the Law Library, Dublin. Drawing on my academic expertise, I have a special interest in EU and international law, particularly in the fields of human rights, equality and data protection, and regularly appear in proceedings before the Irish superior courts and the Court of Justice of the European Union. I am also a member of the Council of the Free Legal Advice Centres, a human rights NGO which promotes access to justice for all.
Earlier in my career, I worked as a law clerk to members of the International Court of Justice in The Hague and as a judicial fellow in the High Court in Dublin. I also worked at the International Law Commission, the European Commission Legal Service and the Permanent Mission of Ireland to the United Nations, New York.
Publications and Further Research Outputs
Peer-Reviewed Publications
The Impact of Article 47 in the Irish Legal System in, editor(s)Bonelli, M., Eliantonio, M and Gentile G , Article 47 of the EU Charter and Effective Judicial Protection, Volume 2 - the National Courts' Perspective, 2023, Bloomsbury Professional , 2023, [Fennelly, D., Gilmore G. and Murphy C.]
The Protocol in Irish Law in, editor(s)McCrudden, C. , The Law and Practice of the Ireland-Northern Ireland Protocol, Cambridge University Press, 2022, [Fennelly, D.]
Fennelly, D (with Barry E, Lord, S. and Byrne A.), The Public Sector Duty in the Irish Justice System , Dublin, 2021
Fennelly, D. and Murphy, C., Racial Discrimination and Nationality and Migration Exceptions: Reconciling CERD and the Race Equality Directive , Netherlands Quarterly of Human Rights, 39, (4), 2021, p308 - 328
Murphy C and Fennelly D, Racial Discrimination and Citizenship and Migration Exceptions: Reconciling EU and International Human Rights Law, VU Amsterdam, 19-20 November 2020, 2020
Deirdre Ahern and Suryapratim Roy, Policy Responses to Covid-19 In Ireland: Supporting Individuals, Communities, Businesses, and the Economy, COVID-19 Legal Observatory, Dublin, Trinity College Dublin, December , 2020, p1 - 108
Data Retention in Ireland in, editor(s)Zubik, Podkowik and Rybski , European Constitutional Courts towards Data Retention Laws , Germany, Springer International , 2020, pp137 - 154, [Fennelly, D.]
Fennelly D, Equality Litigation and its Challenges: the Case of Ireland, Equality Law in Europe: A New Generation Conference, European University Institute, Florence, 11 October 2019, 2019
Fennelly, D., The Public Sector Duty: the Irish Context and Potential Implications, Conference on the legal implications of the public sector duty in Irish law, Dublin, 19 October 2018, edited by FLAC , 2018
Fennelly, D., Data Retention: the Life, Death and Afterlife of a Directive , ERA Forum, 2018, p1 - 20
Articles 1, 2 and 5, CEDR in, editor(s)Prof. Dr. Eduardo Ales, Prof. Dr. Mark Bell, Prof. Dr. Olaf Deinert, Prof. Dr. Sophie Robin-Olivier, , International and European Labour Law: A Commentary , Baden-Baden, Nomos / CH Beck / Hart , 2017, [Fennelly D]
Articles 1-4, 11, CEDAW in, editor(s)Prof. Dr. Eduardo Ales, Prof. Dr. Mark Bell, Prof. Dr. Olaf Deinert, Prof. Dr. Sophie Robin-Olivier, , International and European Labour Law: A Commentary , Baden-Baden, Nomos / CH Beck / Hart , 2017, [Fennelly D]
Articles 2 and 7, ICESCR in, editor(s)Prof. Dr. Eduardo Ales, Prof. Dr. Mark Bell, Prof. Dr. Olaf Deinert, Prof. Dr. Sophie Robin-Olivier , International and European Labour Law: A Commentary , Baden-Baden, Nomos / CH Beck / Hart , 2017, [Fennelly D]
Article 26, ICCPR in, editor(s)Prof. Dr. Eduardo Ales, Prof. Dr. Mark Bell, Prof. Dr. Olaf Deinert, Prof. Dr. Sophie Robin-Olivier, , International and European Labour Law: A Commentary, Baden-Baden, Nomos / CH Beck / Hart , 2017, [Fennelly D]
RELUCTANT REFORMERS? FORMALISING JUDICIAL REGULATION IN IRELAND in, editor(s)Richard Devlin and Adam Dodek , REGULATING JUDGES: BEYOND INDEPENDENCE AND ACCOUNTABILITY, Edward Elgar, 2016, [Fennelly, D.]
David Fennelly, Cape Town Convention and international sanctions: the case of European Union sanctions against Russia, Cape Town Convention Journal, 2015, p1 - 20
David Fennelly, Cape Town Convention and International Sanctions, Cape Town Convention Academic Project, Oxford, 8/9 September 2015, 2015, University of Oxford - University of Washington -
Fennelly, Penser par cas: A Common Law Perspective, Revue interdisciplinaire d'études juridiques, 73, 2014, p155 - 172
David Fennelly, International Law in the Irish Legal System, Dublin, Thomson Reuters Round Hall, 2014
David Fennelly, Selected Issues in Irish Equality Case Law 2008-2011, Dublin, Equality Authority, January, 2013, p1 - 110
Non-Peer-Reviewed Publications
Fennelly D., Data Protection before the CJEU in 2022, Review of the CJEU in 2022, Irish Centre for European Law, 10 February 2023, 2023
Data Protection in the Field of Criminal Justice in, editor(s)Heffernan, L. , Criminal Law and Justice in the European Union, Dublin, Clarus Press, 2022, [Fennelly, D.]
Fennelly, D., Courage of its Convictions? Mutual Trust in the Area of Criminal Justice in an Era of Rule of Law Backsliding, What role for EU rights in the global legal order? CMLR on Tour, Dublin, 11 November 2022, 2022
Fennelly D, Mutual Trust in the Area of Criminal Justice, Seminar on EU Criminal Law: Cooperation and Mutual Trust Post-Brexit, TCD, 9 December 2022, 2022
Fennelly, D., The Evolution of EU Criminal Law post-Brexit: Implications for Ireland, Director of Public Prosecutions - Annual Prosecutors' Conference, Convention Centre Dublin, 16 October 2021, 2021
Fennelly, The Status of the Brexit Agreements in Irish Law, Irish Centre for European Law / Queen's University Belfast Seminar Series on the Brexit Withdrawal Agreement and EU-UK Trade and Cooperation Agreement, 23 March 2021, 2021
Fennelly, D., Protecting Personal Data in the Field of Criminal Justice: Recent Developments, Academy of European Law Annual Conference on Criminal Justice, Dublin Castle, 11 November 2021, 2021
Fennelly, D. , Contact Tracing Applications: the Irish Experience, Data Protection and COVID-19 Pandemic, Dublin, 2021, p39 - 58
Fennelly D, Protecting Personal Data in the Field of Criminal Justice, Academy of European Law Annual Conference on Criminal Justice, Trier, 12 November 2020, 2020
Fennelly, D., Transnational Climate Change Litigation, PILNet Global Forum 2020, Panel on Climate Change, Human Rights, and Public Interest Law, 20 October 2020, 2020
Fennelly D, The German Federal Constitutional Court's Ruling in the BVerfG Judgment of 5 May 2020, Trinity College Law School, Trinity Centre for Constitutional Governance (TriCON) and Irish Centre for European Law Covid 19 and EU Law Seminar Series, Webinar, 18 June 2020, 2020
Fennelly, D., Dublin at the Data Protection Frontier, TCD Law School Law and Contemporary Challenges - Wednesday Mini-Lecture Series, Dublin, 3 April 2019, 2019
Fennelly D, Judicial Independence: Challenge and Change, University of Genoa, 2 October 2019 , 2019
Fennelly, D., Access to Justice: the European Dimension, FLAC@50 Access to Justice Conference, Trinity College Dublin, 17 May 2019 , 2019
Fennelly D, Data Protection Litigation: An update , InfoLaw Conference 2019, Dublin, 22 March 2019, 2019
Fennelly, D., The Irish Legal System and Irish Legal Profession, Boston College, Dublin, Dublin, 15 January 2019, 2019, Boston College
Fennelly D, Report on National employment services: National Report - Ireland, FRESSCO ANNUAL COMPARATIVE REPORT, Ghent, FRESSCO, JULY 2017, 2017, p1 - 10
Fennelly D, The CJEU and the Political Organs in Data Protection Governance - Striking the Right Balance?, ICON-S Annual Conference , Copenhagen, 7 July 2017, 2017
David Fennelly, Data Retention - national and international perspectives, Academy of European Law - Annual Conference on Criminal Justice, Trier, Germany, 24/25 October 2017, 2017
Fennelly D, Practitioners and Professors: the Irish Experience, IJCLE - ENCLE - CLEO Annual Conference, Northumbria - Newcastle UK, 3-5 July 2015, 2017
FENNELLY, D., "Ever the Adversary?: the Legal Services Regulation Act 2015 and the Irish Legal Profession", International Legal Ethics Conference VII, , Fordham Law School, , 15-17 July 2016, 2016
Fennelly, D., "Managing Data's Borders: Towards a Global Framework for Data Protection?",, International Society of Public Law (ICON-S) Conference, , Humboldt University Berlin, 18 June 2016, 2016
Fennelly, D., "Protecting Fundamental Rights in the Fight Against Cybercrime", , Academy of European Law/Irish Centre for European Law/Law Society of Ireland Conference,, Dublin Castle, 11 May 2016, 2016
Fennelly, D., Protection from victimisation in the context of Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers: Report for Ireland, FresSco, 2016, 1-11
Fennelly, D., National report for Ireland on the application of Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers, FreSsco, 2016, 1-16
David Fennelly, Going against the (Transatlantic) Flow? The Search for an Effective Framework for International Data Transfers, LSE IT/Media Group - Specialist Seminar, Department of Law, London School of Economics, 18 November 2015, 2015, Dr. Orla Lynskey
David Fennelly, National Report on Free Movement of Persons, Co, July, 2015, p1 - 17
David Fennelly, Reconciling Regulation and Independence: the Irish Experience, International Legal Ethics Conference IV, City University London, 12/07/2014, 2014
David Fennelly, Review of Employment Equality Law , by Bolger, Bruton and Kimber , Dublin University Law Journal, 35, 2013
David Fennelly, Learning How to Learn from Experience: Exploring the Educational Added Value of Clinical Legal Education, Developing Clinical Legal Education in Ireland Conference, NUI Galway, 26 April 2013, 2013
Crotty's Long Shadow: the European Union, the United Nations and the Changing Framework of Ireland's International Relations in, editor(s)Eoin Carolan , The Irish Constitution: Perspectives and Prospects, Dublin, Bloomsbury Professional, 2012, [David Fennelly]
Research Expertise
Description
International Law; European Union Law; Constitutional Law Clinical Legal Education; Legal Profession; Law ReformRecognition
Representations
Member, Government Data Forum
National Expert - Free Movement, FreSsco (European Commission Network of Experts on Free Movement and Social Security Coordination)
Editorial Board, Irish Journal of European Law
Co-Editor, Dublin University Law Journal
Awards and Honours
Visiting Scholar, Trinity Trust Travel Grantee, Lauterpacht Research Centre for International Law, University of Cambridge, 2008
TCD Broad Curriculum Studentship
NYU Global Public Interest Fellowship
NYU International Law and Human Rights Fellow
NYU Merit Scholar
Fulbright Scholar
Non-Foundation Scholar
Government of Ireland Easter Week Commemoration Patrick Pearse Scholar
Law Research Fund Grant
European Network of Clinical Legal Education/Open Society Initiative Grant
National Institute for Teaching Ethics & Professionalism Fellowship
Memberships
Member and former Secretary, Irish Fulbright Alumni Association
Member, Irish Centre for European Law
Member, European Network for Clinical Legal Education
David Kenny
Biography
Professor David Kenny is Professor in Law at the Law School, teaching Irish and comparative constitutional law, conflict of laws, critical legal theory and law and literature. He is a graduate of Trinity College Dublin, Harvard Law School, and the Honourable Society of the King's Inns, and is an alumnus of the US State Department's Fulbright programme. He was elected a Fellow of Trinity College Dublin in 2021. From June 2024, he will serve as Head of the Law School.
Professor Kenny's research specialises in Irish and comparative constitutional law. He is co-author of the 5th edition of Kelly: the Irish Constitution, the leading text on Irish Constitutional Law, as well as many peer-reviewed articles in leading national and international journals on topics such as proportionality, constitutional culture, referendums, and executive branch legal advisors, and the constitutional implications of Brexit for Ireland. He also researches widely in the field of law and literature. He has recently completed a book drawing together law, literature, and philosophical pragmatism entitled 'Pragmatism, Law and Literature', to be published by Routledge in summer 2024.
Professor Kenny has given expert evidence on constitutional issues to the Citizen's Assembly, the Joint Oireachtas Committee on the Eighth Amendment, the Joint Oireachtas Committee on Justice and Defence, and the Oireachtas Special Covid-19 Committee. He was a member of the Working Group on Unification Referendums on the Island of Ireland which reported in 2021, convened by the Constitution Unit of University College London and supported by funding from the British Academy and the Joseph Rowntree Charitable Trust. He was a co-ordinator of NSLMap, a recently-concluded project funded by the Shared Island Unit and Irish Research Council to map the convergences and divergences in various areas of law between Ireland and Northern Ireland. He served as coordinator of the State Governance section of the Trinity College Dublin Covid-19 Legal Observatory and co-authored a major report on the human rights impact of COVID-19 response measures for the Irish Human Rights and Equality Commission in 2021. He also, from 2020-2023, worked with the Irish Human Rights and Equality Commission to develop a policy on constitutional change in respect of Economic, Social, and Cultural Rights. He is current a member of the Research Advisory Group of An Coimisiún Toghcháin/The Electoral Commission.
He served as a facilitator for the Northern Ireland Assembly Ad Hoc Committee on a Bill of Rights for Northern Ireland. He also worked with the Centre of Constitutional Democracy at IU Bloomington and the US National Committee on North Korea in 2021 to compile a report on constitutionalism on the Korean Peninsula. He has advised the Commission on the Constitution of the National Diet of Japan about matters related to referendums. In August 2023 served as a human rights/rule of law consultant and training expert for the Organisation for Security and Co-operation in Europe in Ukraine. In 2024, he served as an external expert for the appointments process for the Constitutional Court of Ukraine, setting written competence assessments in constitutional law for candidates being considered for appointment to the Court.
He currently serves as a Senior Distinguished Research Fellow at the Constitution Studies Program at the University of Texas at Austin, and as a Senior Fellow at Melbourne Law School.
Professor Kenny teaches Constitutional Law; Critical Perspectives on Law; Conflict of Laws; Law and Literature; and judging in Apex Courts, co-taught with the former Chief Justice of Ireland. He was a recipient of the Provost's Award for Excellence in Teaching in 2015.
Professor Kenny regularly contributes to media discussion of constitutional issues and is open to media queries on matters of Irish or international constitutional law.
Publications and Further Research Outputs
Peer-Reviewed Publications
Religion and Law in Ireland and Northern Ireland in, editor(s)Andrew Holmes and Gladys Ganiel , Oxford Handbook of Religion in Modern Ireland, Oxford, Oxford University Press, 2024, pp369 - 414, [Christopher McCrudden, Oran Doyle, and David Kenny]
David Kenny, Reencountering texts: James Boyd White, legal reading, and bringing back the human, Yale Journal of Law and Humanities (FORTHCOMING), 2024
The 1922 Constitution as a failed attempt to break from the Westminster tradition in, editor(s)Laura Cahillane and Donal Coffey , The Centenary of the Irish Free State Constitution: Constituting a Polity, Palgrave, 2024, pp175 - 196, [David Kenny]
David Kenny, Pragmatism, Law, and Literature (FORTHCOMING), Routledge, 2024
David Kenny and Conor Casey, How liberty dies in a galaxy far, far away: Star Wars, democratic decay, and weak executives, Law and Literature, 35, (2), 2023, p221 - 246
Ireland in, editor(s)Jaakko Husa, Jan Smits, Catherine Valcke , Elgar Encyclopedia of Comparative Law, Edward Elgar, 2023, pp293 - 299, [David Kenny]
David Kenny, Review of Law and Religion in Ireland, 1700-1970, by Niamh Howlin and Kevin Costello , Journal of Church and State, 2023
David Kenny, Maria Kotsoni, Lauryn Musgrove McCann, Social rights, culture, crisis, and austerity: the strange case of Ireland, Irish Jurist (), 70, 2023, p131 - 155
Conor Casey and David Kenny, The Risk and Rewards of Ireland's Leviathan: Rule of Law Values and the Irish Executive's Crisis Response to COVID-19, Irish Jurist, 70, 2023, p242 - 267
Laura Cahillane and David Kenny, The Seamus Woulfe controversy and the deficiencies in Ireland's judicial appointments process, Northern Ireland Legal Quarterly, 74, (2), 2023, p22 - 49
The Game Goes On: Why Legal Theorists Can Never Admit that Stanley Fish is Right in, editor(s)Thomas Bustamante and Margaret Martin , New Essays on the Fish-Dworkin Debate, Hart Publishling, 2023, pp75 - 95, [David Kenny]
Conor Casey and David Kenny, The Gatekeepers: Executive Lawyers and the Executive Power in Comparative Constitutional Law, International Journal of Constitutional Law (ICON), 20, (2), 2022, p664 - 695
David Kenny, Examining Constitutional Culture: Assisted Suicide In Ireland And Canada, Journal of Comparative Law, 17, (1), 2022, p85 - 115
David Kenny and Lauryn Musgrove McCann, Directive Principles, Political Constitutionalism, and Constitutional Culture: the case of Ireland's failed Directive Principles of Social Policy, European Constitutional Law Review, 18, 2022, p207 - 236
Jurisdiction, Choice of law, and enforcement of judgments in, editor(s)Christopher McCrudden , The Law and Practice of the Northern Ireland Protocol, Cambridge , Cambridge University Press, 2022, pp296 - 307, [David Kenny]
Laura Cahillane and David Kenny, Lessons from Ireland's 2020 Judicial Conduct Controversy., Common Law World Review, 51, (1-2), 2022, p24 - 24
Are the people the masters? Constitutional Referendums in Ireland in, editor(s)Richard Albert and Richard Stacey , The Legality and Legitimacy of Referendums., Oxford University Press, 2022, pp264 - 292, [David Kenny and Aileen Kavanagh]
David Kenny, TD V MINISTER FOR EDUCATION, CONSTITUTIONAL CULTURE, AND CONSTITUTIONAL DARK MATTER, Irish Judicial Studies Journal , 6, (3), 2022, p39 - 46
David Kenny, The Human Pared Away: Hilary Mantel's Thomas Cromwell as an Archetype of Legal Pragmatism , Law and Literature, 43, (1), 2022, p109 - 139
Interpretation in law and literature in, editor(s)Adam Hanna and Eugene McNulty , Law and Literature: The Irish Case, Manchester University Press, 2022, pp21 - 44, [Tom Hickey and David Kenny ]
Sovereignty and Federalism in, editor(s)Guerino D'Ignazio , The Constitutional System of the United States of America , Wolters Kluwer, 2022, pp133 - 153, [David Kenny and Andrea Pin]
David Kenny and Conor Casey, The Resilience of Executive Dominance in Westminster Systems: Ireland 2016-2019, Public Law , (April), 2021, p335 - 374
Conor Casey and David Kenny, Ireland-COVID-19 response raises some rule of law concerns, Public Law, April, 2021, p480 - 483
The Risks of Referendums: "Referendum culture" in Ireland as a solution? in, editor(s)Maria Cahill, Colm Ó Cinnéide, Conor O'Mahony, Sean Ó Conaill , Constitutional Change and Popular Sovereignty in Ireland , Routledge, 2021, pp198 - 223, [David Kenny]
Conor Casey, Oran Doyle, and David Kenny, The Irish State's COVID-19 Response and the Rule of Law: Causes for Concern, Studies, 440, (Winter ), 2021, p446 - 457
How our courts decide: the Decision-making Processes of Supreme Administrative Courts in, editor(s)ACA-Europe , Supreme Administrative Courts' Jurisprudence in Europe, Germany, GH Beck, 2021, pp43-87 - [Mr Justice Frank Clarke, David Kenny, Aine Ryall]
Ireland in, editor(s)Luís Roberto Barroso and Richard Albert , The 2020 International Review of Constitutional Reform, Texas, Program on Constitutional Studies at the University of Texas at Austin, 2021, pp153 - 157, [Conor Casey and David Kenny]
The Constitutional Politics of a United Ireland in, editor(s)Oran Doyle, Aileen McHarg, Jo Murkins , Constitutions Under Pressure: The Brexit Challenge for Ireland and the UK, Cambridge University Press, 2021, pp129 - 152, [Oran Doyle, David Kenny, Christopher McCrudden]
David Kenny, 'Love mounts to the throne with law': Citizenship in Northern Ireland and Seamus Heaney's Antigone, Law and Humanities, 15, (2), 2021, p195 - 218
Oran Doyle, David Kenny, Christopher McCrudden, The Franchise in Irish Unification Referendums, Irish Studies in International Affairs, 32, (2), 2021, p182 - 213
Alan Renwick, Oran Doyle, John Garry, Paul Gillespie, Cathy Gormley-Heenan, Katy Hayward, Robert Hazell, David Kenny, Christopher McCrudden, Brendan O'Leary, Etain Tannam, Alan Whysall , Working Group on Unification Referendums on the Island of Ireland: Final Report, Constitution Unit, University College London, May, 2021, p1 - 259
Sovranità e Federalismo (Sovereignty and Federalism) in, editor(s)Guerino D'Ignazio , Il Sistema Costituzionale delgi Stati Uniti d'America (The Constitutional System of the United States of America) , Wolters Kluwer, 2020, pp175 - 202, [David Kenny and Andrea Pin]
David Kenny, Review of The Triangular Constitution by Tom Flynn , Common Law World Review, 49, (1), 2020, p92-106
David Kenny and Conor Casey, A One Person Supreme Court? The Attorney General, constitutional advice to government, and the case for transparency, Dublin University Law Journal , 42, (1), 2020, p90 - 118
David Kenny and Conor Casey, Shadow Constitutional Review: The Dark Side of Pre-Enactment Political Review in Ireland and Japan, International Journal of Constitutional Law (ICON), 18, (1), 2020, p51 - 77
David Kenny, The virtues of unprincipled constitutional compromises: Church and State in the Irish Constitution, European Constitutional Law Review, 16, (3), 2020, p417 - 439
David Kenny, Criminal Assets Bureau v Murphy - just the exclusionary rule in a civil context, or a new approach to unconstitutionality in the criminal process?, Irish Supreme Court Review , 1, (1), 2019, p187 - 204
The Failed Referendum to Abolish the Ireland's Senate: Rejecting Unicameralism in a Small and Relatively Homogenous Country in, editor(s)Richard Albert, Antonia Baraggia, Cristina Fasone , Constitutional Reform of National Legislatures Bicameralism under Pressure, Edward Elgar, 2019, pp163 - 182, [David Kenny]
Ireland in, editor(s)Carsten Gerner-Beuerle, Federico M Mucciarelli, Edmund Schuster and Mathias Sims , The Private International Law of Companies in the European Union, Munich, CH Beck, 2019, pp461 - 488, [Blanaid Clarke and David Kenny]
Richard Albert and David Kenny , The challenges of constitutional silence: Doctrine, theory, and applications, International Journal of Constitutional Law (ICON), 2018, p880 - 886
David Kenny, Proportionality and the Inevitability of the Local: a comparative localist analysis of Canada and Ireland, American Journal of Comparative Law, 66, (3), 2018, p537 - 578
GW Hogan, GF Whyte, D Kenny, R Walsh, Kelly: The Irish Constitution, Fifth edition, Dublin, Bloomsbury Professional, 2018, 1 - 2765pp
David Kenny, Abortion, The Irish Constitution, and Constitutional Change, Revista de Investigações Constitucionais / Brazilian Journal of Constitutional Research , 5, (3), 2018, p257 - 275
David Kenny and Liz Heffernan, Peer Observation of Teaching, Dublin University Law Journal, 2017, p205 - 216
Constitutional Change and Interest Group Politics: Ireland's Children's Rights Amendment in, editor(s)Richard Albert, Xenophon Contiades, Alkmene Fotiadou , The Foundations and Tradition of Constitutional Amendment, Hart Publishing, 2017, pp199 - 218, [Oran Doyle and David Kenny]
David Kenny, - "Always, inevitably local: Ireland's strange populism and the trouble with theory", Jean Monnet Paper Series ; , Populism and Public Law , NYU Law School, September 2017, edited by Grainne de Burca and Joseph Weiler , (7), NYU, 2017
Merit, Diversity, And Interpretive Communities: The (Non-Party) Politics Of Judicial Appointments And Constitutional Adjudication in, editor(s)Laura Cahillane, Tom Hickey, James Gallen , Politics, Judges, and the Irish Constitution, Manchester University Press, 2017, pp136 - 149, [David Kenny]
Choice-of-Court Agreements, the Italian Torpedo, and the Recast of the Brussels I Regulation (republication) in, editor(s)Wendy Collins Perdue , Procedure and Private International Law, Edward Elgar, 2017, pp197 - 209, [David Kenny and Rosemary Hennigan]
David Kenny, Remedial Innovation, Constitutional Culture, and the Supreme Court at a Crossroads, Dublin University Law Journal, 40(2), 2017, p85 - 106
David Kenny, Politics all the way down: originalism as rhetoric, Diritto pubblico comparato ed europeo (DPCE) Online, 31, (3), 2017, p661 - 667
David Kenny and Rosemary Hennigan, Choice of Court Agreements, the Italian Torpedo, and the Recast of the Brussels I Regulation: a possible snag, International and Comparative Law Quarterly, 64, (1), 2015, p197 - 209
Gerard Hogan, David Kenny and Rachael Walsh, An Anthology of Unconstitutionality, Irish Jurist, (54), 2015, p1 - 30
David Kenny, Conventions in Judicial Decisionmaking: Epistemology and the Limits of Critical Self Consciousness, Dublin University Law Journal, 38, (2), 2015, p432 - 441
David Kenny, A Review of Neil Walker's "Intimation of Global Law", by Neil Walker , American Journal of Comparative Law, 2015, p1053-1060
Defamation and Privacy and the Rome II Regulation in, editor(s)Peter Stone and Youseph Farah , Research Handbook on the Conflict of Laws, Elgar, 2015, pp315 - 343, [David Kenny and Liz Heffernan]
David Kenny, Re Flightlease: The 'Real And Substantial Connection' Test For Recognition And Enforcement Of Foreign Judgments Fails To Take Flight In Ireland, International and Comparative Law Quarterly, 63, (1), 2014, p197 - 212
David Kenny, Proportionality, the Burden of Proof, and Some Signs of Reconsideration, Irish Jurist, 52, 2014, p141 - 152
David Kenny, Grounding Constitutional Remedies in Reality: the Case for As-Applied Constitutional Challenges in Ireland, Dublin University Law Journal, 35, 2014, p53 - 77
David Kenny, Recent Developments in the Right of the Person in Article 40.3: Fleming v Ireland and the Spectre of Unenumerated Rights, Dublin University Law Journal, 2013, (36), 2013, p322 - 341
The Separation of Powers and Remedies: The Legislative Power and Remedies for Unconstitutional Legislation in Comparative Perspective in, editor(s)Eoin Carolan , The Constitution of Ireland: Perspectives and Prospects, Dublin, Bloomsbury Professional, 2012, pp191 - 216, [David Kenny]
David Kenny, Fair Procedures in Irish Administrative Law: Towards a Constitutional Duty to Act Fairly in Dellway Investments v NAMA, Dublin University Law Journal, 34, 2011, p47 - 73
David Kenny, A Dormant Doctrine of Overbreadth: Abstract Review and Ius Tertii in Irish Proportionality Analysis, Dublin University Law Journal, 32, 2010, p25 - 50
Non-Peer-Reviewed Publications
Alan Eustace and David Kenny, Collective Bargaining and The Irish Constitution"Barrier or Facilitator?, Irish Human Rights and Equality Commission, December, 2023, p1 - 33
Irish Human Rights and Equality Commission, written by David Kenny, The Incorporation of Economic, Social and Cultural Rights into the Irish Constitution, Oxford, February , 2023
Oran Doyle, David Kenny, Christopher McCrudden, Fionnula Ní Aoláin, Legal Convergence and Divergence on the Island of Ireland: Report of the North-South Legal Mapping Projectto the Shared Island Unit, Oxford, Irish Research Council/Shared Island Unite, September, 2022, p1 - 19
David Kenny, Conor Casey, Andrea Mulligan, Public Health Law During the COVID-19 Pandemic in Ireland, Chapter 1: Public Health Governance: The Role of NPHET , Dublin, COVID 19 Law and Human Rights Observatory, 2021, p11 - 28
National Committee on North Korea, Constitutional Design in North and South Korea, May, 2021, p1 - 18
Conor Casey, Oran Doyle, David Kenny, Donna Lyons, Ireland's Emergency Powers During the COVID-19 Pandemic, Dublin, Irish Human Rights and Equality Commission , February, 2021, p1 - 104
David Kenny, Technical Report for the Irish Human Rights and Equality Commission-Protecting Economic, Social and Cultural Rights in the Irish Legal Order, August, 2020, 1-40
Renwick, Whysall et al, Interim Report of Working Group on Unification Referendums on the Island of Ireland , Oxford, Constitution Unit, UCL, October , 2020
David Kenny and Eoin Daly, Report on the Constitutional Limits of the "Money Message" Procedure under Article 17.2 of the Constitution of Ireland, May, 2019, 1-20
Frank Clarke, David Kenny, Aine Ryall, How Courts Decide: adjudicative process of Supreme Administrative Courts, ACA (association of Supreme Administrative Courts) Europe, 2019
David Kenny and Rosemary Hennigan, In Two Minds: Atticus Finch and the Limits of Law, Dublin Review of Books, (5), 2016
David Kenny, Goshawk Dedicated Ltd v Life Receivables Ireland Ltd - Jurisdiction, Lis Alibi Pendens and Problematic Use of the Brussels Regime, Trinity College Law Review, 12, 2009, p1-
Research Expertise
Recognition
Awards and Honours
Elected Fellow of Trinity College Dublin
Provost's Award for Excellence in Teaching
Ussher Fellowship, Trinity College Dublin
Fulbright Scholar
Memberships
Board Member and Supervising Lawyer, Irish Innocence Project
Caoimhin MacMaolain
Professor Caoimhin Mac Maolain
Professor, Law
Head of School, School Office - Law
Biography
Caoimhín MacMaoláin, B.C.L., LL.M., Ph.D., joined the law school in 2005 having previously held a Jean Monnet Chair in EU Law at Exeter University. He teaches modules in European Union Law, International Trade Law and Food Law. He is also the Director of the LLM Dissertation Programme. Caoimhín has published extensively in the areas of EU Law and Food Law. He has published three books with Hart Publishing, as well as many book chapters in edited collections and articles in the leading international journals in his field, including the European Law Review, the Common Market Law Review and European Public Law. Caoimhín welcomes applications for postgraduate research (PhD or MLitt) in the areas of European Union Law, EU Substantive Law and International and EU Food Law.
Publications and Further Research Outputs
Peer-Reviewed Publications
The law on geographical indications and traditional food names: Protecting local and regional interests in a global arena in, editor(s)I M Nick , Names, Naming and the Law: Onomastics, Identity, Power and Policy, Routledge, 2024, pp123 - 140, [Caoimhín MacMaoláin]
Using the law to enhance the welfare of food-producing animals: recognising sentience, raising standards in, editor(s)M Roberts , Research Handbook on International Food Law, Edward Elgar Publishing, 2023, pp515 - 534, [Caoimhín MacMaoláin]
Caoimhín MacMaoláin, Early Lessons from the EU/UK Brexit Negotiations: Implications for Ireland, European Public Law, 27, (4), 2021, p629 - 652
Using food labelling laws to combat childhood obesity: Lessons from the EU, the WTO and Codex in, editor(s)A Garde, J Curtis, O De Schutter, Elgar Studies in Health and the Law , Ending Childhood Obesity: A Callenge at the Crossroads of International Economic and Human Rights Law, Cheltenham, UK, Edward Elgar Publishing, 2020, pp138 - 160, [Caoimhin MacMaolain]
Caoimhín MacMaoláin, An Unhealthy State: Using Legislation to Address Public Health Issues in Ireland, European Public Law, 2019, p487 - 502
Caoimhín MacMaoláin, Irish Food Law, 1, Oxford, Hart Publishing, 2019, 1 - 400pp
Protecting Chronic Migraine Sufferers in their Employment: The Role for Law in, editor(s)Dr Marie Murray , Migraine, Dublin, Currach Press, 2016, pp115 - 125, [Caoimhín MacMaoláin]
C MacMaoláin, Food Law: European, Domestic and International Frameworks, 1, Oxford, Hart Bloomsbury, 2015, 345pp
C MacMaoláin, Using European Union legislation to increase international trade: the potential for public bodies in Ireland to make more of product quality schemes, European Public Law, 21, 2015, p215 - 230
Food labelling requirements in EU Law: Creating the right package of measures to achieve the aims of CAP 2020 in, editor(s)McMahon and Cardwell , Research Handbook on the Common Agricultural Policy, Edward Elgar Publishing, 2015, pp269 - 284, [C MacMaoláin]
Regulating consumer information: Use of food labelling and mandatory disclosures to encourage healthier lifestyles in, editor(s)Alemanno and Garde , Regulating lifestyle risks in Europe: The EU, Alcohol, Tobacco and Unhealthy Diets, UK, Cambridge University Press, 2015, pp46 - 68, [C MacMaolain]
C MacMaolain, Food Information Regulation: Failing to address ongoing concerns about obesity, Irish Journal of European Law, 17, (1), 2014, p77 - 87
EFSA the respondent: The role of the Court in ensuring accountability for action and transparency in procedures in, editor(s)Alemanno and Gabbi , Foundations of EU Food Law and Policy: Ten years of the European Food safety Authority, UK and USA, Ashgate, 2014, pp221 - 235, [C MacMaolain]
C MacMaolain, Limiting the ability of Member States to create conditions for the application of EU Law: The decisions in Dominguez and Salemink , Employment Law Review, 8, 2012
MacMaolain, Using EU Law and Policy to Create Jobs and Stimulate Growth in Ireland, Employment Law Review, (1), 2011, p27 - 34
C MacMaolain, Protecting adequate annual leave entitlements under European Union Employment Law: The decisions in Schulte and Williams, Employment Law Review, 7, 2011, p85 - 89
Securing Safety, Controlling Crises: Development and Misapplication of Food Law in the European Union in, editor(s)Antoniadis, Schutze, Spaventa , The European Union and Global Emergencies: A Law and Policy Analysis, Oxford, Hart Publishing, 2011, pp193 - 205, [MacMaolain]
MacMaolain, Ramifications of the EU/IMF Loan to Ireland for the Financial Services Sector and for Irish Law and Society, European Public Law, 17, (3), 2011, p387 - 399
MacMaolain, Placing limitations on acceptable acts of ageism: The significance of the decision in Andersen, Employment Law Review, 2010, p69 - 74
MacMaolain, Clarifying pay entitlements during maternity leave: The decisions in Gassmayr and Parviainen, Employment Law Review, 2, 2010, p84 - 88
MacMaolain, Compensating for employment training costs: Olympique Lyonnais Sasp v Olivier Bernard and Newcastle United FC, Employment Law Review, 2010, p62 - 67
MacMaoláin, C, Out with the old: Court of Justice seeks to clarify when dismissal based on age may be legitimate, Employment Law Review, 1, (1), 2009, p62 - 67
MacMaoláin, C, Access to legal traineeships in other Member States: significance of the decision in Pesla, Employment Law Review, 1, (3), 2009, p234 - 237
MacMaoláin, C, Difficult derogations, non-standardisation and the phantom 'rule of reason': the negative impact of free movement law and policy on the quality and nutritional value of food in the EU, European Journal of Consumer Law, 2009, (1), 2009, p125 - 147
MacMaoláin, C, Engaging employees in collective redundancy negotiations: the recent decision in Akavan v Fujitsu, Employment Law Review, 1, (2), 2009, p140 - 145
MacMaoláin, C, Food Safety Regulation in Europe, Review of Intersentia: Antwerpen-Oxford, 2006, by Vos and wendler (Eds.) , Maastricht Journal of European and Comparative Law, 15, (3), 2008, p427-429
MacMaoláin, C, The General Principles of EU Law., Review of Oxford University Press: Oxford, 2006, by Tridimas , European Public Law, 14, (1), 2008, p1-4
MacMaoláin, C, Waiter! There's a beetle in my soup. Yes sir, that's E120: Disparities between actual individual behaviour and regulating food labelling for the average consumer in EU Law, Common Market Law Review, 45, (4), 2008, p1147 - 1165
MacMaoláin, C, The Future Control of Food: A guide to International Negotiations and Rules on Intellectual Property, Biodiversity and Food Security., Review of Earthscan: London, 2008, by Tansey and Rajotte (Eds.) , European Journal of International Law, 19, (5), 2008, p1118-1120
MacMaoláin C, EU Food Law: Protecting Consumers and Health in a Common Market, 1, Oxford, Hart Publishing, 2007, 1 - 320pp
MacMaoláin, Review of Human Rights and International Trade, by Cottier, Pauwelyn and Burgi , Common Market Law Review, 44, (4), 2007, p525-528
MacMaoláin, C, Eligibility criteria for protected geographical food names, European Law Review, 31, (4), 2006, p576 - 588
MacMaoláin C, Review of International Food Security and Global Legal Pluralism - Sécurité Alimentaire Internationale et Pluralisme Juridique Mondial, by Snyder , European Law Review, 30, (5), 2005, p596-598
MacMaoláin C, Review of Toxics and Transnational Law: International and European Regulation of Toxic Substances as Legal Symbolism, by Pallemaerts , Common Market Law Review, 41, (6), 2004, p1173-1176
MacMaoláin C, Reforming European Community Food Law: putting quality back on the agenda, Food and Drug Law Journal, 58, (4), 2003, p549 - 565
MacMaoláin C, Using the precautionary principle to protect human health, European Law Review, 28, (5), 2003, p723 - 734
MacMaoláin C, The new genetically modified food labelling requirements: finally a lasting solution?, European Law Review, 28, (6), 2003, p865 - 879
MacMaoláin C, Ethical food labelling: the role of European Union freetrade in facilitating international fairtrade, Common Market Law Review, 39, (2), 2002, p295 - 314
MacMaoláin C, Free movement of foodstuffs, quality requirements and consumer protection: have the Court and the Commission both got it wrong?, European Law Review, 26, (5), 2001, p413 - 428
Non-Peer-Reviewed Publications
Caoimhín MacMaoláin, Development of Irish laws on alcohol and sugar-sweetened beverages, Food Governance, Sydney, Australia, 3-5 July 2019, 2019
Caoimhín MacMaoláin, Innovations of the revised EU rules on food safety and their implications for public consultation, Science, Transparency and Independence: The revised rules on EU risk assessment on food and EFSA, Brussels, 13 June 2019, edited by Prof Ellen Vos , 2019
Caoimhín MacMaoláin, Assessing the compatibility of national nutrition information rules with EU law, Nutrition information as a tool of consumer empowerment and public health protection, Lausanne, Switzerland, 25-26 January 2018, 2018
Caoimhin MacMaolain, The Consumer Information Paradigm: A Critical European Perspective, Global Food Law and Policy, Bilbao, Spain, 17-20 July 2017, 2017
Caoimhín MacMaoláin, The harmonisation of labelling rules at regional and global levels, Ending childhood obesity: A challenge at the crossroads of international trade and human rights law, London, 7-8 July 2016, 2016
C MacMaoláin, Providing information on food to consumers: the role of labelling laws in protecting human health, Designing law for nutrition-related health, University of Surrey, June 2015, 2015
C MacMaolain, Food Labelling Requirements in EU Law: Creating the right package of measures to protect producers, promote health and safeguard consumer interests, The Common Agricultural Policy in 2020: The future of the policy, Dublin, March 2014, 2014
C MacMaolain, Emerging issues in food labelling law in comparative EU/US perspective, Towards Global Food Law: Transatlantic Competition and Collaboration, Seattle, Washington, USA, Feb 2013, 2013
C MacMaolain, A European Perspective on Food and Farming: Using the law to protect humans, animals and the environment, Global Food and Farming Isuues, Washington, USA, February 2013, 2013
C Macmaolain, Rights and entitlements at work, Migraine Association of Ireland National Conference, Dublin, April 2012, 2012
MacMaolain, Rights in Employment Law for people suffering from neurological disorders, European Federation of Neurological Associations, HungExpo, Budapest, Hungary, Sept 2011, 2011
MacMaolain, Role of EU Law in the Irish Economic Crisis, Society of Legal Scholars Annual Conference, Cambridge, September 2011, 2011
MacMaolain, Tackling the most serious of all food safety concerns: The EU's role in reducing obesity, European Files, Dec, 2011, p26 - 28
MacMaoláin, C, Communication with consumers on the composition and nutritional benefits of foodstuffs in the European Union, European Food and Feed Law Conference, Apulia, Italy, 2009, 2009
MacMaoláin, C, The application of EU Law in food safety crises , The European Union and Global Emergencies International Conference, Durham, UK, 2009, 2009
MacMaoláin, Legal responses to climate change: developing a carbon label for the EU, World Bank and World Trade Organisation International Conference on Climate Change, Washington DC, USA, 2009, 2009
MacMaoláin, C, New European Union Food Labelling Rules, ERA Food Law Conference, Parma, Italy, 2008, 2008
MacMaoláin, C, The proposal for a regulation on the provision of food information to consumers: making food labels clearer and more relevant to the needs of consumers, EIPA Food Law Conference, Luxembourg, 2008, 2008
MacMaoláin, C, Labelling requirements in EU Food Law, European Institute of Public Administration Seminar, Luxembourg, 2007, 2007
MacMaoláin, New directions in European Union law and policy on the free movement of goods, SLS EU Law section , Keele, UK, 2006, 2006
MacMaoláin, C, The potential impact of EU regulations on the making of nutrition and health claims, EIPA Food Law Conference, Luxembourg, 2006, 2006
MacMaoláin, Protecting consumers through suitable labelling disclosures in EU Law, European Institute of Public Administration, Luxembourg, Luxembourg, 2004, 2004
MacMaoláin, C, Contradictions in European Union Regulation on the deliberate release of genetically modified organisms on to the market, Society of Legal Scholars, Leicester, UK, 2003, 2003
Research Expertise
Recognition
Representations
Legal Advisor to Government Department of Health on the content and introduction of the Public Health (Alcohol) Act 2018
Society of Legal Scholars Convenor for Ireland
Adviser to the House of Lords Energy and Environment Sub-Committee on Brexit and Biosecurity
EU Law Co-ordinator and Examiner for Law Society of Ireland
Expert Witness before Criminal Courts of Justice and Court of Criminal Appeal
Legal Researcher, Adviser and Presenter for the Migraine Association of Ireland and the European Headache Alliance
Regular adviser to Irish and EU politicians, national and international organisations, health promoting NGOs and EU Commission
Teagasc Expert Group for Health and Sustainability
Peer reviewer for Modern Law Review
Research Funding and Grant Reviewer for the State Research Institute of Poland
Member Advisory Board of the Law and Non-Communicable Diseases Unit
Peer reviewer for European Law Review
Book proposals reviewer for Hart: Bloomsbury
Member and presenter of the European Food Law Academy
PhD External Examinations, most recently for University of Liverpool
Peer reviewer for Irish Journal of European Law
Academic Adviser for Harvard Law School Food Law and Policy Clinic
Book proposal reviewer Oxford University Press
Book proposal reviewer for Edward Elgar Publishing
Articles peer reviewer for European Journal of Risk Regulation
Peer reviewer for European Public Law journal
Adviser to the Sugar Reduction Summit, Royal Society London
Visiting Teaching Fellow at University of Nantes
Peer reviewer for Georgetown Journal of International Law
Peer Reviewer for Maastricht Journal of European and Comparative Law
Peer reviewer for European Food and Feed Law Review
Reviewer of manuscripts for Palgrave Publishing
Peer reviewer for European Law Journal
Book proposals reviewer for Informa Publishing
Peer reviewer for US Food and Drug Law Journal
Awards and Honours
Fellowship, Trinity College Dublin
Master in Arts (jure officii)
Memberships
Convenor for Ireland, Society of Legal Scholars UK and Ireland
Member UK Association of European Lawyers
Member Society of Legal Scholars UK and Ireland
Member of European Food Law Academy
Member Institute of Advanced Legal Studies
Member of Heads of Irish University Law Schools
Andrea Mulligan
Biography
I am an Assistant Professor of Law at the School of Law, teaching and researching in the field of Medical Law and Bioethics. My particular area of specialisation is the legal regulation of human reproduction, encompassing maternity care, assisted reproduction and abortion. I am interested in both the public law and private law aspects of this research field.
I am PI on the IRC-funded CORALE Project investigating attitudes to conscientious objection in abortion services in Ireland.
I graduated from the LL.B programme at the School of Law, before going on to study on the LL.M programme at Harvard Law School, where I specialised in reproductive technologies and constitutional law. I returned to TCD for my doctoral studies, and was awarded my doctorate in 2014, for my thesis entitled "Fundamental Right and Organising Principles in the Regulation of Assisted Reproduction in Ireland." I was called to the Bar of Ireland in 2012.
I was appointed a Commissioner at the Law Reform Commission of Ireland in 2020.
Publications and Further Research Outputs
Peer-Reviewed Publications
Andrea Mulligan, Surrogacy and the Significance of Gestation: Implications for Law and Policy, Bioethics, 2024
Desmond Ryan, Marta Lasek-Markey, Andrea Mulligan, Linda Hogan, Bryana Tunder, Conscientious Objection in an Uncertain Time: New Challenges in Ireland, Religions, 14, 2023, p1 - 16
Andrea Mulligan and Rebecca Brown, 'Maternal Request Caesarean Section' and Medical Necessity, Clinical Ethics, 18, (3), 2023, p312 - 320
Andrea Mulligan and Clayton Ó Néill, Health Law: Convergence and Divergence on the Island of Ireland, Irish Studies in International Affairs, 34, (2), 2023, p285 - 329
Andrea Mulligan, Anonymous gamete donation and Article 8 of the European Convention on Human Rights: The case for incompatibility, Medical Law International, 22, (2), 2022, p119 - 146
Joan Gabrielle Lalor , Greg Sheaf , Andrea Mulligan , Magdalena Ohaja , Ashamole Clive , Sylvia Murphy-Tighe , Esperanza Debby Ng , Shefaly Shorey, Parental experiences with changes in maternity care during the Covid-19 pandemic: A mixed-studies systematic review, Women and Birth , 2022, p5
Andrea Mulligan, Patient Confidentiality and Disclosure Of HIV Status: Disentangling the Entitlement to Disclose From the Duty To Warn, Medical Law Review, 29, (4), 2021, p688 - 698
Andrea Mulligan, A Vindicatory Approach to Tortious Liability for Mistakes in Assisted Human Reproduction, Legal Studies, 40, (1), 2020, p55 - 76
Andrea Mulligan, Protecting Identity in Collaborative Assisted Reproduction: The Right To Know One's Gestational Surrogate, International Journal of Law, Policy and the Family, 34, (1), 2020, p20 - 42
Redressing Unauthorised Vaginal Examination Through Litigation in, editor(s)Camilla Pickles and Jonathan Herring , Women's Birthing Bodies and the Law: Unauthorised Intimate Examinations, Power and Vulnerability, Oxford, Hart Publishing , 2020, pp171 - 194, [Andrea Mulligan]
Surrogacy Law in Ireland: The Troubling Consequences of Legislative Inertia in, editor(s)Peter Dunne and Lynsey Black , Law and Gender in Modern Ireland, Hart Publishing , 2019, pp117 - 136, [Andrea Mulligan]
Andrea Mulligan, Identity Rights and Sensitive Ethical Questions: The European Convention on Human Rights and the Regulation of Surrogacy Arrangements, Medical Law Review, 2018, p449 - 475
Mulligan, Constitutional Aspects of International Data Transfer and Mass Surveillance, Irish Jurist, 55, 2016, p199 - 208
Andrea Mulligan, The Right to Travel for Abortion Services: A Case Study in "Cross-Border Reproductive Care, European Journal of Health Law, 22, (3), 2015, p239 - 266
Andrea Mulligan, Self-Determination, Capacity and the Right to Die by Hunger Strike: Governor of X Prison v PMcD, Irish Jurist, 54, (2), 2015, p165 - 172
Andrea Mulligan, Maternal Brain Death and Legal Protection of the Foetus in Ireland, Medical Law International, 15, 2015, p182 - 195
Andrea Mulligan, Article 8 and the Right to Respect for the Decision to Have or Not to Have a Child, European Human Rights Law Review, 4, 2014, p378 - 387
Andrea Mulligan, Constitutional Parenthood in the Age of Assisted Reproduction" (2014) 48(1) Irish Jurist , Irish Jurist, 48, (1), 2014, p90 - 122
Andrea Mulligan, From Murray v Ireland to Roche v Roche: Re-Evaluating the Right to Procreate in the Context of Assisted Reproduction, Dublin University Law Journal, 35, 2012, p261 - 291
Andrea Mulligan, Tortious Liability for Mistakes in IVF: Duty of Care, Public Policy and the Non-Identity Problem in A(A Minor) and B(A Minor) v A Health and Social Services Trust, Dublin University Law Journal, 34, 2011, p256 - 270
Andrea Mulligan, Frozen Embryo disposition in Ireland After Roche v Roche, Irish Jurist, 46, (1), 2011, p202 - 210
Non-Peer-Reviewed Publications
Andrea Mulligan, Regulating Abortion in the Republic of Ireland, Regulating Abortion: The English, French and Irish Perspectives, Bar Library, Inn of Court of Northern Ireland, 30 January 2020, 2020, European Circuit/Bar of Northern Ireland
Andrea Mulligan, State Obligations and Gamete Donor Anonymity under Article 8 of the European Convention on Human Rights, The complicated relationship between genetic relatedness, the family, and the state, Umea, Sweden, 8 May 2020, 2020
Andrea Mulligan, The Law of Assisted Human Reproduction in Ireland (Webinar), Family Lawyers Association of Ireland CPD Lecture Series, 7 May 2020, 2020, Family Lawyers Association of Ireland
Pandemic Ethics Advisory Group, 'Ethical considerations relating to long-term residential care facilities', National Public Health Emergency Team, 2020, - 11
Pandemic Ethics Advisory Group, 'Ethical Considerations Relating to Critical Care in the context of COVID-19 ', National Public Health Emergency Team, 2020, - 6
Pandemic Ethics Advisory Group, 'Ethical Considerations for PPE Use by Health Care Workers in a Pandemic', National Public Health Emergency Team, 2020, - 2
Andrea Mulligan, Recent Developments in the Law of Assisted Human Reproduction in Ireland, Medico-Legal Society of Ireland Webinar, 12 December 2020, 2020
Andrea Mulligan, Beware "Best Interests" In the Regulation of Reproductive Gene Editing Technologies, Society of Legal Scholars Annual Conference 2020, Preston, 2 September 2020, 2020
Andrea Mulligan, Limitations in Human Rights and Public Health Laws - Invited Discussant, The Protection of Human Rights in Infectious Disease Control: Lessons for Global Health Governance from a Comparison of National Judicial Practice, Queen's University Belfast, 12 - 13 Nov 2020, 2020
Andrea Mulligan, The Developing Law of Open Disclosure in the Republic of Ireland, Wellcome Workshop: PATIENT SAFETY AND REDRESS, Queen's University Belfast, 6 March 2020, 2020
Pandemic Ethics Advisory Group, 'Procedural Values for Decision Making in a Pandemic', National Public Health Emergency Team, Gov.ie, National Public Health Emergency Team, Department of Health, 2020, - 6
Pandemic Ethics Advisory Group, 'Ethical framework for decision-making in a pandemic', National Public Health Emergency Team, Gov.ie, National Public Health Emergency Team, 2020, - 19
Andrea Mulligan, Protecting the Best Interests of the Future Child in the Regulation of Gene Editing Technologies, European Association of Health Law Conference, Toulouse, September 2019, 2019
Andrea Mulligan, Protecting the Best Interests of the Child in the Regulation of Gene Editing Technologies, 33rd European Conference on Philosophy of Medicine and Healthcare (ESPMH), Oslo, August 2019, 2019
Andrea Mulligan, Should there be a Legal Right to Know your Surrogate? Identity and the Role of Gestational Motherhood, British Sociology Association, Human Reproduction Study Group Annual Conference, May 2018, 2018
Oran Doyle, Andrea Mulligan and Mary Rogan, Graduate Attributes, Curriculum Reform, and Pedagogical Innovation, LERU Law Schools Conference - The Future of Legal Pedagogy, Lund, 14 November 2018, 2018
Andrea Mulligan, Article 8 ECHR and the Right to Identity in Assisted Human Reproduction, Society of Legal Scholars Annual Conference, London, September 2018, 2018
Andrea Mulligan, Tortious Liability for Mistakes in Reproductive Treatment, Society of Legal Scholars Annual Conference, Dublin, September 2017, 2017
Andrea Mulligan Simon Mills, Medical Law in Ireland, 1st, Dublin, Bloomsbury Professional , 2017, 1 - 619pp
Andrea Mulligan, Regulation of Surrogacy and the ECHR, Surrogacy: Forging a legal and Policy Framework for Ireland, 2016
Andrea Mulligan, The Use of DNAR Orders in Irish Law, CMG Interdisciplinary Professional Conference, 'Legalities in End of Life Care, Dublin, 2015
International Conference on Reproductive Rights, New Reproductive Technologies and the European Fertility Market, Gamete Donation Across International Borders: The Challenge of Ensuring Donor Contact in Europe, International Conference on Reproductive Rights, New Reproductive Technologies and the European Fertility Market, Santander, Spain, 2015
Andrea Mulligan, The Human Fertilisation and Embryology Acts and the Protection of the Best Interests of Future Children., Postgraduate Bioethics Conference, King's College London, May 2013, 2013
Andrea Mulligan, Crafting a Legal Framework for Assisted Reproduction: Values, Rules and Judicial Incrementalism, Irish Association of Law Teachers Annual Conference, Dublin, November 2012, 2012
Andrea Mulligan, The Contested Nature of the Best Interests Test, Conference on the Children's Rights Referendum, TCD, 2012
Andrea Mulligan, Revising the Meaning of Life: Legal Protection of Embryos in Ireland and Germany and Assisted Human Reproduction, Irish Society of Comparative Law, UCD, April 2011, 2011
Andrea Mulligan, Roche v Roche: some guidance for frozen embryo disputes, Trinity College Law Review, 13, 2010, p168 - 181
Recognition
Representations
Engaged as an academic expert by the UK Secretary of State for Health and Social Care to provide an expert report for the High Court of England and Wales on surrogacy laws in the Member States of the Council of Europe. Report cited by Mrs Justice Lieven of the High Court of England and Wales in her judgment.
Commissioned by Special Rapporteur for Children Geoffrey Shannon to work on legal report on discovery of mass graves at Tuam Mother & Baby Home. Report contributed to ultimate decision by government to exhume bodies.
Briefed by Attorney General to represent State in case of IRM v Minister for Justice before the Supreme Court. Case defined scope of right to life of unborn, prior to repeal of 8th Amendment.
Invited to brief Irish Hospice Foundation on constitutional issues and end of life care, including assisted suicide.
Council Member, Irish Association of Law Teachers
Medical Law Review, Peer Reviewer
Journal of Medical Ethics, Peer Reviewer
Medical Law International, Peer Reviewer
Fulbright Commission, Interview Panel for Law Scholarships
Lecturer in Law of Assisted Reproduction, Law Society of Ireland, Medical Law Module, Professional Practice Course PPCII.
Member, Incorporated Council for Law Reporting in Ireland. This is the body that is responsible for the reporting of cases of the Superior Courts of Ireland.
Commissioned by Special Rapporteur for Children Geoffrey Shannon to prepare a report on uncommenced sections of the Children and Family Relationships Act 2015 relating to assisted human reproduction.
Awards and Honours
Elected to Scholarship, Trinity College Dublin
Lucy Gwynn Prize, Trinity College Dublin
Kingsmill Moore Prize
Fulbright Scholarship
Dean's Scholar in Legal and Ethical Issues in Reproductive Technologies
Ussher PhD Fellowship, Trinity College Dublin
Visiting Fellowship, Wadham College Oxford
Memberships
European Association of Health Law
International Association of Bioethics
Northern/Irish Health Law and Ethics Network
Ethics, Law and Pregnancy in Ireland Network (ELPIN)
Bar of Ireland
Ailbhe O'Neill
Dr. Ailbhe O'Neill
Ussher Assistant Professor, Law
Biography
Ailbhe O'Neill completed her LL.B at Trinity College Dublin where she was elected to scholarship. After graduating first in her year she attended Cambridge university where she completed an LL.M as an awardee of the WM Tapp Studentship in Law. She completed her doctoral thesis in Trinity on "The Rights of Companies Under the Irish Constitution: A Philosophical and Comparative Analysis." (published by Thomson Round Hall in 2005). She lectures Corporate Governance and Media Law on the LL.B Programme. She has published widely in these areas both domestically and internationally and is co-author of Media Law in Ireland (Bloomsbury, 2011). Her research interests include Corporate Governance, Media Law, Constitutional Law and Bank Resolution. A practising barrister, she has advised on and acted in relation to a broad range of legislation connected with the banking crisis in Ireland including the Anglo Irish Bank Corporation Act 2008, the National Asset Management Agency Act 2009, the Central Bank Reform Act 2010, the Credit Institutions (Stabilisation) Act 2010 and the Personal Insolvency Act 2012 and was appointed as legal advisor to the Commission of Investigation into the Causes of the Banking Crisis in 2011.
Publications and Further Research Outputs
Peer-Reviewed Publications
Ailbhe O'Neill, Budgetary Procedures Under the Irish Constitution, Special section: "The medium-term constitutional implications of the Eurozone crisis in countries under financial assistance" (Quaderni costituzionali) , (1), 2019, p1 - 5
Ailbhe O'Neill, Open Justice Revisited - Gilchrist and Rogers v. Sunday Newspapers Ltd., Irish Supreme Court Review, 1, 2019, p1-18
Ailbhe O'Neill Eoin Carolan, Media Law in Ireland, 2nd, Ireland, Bloomsbury, 2019, 1-623pp
Ailbhe O'Neill, The Principle of Open Justice, Irish Supreme Court Review, Trinity College, 6 October, 2018, TCD Law School
O'Neill, When do Clubs Die?, Dublin University Law Journal, 38, (1), 2015, p208 - 218
Ailbhe O'Neill, "Subordinated creditors in times of crisis - the Irish approach" , Journal of International Banking Law and Regulation , 30, (5), 2015, p296 - 299
National Reporter, European Insolvency Law - The Heidelberg-Luxembourg-Vienna Report , 2014
Rights and Freedoms in the Domestic Context - Fair Procedures in Difficult Times in, editor(s)Ferarri and O'Dowd , 75 Years of the Constitution of Ireland: An Irish-Italian Dialogue, Italy and Ireland, Clarus Press , 2014, pp17 , [Ailbhe O'Neill]
Ailbhe O'Neill, . "Defamation by Hyperlink and the Publication Rule" , Dublin University Law Journal, 35, 2012, p317-
Ailbbhe O'Neill, "Reporting allegations: Reynolds privilege revisited in the UK Supreme Court" , Irish Jurist, 2012, p185-
Ailbhe O'Neill, . "Fair Procedures - An Inviolable Right?" , Dublin University Law Journal, 33, 2011, p319 - 338
Ailbhe O'Neill, Rescuing the Law of Torts, Irish Jurist, 2011, 2011
Ailbhe O'Neill, On-line Piracy and the Responsibilities of Internet Service Providers in Ireland, Entertainment Law Review, 2011, p89-
McCann Courtney , Companies Acts 1963-2010, Dublin, Tottel, 2010
Ailbhe O'Neill and Eoin Carolan, Media Law in Ireland, First, Dublin, Bloomsbury , 2010
Taming Directors in, editor(s)Ronan Keane and Ailbhe O'Neill , Corporate Governance and Regulation in Ireland, Dublin, Thomson Round Hall, 2009, [Ailbhe O'Neill]
Property Rights and the Power of Eminent Domain in, editor(s)Oran Doyle , The Constitution at 70, Dublin, Thomson Round Hall, 2008, [Ailbhe O'Neill]
O'Neill, Invalidity and Retrospectivity under the Irish and Canadian Constitutions, Forum Constitutionnel, 2007, p147-
O'Neill , The Constitutional Rights of Companies, Dublin, Thomson Round Hall, 2007, 300pp
O'Neill, The Constitutional Rights of Companies, Dublin, Thomson Round Hall, 2007
O'Neill, Part 40 of the U.K. Companies Act 2006: Disqualification Orders go Global, International Company and Commercial Law Review , 2007, p166-
O'Neill, Unjust Enrichment and Restitution of Tax Paid under a Mistake of Law, Irish Tax Review, 2007, p66-
O'Neill, Relieving Directors: The Irish Approach, Company Lawyer, 2007, p116-
O'Neill, Corporate Reputation in the House of Lords, Company Layer, 28(3), 2007, p76-
Ailbhe O'Neill, The Right to Silence and the Company, Irish Jurist, 2005, p111-
Ailbhe O'Neill, Corporate Freedom of Expression", Dublin University Law Journal, 27, 2005, p185-
Ailbhe O'Neill, The Rule against Double Jeopardy and the Company and Some Thoughts on Interpretive Seepage, Irish Criminal Law Journal, 2005
Non-Peer-Reviewed Publications
O'Neill Ailbhe, The Right of Publicity - Privacy reimagined for a public world, Irish Jurist, 2019, p195 - 197
Ailbhe O'Neill, Reflections on Referenda in Ireland - Response, The Role of Referendums in the UK Constitutional Order: Comparative Perspectives , Durham University, 31 January , 2019, Durham Law School
Ailbhe O'Neill, Developments in Banking and Financial Regulation, Recent Developments in Public Law, UCD, 11 June , 2018, UCD Centre for Constitutional Studies, 5pp
Ailbhe O'Neill, Administrative Sanctions Procedure - INBS Inquiry, Training for Enforcement Unity Central Bank of Ireland, Central Bank of Ireland, 14 September, 2018, Central Bank of Ireland
Flynn, Roderick, Media Pluralism Monitor, 2016, Florence, Centre for Media Pluralism and Media Freedom, EUI, May, 2017
Flynn, Roderick, Media Pluralism Monitor, 2015, Florence, Centre for Media Pluralism and Media Freedom, EUI, May, 2016
Ailbhe O'Neill, "Pillar A of the Companies Bill 2011 - the role of the company secretary", Irish Business Law Quarterly, 2012, 2012, p3-
Researcher, Report of the Working Group on a Court of Appeal, Ireland, Courts Service, 2009
O'Neill, Reform of the Derivative Suit, New Law Journal, 2007, p356-
Ailbhe O'Neill, "The effect of a finding that legislation is unconstitutional - the approach of the Irish Supreme Court", Common Law World Review, 2007, p220-
O'Neill, Breach of the Peace as an Offence at Common Law, Journal of Criminal Law, 71, 2007, p21-
Ailbhe O'Neill, Section 12(1) of the Companies Act 1990 as a Weapon of Mass Discovery, Commercial Law Practitioner, 13, (3), 2006, p81-
Ailbhe O'Neill, Cross-Border Insolvency in the Supreme Court - Some (Euro) Food for Thought, Commercial Law Practitioner, May, 2005
Research Expertise
Description
Company Law - particularly Corporate Governance and Corporate Insolvency and Rescue. Constitutional Law - Irish and Comparative. The European Convention on Human Rights.Recognition
Representations
Member of the European Corporate Governance Institute
Faculty of Public Health Medicine of the Royal College of Physicians Research Ethics Committee
The Royal College of Physicians Ethics Committee The European Corporate Governance Institute Research Associate of the Institute for International Integration Studies (IIIS)
Media Pluralism Monitor - National Expert for Ireland
Awards and Honours
Entrance Exhibition Trinity College Dublin
Trinity College Scholarship
Kingsmill Moore Memorial Prize for 1st place in Junior Sophister Year
Henry Hamilton Hunter Memorial Prize 1st place in Senior Sophister Year
W.M. Tapp Studentship in Law Gonville and Caius College, Cambridge
Honorary Senior Scholarship Gonville and Caius College, Cambridge
Memberships
The Law Library, Four Courts, Inns Quay, Dublin 7
David Prendergast
Dr. David Prendergast
Assistant Prof in Comparative Law, Law
Biography
Dr David Prendergast is the Law School's Director of Postgraduate Teaching and Learning. He researches and teaches in jurisprudence (legal philosophy) and criminal law. David co-founded the Irish Jurisprudence Society and is a former co-editor of the Dublin University Law Journal and the Criminal Law and Practice Review. 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 judgments of the superior courts of Ireland. Current research involves investigating the structure of criminal liability, culpability, 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 qualified, 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. He was formerly Director of Undergraduate Teaching and Learning and Deputy LLM Director in the Law School and is currently Director of Postgraduate Teaching and Learning.
Publications and Further Research Outputs
Peer-Reviewed Publications
David Prendergast, Handcuffs and justified force under section 19 of the Non-Fatal Offences Against the Person Act 1997, Irish Criminal Law Journal, 2023
David Prendergast, The Crime of Failing to Come Forward, Irish Jurist, 2023
David Prendergast, Police Powers and Reasonable Force, Irish Criminal Law Journal, 2022, p106 - 112
David Prendergast, The difference between recklessness and negligence, Criminal Theory Justice Blog, 2022, -
David Prendergast, Judicial stewardship of the provocation defence in People (DPP) v McNamara, Irish Supreme Court Review, 3, 2021, p69 - 99
David Prendergast, Limiting Consent in Criminal Law: DPP v Brown [2018] IESC 67, Irish Supreme Court Review, 2, 2020, p135 - 154
David Prendergast, Recklessness Without the Risk, Criminal Law and Philosophy, 14, 2020, p31 - 50
David Prendergast, The judicial role in protecting democracy from populism, German Law Journal, 20, (2), 2019, p245 - 262
David Prendergast, Book Review: JJ Child and RA Duff, Criminal Law Reform Now, Howard Journal of Crime and Justice, 58, (4), 2019, p585 - 586
David Prendergast, Book Review: Justice, Mercy, and Caprice: Clemency and the Death Penalty in Ireland I. O'Donnell, Howard Journal of Crime and Justice, 57, (4), 2018, p604 - 607
David Prendergast, The presumption pertaining to murder mens rea in section 4(2) of the Criminal Justice Act 1964, Irish Jurist, (60), 2018, p167 - 179
David Prendergast, Constitutional Control of Vague Criminal Law, Dublin University Law Journal, 42, (2), 2018, p19 - 44
David Prendergast, A critical review of the Court of Appeal interpretation of self-defence in the Non-Fatal Offences Against the Person Act 1997, Irish Criminal Law Journal, 28, (3), 2018, p58 - 63
David Prendergast, Criminal Culpability and Sexual Offences Reform, Criminal Law and Practice Review, 2, 2018, p99 - 113
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]
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]
David Prendergast, Defensive Killing by Initial Aggressors: DPP v Barnes Revisited, Irish Jurist, 54, (2), 2015, p115 - 130
David Prendergast, The Conventionality of Constitutional Law, Dublin University Law Journal, 38, (2), 2015, p441 - 448
David Prendergast, Addressing uncertainty in the defences of self-defence, diminished responsibility, and provocation, Criminal Law and Practice Review, 1, (1), 2014, p21 - 35
David Prendergast, Gross negligence manslaughter in Irish law, Dublin University Law Journal, 37, (1), 2014, p267 - 277
David Prendergast, Vague offences and the High Court, Criminal Law and Practice Review, 1, (1), 2014, p153 - 156
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
David Prendergast, Douglas v DPP and the Constitutional Requirement for Certainty in Criminal Law, The Irish Jurist, 50, (1), 2013, p235 - 243
David Prendergast, Strict Liability and the Presumption of Mens Rea after CC v Ireland, Irish Jurist, 46, 2011, p211 - 220
David Prendergast, The Constitutionality of Strict Liability Offences, Dublin University Law Journal, 33, 2011, p285 - 318
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
Non-Peer-Reviewed Publications
David Prendergast, Book Review: The Criminal Law's Person, Howard Journal of Crime and Justice, 2023
David Prendergast, The difference between recklessness and negligence in criminal law, Research seminar, Trinity College Dublin, 15 March 2023, 2023
David Prendergast, The Right to Silence, Irish Jurisprudence Society, Maynooth University, 15 February 2023, 2023
David Prendergast, What the relational self tells us about criminal law, UCD Book Symposium on Jonathan Herring's Law and the Relational Self (Cambridge University Press 2019), University College Dublin, 3-4 June 2022, edited by Christopher Cowley and Sarah Fulham-McQuillan , 2022
David Prendergast, The difference between recklessness and negligence in criminal law, Roots of Responsibility-Varieties of Risk, Risk and Recklessness Workshop, UCL, 23-24 April 2021, edited by Claire Field , 2021
Alan Eustace, Sarah Hamill, Andrea Mulligan, Public Health Law During the COVID-19 Pandemic in Ireland, COVID-19 LEGAL OBSERVATORY, School of Law, Trinity College Dublin, August, 2021
David Prendergast, Book review: Core Concepts in Criminal Law Volume 1 (Ambos, Duff, Roberts, Weigend, eds), 1826, 2020, -
David Prendergast, On relocating and refurbishing consent in sexual offences, Perspectives on Consent in Sexual Offences Workshop, Queen's University Belfast, 28 February 2020, edited by Eithne Dowds , 2020
David Prendergast, Connecting Offence and Defence, Edinburgh Criminal Law Discussion Group Seminar, University of Edinburgh, 11 December 2019, edited by JP Fassnidge , 2019
David Prendergast, Recklessness in Irish Criminal Law, TCD Law Lunchtime Research seminar, Trinity College Dublin, 16 October 2019, 2019
David Prendergast, Limiting consent in criminal law: DPP v Brown [2018] IESC 67, Irish Supreme Court Review, Trinity College Dublin, 12 October 2019, edited by Eoin O'Dell , 2019
David Prendergast, Criminal Law and Morality: the common architecture, Symposium on David O Brink's Fair Opportunity, Responsibility and Excuse, Somerville College, University of Oxford, 20 March 2019, edited by Anthony Skelton and Lisa Forsberg , 2019
David Prendergast, CULPABILITY IN CARELESS DRIVING AND THE SO-CALLED "THIRD CATEGORY" OF CRIMINAL OFFENCE, Irish Law Times, 36, (4), 2018, p63 - 67
David Prendergast, Recent developments in criminal defences and mens rea: a retreat from subjectivism?, Criminal law: Recent trends and developments, Trinity College Dublin, 19 April, edited by Liz Heffernan , 2018
David Prendergast, Reverse Burdens, Evidence/Criminal Procedure Workshop, Dublin City University, edited by Yvonne Daly , 2018
David Prendergast, Challenges to the Centrality of Consent, Seminar, University of Surrey, 2018
David Prendergast, Consent as a legal binary, School of Law lunchtime seminar series, Trinity College Dublin, November 2018, edited by Des Ryan , 2018
David Prendergast, The constitutional control of vague criminal law, Constitution at 80, University of Limerick, 7 November 2017, edited by Laura Cahillane and David Kenny , 2017
David Prendergast, Constitutional review of democratic processes, Popular Will, Electoral Democracy and the Courts, University of Padua, 16-17 November 2017, edited by Andrea Pin , 2017
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
David Prendergast, Murder mens rea, Irish Association of Law Teachers Annual Conference, NUI Galway, November 2015, edited by Charles O'Mahony , 2015
David Prendergast, Murder mens rea, Irish Association of Law Teachers Annual Conference, NUI Galway, 2015
David Prendergast, Sexual Offences and Presumptive Wrongs, Legal and Political Theory Workshop, NUI Galway, 13 November 2015, edited by Danaher, Daly, Tourkochoriti , 2015
David Prendergast, What is the test for self-defence in fatal cases?, Irish Law Times, 13, 2015, p213 - 218
David Prendergast, Self-defence in fatal cases, The Criminal Law Forum, King's Inns, Dublin, 5 April 2014, 2014
David Kenny, David Prendergast, The independence of a meritorious elite: The government of judges and democracy, National Report for Ireland for the International Congress of Comparative Law in Vienna, July, 2014
David Prendergast, DPP v Dunne and the criminal law's test for causing death, Irish Law Times, 17, 2014, p246 - 249
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
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 , Dublin University Law Journal, 36, 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
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
David Prendergast, Democracy, Judicial Review, and Legal Scholarship, Irish Association of Law Teachers Annual Conference, Dublin, 16-18 November 2012, 2012
David Prendergast, The case against judicial review of democratic procedures, Irish Society of Comparative Law Annual Conference 2011, University College Dublin, 2011
David Prendergast, Review of Bill Kissane, New Beginnings: Constitutionalism and Democracy in Modern Ireland, Dublin University Law Journal, 34, 2011
Law Reform Commission, Report on Inchoate Offences, 2010
David Prendergast, Analysis of Doherty v Ireland (the Donegal by-election case), Trinity College Dublin Constitutional Law and Policy Group, 10 December 2010, 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
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
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
Law Reform Commission, Consultation Paper on Inchoate Offences, (LRC CP 48 - 2008), 2008
David Prendergast, Codifying Inchoate Offences, (2008) 26 Irish Law Times 134, 2008
David Prendergast, Normative Positivism, Irish Jurisprudence Society Workshop, Trinity College Dublin, 22 November 2007, 2007
David Prendergast, Inchoate Liability and Glorifying Terrorism, Socio-Legal Studies Association Annual Conference, University of Kent, 3-5 April 2007, 2007
Research Expertise
Description
Research interests: I am interested in legal theory as the sustained reflection on, investigation of, and creative analysis of how law works, that is, its distinctive contribution as a normative order that overlaps and links with other normative orders such as morality. Criminal law constitutes a primary focus for this theoretical reflection on law because it displays both transposition of moral norms as well as artificial regulatory norms. My research seeks to contribute to accurate description and deepened understanding; published papers to date have done so for criminal defences, strict liability, Mens Rea and culpability, legality, elements of criminal liability. I have also worked substantially on constitutional law and theory where it concerns the control of substantive criminal law and in other areas including judicial review and electoral processes.Recognition
Representations
Co-editor of the Dublin University Law Journal
Anglo-German Dialogues on Criminal Law, member
External Examiner, Law Society of Ireland
Co-editor of the Criminal Law and Practice Review
Trinity School of Law's COVID-19 Law and Human Rights Observatory, member
Association for Criminal Justice Research and Development Advisory Board member
Irish Innocence Project Advisory Board member
Awards and Honours
Provost's Teaching Award (early career) winner
Shortlisted for Provost's Teaching Award
TCD Postgraduate Studentship
Sir Jack Jacob Prize for Civil Justice, UCL
Memberships
Irish Jurisprudence Society
Irish Association of Law Teachers (IALT)
The Society for Applied Philosophy
Mary Rogan
Biography
Professor Mary Rogan's research interests include prison law, human rights and imprisonment, and penal policymaking. Professor Rogan received a first class honours degree in Law from Trinity College Dublin before going on to obtain a BCL from the University of Oxford. Professor Rogan received her PhD at Trinity College Dublin for her work on the penal policymaking process. She was elected to Fellowship of Trinity College Dublin in 2021. She is a barrister with expertise in prison law, receiving the degree of Barrister-at-Law from the Honorable Society of King's Inns with distinction. She is also a Member of Lincoln's Inn and the Bar of England and Wales. Prof. Rogan holds an MA in Higher Education from Dublin Institute of Technology and a Postgraduate Diploma in Statistics from Trinity College Dublin. In 2021, she became President of the International Penal and Penitentiary Foundation/Fondation Internationale Pénale et Pénitentiaire, becoming the first person from Ireland and the first woman to hold this position. In 2022, she won the award for best civic engagement project at the Trinity Civic Engagement Awards. She was also nominated by the School of Law for best Research Supervisor in 2022.
Professor Rogan was awarded a European Research Council Starting Grant worth 1.5million euro in 2015 for a project entitled 'Prisons: the rule of law, accountability and rights'. This work brings together, for the first time, the disciplines of public law and the sociology of punishment to examine inspection, oversight and accountability in prison systems in the United States and Europe. Professor Rogan has also received funding from the European Commission and Irish Research Council for cross-jurisdictional projects on imprisonment, and pre-trial detention, and for work on law and social change. She has led research on bail and pre-trial detention in Ireland as part of research examining seven European Union countries, and a further project examining leadership in penal change in the United States and Europe. She has also provided research consultancy to the Council of Europe on projects concerning the inspection of prisons in Ukraine and North Macedonia. She is the Book Review Editor for the Howard Journal of Crime and Justice and a member of the Research Advisory Group to the Howard League for Penal Reform.
Professor Rogan teaches Penology at Trinity College Dublin and was the first coordinator of the Undergraduate Research Project Programme at the School of Law. She has pioneered community-based learning methods in legal education, having introduced the first community-based learning module partnering with nongovernmental organisations on penal policy, and supervised the first Employment-Based PhD student researching penal policy to work with a nongovernmental organisation.
Professor Rogan is committed to using research to improve penal policy and the policymaking process. She chairs the Implementation and Oversight Group on reforms to penal policy, reporting to the Minister for Justice and Equality. She was appointed to the inaugural Research Advisory Group for the Department of Justice and Equality in July 2018. She sits on the Advisory Group to the Office of the Inspector of Prisons. She has also been a member of the Central Statistics Office's Expert Group on Crime Statistics. She is a former member of the Board of the Irish Association for the Social Integration of Offenders, the Victims' Rights Alliance, and is a former Chairperson of the Irish Penal Reform Trust.
Publications and Further Research Outputs
Peer-Reviewed Publications
Le système pénitentiaire irlandais, Céré Jean-Paul, World Prisons, 2024, pp32 , [Mary Rogan]
Christine Morgenstern, Mary Rogan and Walter Hammershick, Pre-trial Detention in Europe: A Means of Last Resort?, Abingdon, Routledge , 2023, 300pp
Sarah Curristan and Mary Rogan, When an Inspector Calls: Perceptions of Oversight among Prison Management, 2023
Social Rehabilitation and Torture Prevention Bodies in, editor(s)Adriano Martufi and Federica Coppola , Social Rehabilitation and Criminal Justice, Abingdon, Routledge , 2023, pp20 , [Mary Rogan]
Ireland: The weak European supervision of prison policies and its explanations in, editor(s)Gaëtan Cliquennois , The Evolving Protection of Prisoners' Rights in Europe, Abingdon, 2022, pp13 , [Mary Rogan and Sophie van der Valk]
Histories of Penal Oversight in, editor(s)Black, Lynsey Brangan, Louise Healy, Deirdre , Histories of Punishment and Social Control in Ireland: Perspectives from a Periphery, Emerald, 2022, pp360 - 380, [Mary Rogan]
Mary Rogan, Examining the Role of Legal Culture as a Protective Factor Against High Rates of Pre-trial Detention: the Case of Ireland, European Journal on Criminal Policy and Research , 2022
The two tales of prison litigation in Germany in, editor(s)Gaëtan Cliquennois , The Evolving Protection of Prisoners" Rights in Europe, Routledge , 2022, pp14 , [Morgenstern, Christine and Rogan, Mary ]
Ciara O'Connell and Mary Rogan, Monitoring Prisons in Europe: Understanding Perspectives of People in Prison and Prison Staff, Law and Social Inquiry, 2022, p1 - 31
van der Valk, Sophie, Aizpurua, Eva, Rogan, Mary, "[Y]ou are better off talking to a f****** wall": The perceptions and experiences of grievance procedures among incarcerated people in Ireland, Law and Society Review, 2022
Sophie van der Valk and Mary Rogan, Prisoners tell how they experience inspections and the complaints system, Ireland, 2021, 13
Mary Rogan, Prison Law in Ireland Enters Adulthood: Simpson v Governor of Mountjoy Prison, Irish Supreme Court Review, 3, 2021, p121 - 140
van der Valk, Sophie, Aizpurua, Eva and Rogan, Mary, Towards a typology of prisoners' awareness of and familiarity with prison inspection and monitoring bodies, European Journal of Criminology, 2021
Eva Aizpurua and Mary Rogan, Correctional oversight bodies' resources and protections across the European Union: Are their hands tied?, Criminology and Criminal Justice, 2021
Ciara O'Connnell, Eva Aizpurua and Mary Rogan, The European committee for the prevention of torture and the gendered experience of imprisonment, Crime, Law and Social Change, 2021
Eva Aizpurua and Mary Rogan, Rights protection in prisons: Understanding recommendations-making by prison inspection and monitoring bodies in the European Union, Punishment and Society, 2021
Sophie van der Valk and Mary Rogan, Prisoner Complaints Mechanisms: Assessing Human Rights Requirements and the Role of a General Ombudsman, European Public Law, 26, (4), 2020, p801 - 822
Sophie van der Valk and Mary Rogan, Experiencing Human Rights Protections in Prisons: The Case of Prison Monitoring in Ireland, European Journal of Criminology, 18, (1), 2020, p101 - 119
Eva Aizpurua and Mary Rogan, Understanding New Actors in European Arrest Warrant Cases Concerning Detention Conditions: The Role, Powers and Functions of Prison Inspection and Monitoring Bodies, New Journal of European Criminal Law, 2020
Ciara O''Connell and Mary Rogan , Rights and Recommendations: Prison Perspectives on the European Committee for the Prevention of Torture' - Briefing Papers Shared with Prisons in Norway and Scotland, Ireland, 2020
In Conversation with Mary Rogan in, editor(s)Lynch, O., Ahmed, Y., Russell, H., Hosford, K. , Reflections on Irish Criminology, Cham, 2020, pp14 , [Mary Rogan]
Minimising Prisonisation and the Harms of Custody in, editor(s)P.H.P.H.M.C Van Kempen and M. Jendly , Overuse in the Criminal Justice System: On Criminalization, Prosecution and Imprisonment, Cambridge, Intersentia Ltd., 2019, pp213 - 228, [Mary Rogan]
Mary Rogan, Prison Inspection and Monitoring: The Need to Reform European Law and Policy, European Journal on Criminal Policy and Research , 2019, p1 - 21
'Changing Ireland, Changing Law': Access to Justice and Understanding the Lived Experience in, editor(s)Edited by Laura Cahillane and Jennifer Schweppe , Case Studies in Legal Research Methodologies: Reflections on Theory and Practice , Dublin, Clarus Press Ltd. , 2019, pp81 - 99, [Mary Rogan and Ivana Bacik]
Mary Rogan, "What constitutes evidence of poor prison conditions after Aranyosi and Căldăraru? Examining the role of inspection and monitoring bodies in European Arrest Warrant decision-making" , New Journal of European Criminal Law, 10 , (3), 2019, p209 - 226
Eva Aizpurúa, Mary Rogan , La situación de las prisiones y los centros de menores en España: Analizando las observaciones del CPT, Boletín Criminológico, 1, (182), 2019, p1-11
Overusing the Criminal Justice System: the Case of Ireland in, editor(s)P.H.P.H.M.C. Van Kempen and M. Jendly , Overuse in the Criminal Justice System: On Criminalization, Prosecution and Imprisonment, Cambridge, Intersentia Ltd., 2019, pp391 - 415, [Mary Rogan and Michael Reilly]
Mary Rogan, Human rights approaches to suicide in prison: implications for policy, practice and research, Health and Justice , 2018, phttps://doi.org/10.1186/s40352
Mary Rogan and David Perry, Report on Expert Interviews, Ireland, 2018
Mary Rogan and David Perry , The Use of Pretrial Detention in Ireland: How Does the Legal Framework Operate in Practice?, Criminal Law and Practice Review, 2, 2018
Mary Rogan , Judges and resisting penal policy, Howard Journal of Crime and Justice , 57, (3), 2018, p321-338
International human rights law and high risk offenders in, editor(s)Faye S. Taxman , Handbook on Risk and Need Assessment: Theory and Practice , New York, Routledge, 2017, pp447 - 464, [Mary Rogan]
Mary Rogan, Human rights and correctional healthcare: a view from Europe, International Journal of Prisoner Health, 13, (1), 2017, p1-7
Mary Rogan and David Perry, DETOUR - Towards Pre-trial Detention as Ultima Ratio, Country Briefs, Country Briefs, Ireland, November , 2017
Women in Prison and Ireland in, editor(s)Piet Hein van Kempen Maartje Krabbe , Women in Prison: The Bangkok Rules and Beyond , Intersentia, 2017, pp479 - 512, [Mary Rogan and Michael Reilly]
Walter Hammerschick, Christine Morgenstern, Skirmantas Bikelis, Miranda Boone, Ioan Durnescu, Alexia Jonckheere, Joep Lindeman, Eric Maes, Mary Rogan, DETOUR: Towards Pre-trial Detention as Ultima Ratio - Comparative Report, Vienna, Austria, December , 2017, 1-80
Mary Rogan, Remission of Prison Sentences: Emerging Principles, Dublin University Law Journal, 40, (1), 2017, p217 - 231
Walter Hammerschick, Christine Morgenstern, Skirmantas Bikelis, Miranda Boone, Ioan Durnescu, Alexia Jonckheere, Joep Lindeman, Eric Maes, Mary Rogan , DETOUR - Towards Pre-trial Detention as Ultima Ratio, Comparative Report, Comparative Report, Ireland, December, 2017
The policymaking process and penal change in, editor(s)Deirdre Healy, Claire Hamilton, Yvonne Daly, Michelle Butler , The Routledge Handbook of Irish Criminology, Routledge, 2016, pp434 - 449, [Mary Rogan ]
David Perry and Mary Rogan , Pre-trial detention as a measure of last resort: first national report on Ireland, Dublin, 2016
Mary Rogan and David Perry, DETOUR - Towards Pre-trial Detention as Ultima Ratio, Second National Report, Expert Interviews, Ireland, First national report , 2016
Community-based research in, editor(s)Laura Cahilliane Jennifer Schweppe , Legal Research Methods Principles and Practicalities, Dublin , Clarus Press, 2016, pp89 - 106, [Mary Rogan]
Reintegration of high-risk offenders - closing remarks on human rights issues in, editor(s)Frieder Duenkel Joerg Jesse Ineke Pruin Moritz von der Wense , European Treatment, Transition Management and Re-integration of High Risk Offenders, Forum Verlag Godesberg, 2016, pp239 - 243, [Mary Rogan]
Ivana Bacik and Mary Rogan, Legal Cases that Changed Ireland, Dublin , Clarus Press, 2016, 1-131pp
Mary Rogan, The European Court of Human Rights, Gross Disproportionality and Long Prison Sentences, Public Law, 1, 2015, p22 - 39
Mary Rogan, Book Review: O'Sullivan, E. & O'Donnell, E. (2012). Coercive Confinement in Ireland. Patients, Prisoners and Penitents, 2014, -
Mary Rogan , Driving penal reform, 2014
Mary Rogan , 'Out of balance: disproportionality in sentencing ', Penal Reform International , 2014, -
Mary Rogan, Prison Law, 1st, Bloomsbury Professional, 2014, 1 - 462pp
The Penal System in Ireland: Pragmatism, Neglect and the Effects of Austerity in, editor(s)Vincenzo Ruggiero Mick Ryan , Penal Systems in Europe: A Critical Anatomy, Palgrave Macmillan, 2014, pp86 - 110, [Mary Rogan ]
Mary Rogan, 'Other status' and the rights of prisoners under Article 14 of the European Convention on Human Rights, European Human Rights Law Review , 6, 2013, p605 - 615
Mary Rogan, Prison policy in times of austerity: reflections from Ireland, Prison Service Journal, May, 2013, p9 - 15
Mary Rogan, Prisoners' rights and the separation of powers: comparing approaches in Ireland, Scotland and England and Wales, Public Law, July, 2013, p415 - 425
Mary Rogan , Rehabilitation, Research and Reform: Prison Policy in Ireland , Irish Probation Journal, 9, 2012, p6 - 32
Mary Rogan, Brown, Governor of California v. Plata et al, Modern Law Review, 2012, p261 - 274
Mary Rogan, Improving Criminal Justice Data and Policy, Economic and Social Review, 43, (2), 2012, p303 - 323
Mary Rogan, Dealing with overcrowding in prisons: contrasting judicial approaches from the USA and Ireland, Irish Jurist, 47, 2012, p195-
Mary Rogan, Book Review: O'Sullivan, E. & O'Donnell, I. Coercive Confinement in Ireland: Patients, Prisoners and Penitents, Review of Coercive Confinement in Ireland: Patients, Prisoners and Penitents, by E. O'Sullivan, I. O'Donnell , Irish Journal of Applied Social Studies, 14, (1), 2012, p74-76
Mary Rogan, Day et al, Transitions to Better Lives, Review of Transitions to Better Lives: Offender Readiness and Rehabilitation, by A. Day, S. Casey, T. Ward, K. Howells, J. Vess , International Criminal Justice Review, 21, (2), 2011, p174-176
Mary Rogan, Day et al, Transitions to Better Lives, 2011, -
Mary Rogan, Yes (or no) Minister: the role of the Minister-senior civil servant dyad in the formation of prison policy in Ireland, Prison Journal, 91, (1), 2011, p32 - 56
Mary Rogan, The innocence rights of sentenced offenders, Irish Journal of Legal Studies, 2, 2011, p55 - 62
Mary Rogan, Prison Policy in Ireland: Politics, Penal-Welfarism and Political Imprisonment, 1st, Abingdon, Routledge, 2011, 1 - 246pp
Mary Rogan, The Innocence Rights of Sentenced Offenders, Irish Journal of Legal Studies, 2, (1), 2011, p55 - 66
Mary Rogan, B. Crewe, The Prisoner Society: Power, Adaptation and Social Life in an English Prison, Review of The Prisoner Society: Power, Adaptation and Social Life in an English Prison, by B. Crew , International Criminal Justice Review, 21, (1), 2011, p81-83
Mary Rogan, Charles Haughey, the Department of Justice and Irish Prison Policy during the 1960s, Administration, 57, (3), 2010, p65 - 86
Rogan, Mary, Crewe, The Prisoner Society: Power, Adaptation and Social Life in an English Prison, 2010, -
Mary Rogan, Tonry, Thinking about Punishment, 2010, -
Mary Rogan, Tonry, Thinking about Punishment, Review of Thinking about Punishment: Penal Policy across Time, Discipline, by M. Tonry , International Criminal Law Review, 10, (5), 2010, p870-972
Mary Rogan, Prison policy in Ireland: an historical overview, Prison Service Journal, 186, 2009, p3-13-
Mary Rogan, Visiting committees and accountability in the Irish prison system: some proposals for reform, Dublin University Law Journal, 31, 2009, p298 - 323
Mary Rogan, Extending the reach of the state into the post-sentence period: section 26 of the Criminal Justice Act 2007, Dublin University Law Journal, 15, (1), 2009, p214-
Mary Rogan, The Prison Rules 1947: Political Imprisonment, Politics and Legislative Change in Ireland, Irish Jurist, 43, 2008, p89-
Non-Peer-Reviewed Publications
Mary Rogan, The Irish prison system, 2024
Mary Rogan, Deaths in Prison Custody, Deaths in Prisons, University of Oxford, 2022
Mary Rogan, Comparing Prison Oversight: Rights, Rules and Realism , Comparative Penology Symposium , University of Strathclyde, October 2022, 2022, Ben Crewe (Cambridge) and Louise Brangan (Strathclyde)
Mary Rogan, Recent Developments in Prison Litigation, Irish Prison Service Senior Managers Strategy Day, Irish Prison Service College, Portlaoise, Ireland, June 2022, 2022, Irish Prison Service
Mary Rogan, Human Rights Perspectives on Mothering in Prisons, IN-CJ (International Network on Criminal Justice) Mothers and the Criminal Justice System, Online webinar, 16/05/2022, 2022, Dr Lucy Baldwin
Mary Rogan, Doing comparative research on prison oversight, Leiden University Comparative Law, 2021, Prof Miranda Boone
Mary Rogan, The Prison Rules: Current Impact and Opportunities for Reform, The Prison Rules: Current Impact and Opportunities for Reform, Online , 25/02/21, 2021, Irish Penal Reform Trust
Professor Mary Rogan, Presentation on the outcome of evaluation by the Council of Europe Development Bank of judicial infrastructure in Ireland, Paris, France, 23 January 2020, 2020
Professor Mary Rogan, Dr. Ciara O'Connell, Sarah Curristan, Sophie van der Valk and Dr. Eva Aizpurua, "Experiencing a CPT visit - the impact on prisons and penal administrators", Thirty Years of monitoring prisons in Europe, KU Leuven, December 5 2019 , 2019
Mary Rogan and Sophie Van der Valk, Complaints procedures in prisons and recent case law, Public Law Conference , UCD , 23rd May, 2019, 2019
Mary Rogan, Prison inspection and monitoring bodies: a new role in the AFSJ?, EU Law and Detention Seminar, Fitzwilliam College, Cambridge University, 17 September 2019, 2019
Mary Rogan, Battling the elements: capturing the hard to hear stories, Considerations and Challenges in Life Story Research, Trinity Long Room Hub, 6th June, 2019, 2019
Dr. Eva Aizpurua, Sophie van Der Valk, Sarah Curristan, 'Prisoners' and Staff views of Prison Oversight', Visiting Committee Training Day, IPS College, 2 December 2019, 2019
Ciara O'Connell, Eva Aizpurua and Mary Rogan, The European Committee for the Prevention of Torture and the Gendered Experience of Imprisonment, Gender in Law and Courts: Uneasy Encounters?, European University Institute, 8 November 2019, 2019
Mary Rogan, Reflection on Law, Brain Health and Diversity , Diversity and Brain Health: Perspectives from the LGBT+ Community in Ireland, Trinity Long Room Hub, 4th June, 2019, 2019, Atlantic Fellows for Equity in Brain Health at the Global Brain Health Institute (GBHI) and the School of Law
Mary Rogan , Bail and the use of pre-trial detention in Ireland: findings from an empirical study, Meeting of the Judges of the District Court, 2018
Mary Rogan, Sophie van der Valk, Sarah Curristan, Christine Morgenstern, Eva Aizpurua, Ray O'Keeffe, Revision of the European Prison Rules, Submission from PRILA to the Council for Penological Cooperation, July, 2018
Mary Rogan, 'Behind the Door': Solitary Confinement in the Irish Penal System, The Irish Penal Reform Trust, Kilmainham, 2 February , 2018, The Irish Penal Reform Trust
Mary Rogan, The Purposes of Punishment, Irish Prison Service (IPS) meeting of The Strategy and Policy Group (SPG) , Portlaoise, 12 June 18, 2018
Mary Rogan, The effects of incarceration and aging, Head Space 2018, Trinity College, Dublin, 27 April, 2018, Creative Aging International
Mary Rogan, human rights in prisons and the role of inspection and monitoring, Global Brain Health Institute, Trinity College, Dublin, 18 July, 2018, GBHI
Mary Rogan, The Future of Policing , Behind the Headlines, Synge Theatre, Trinity College, 21 February , 2018, Trinity Long Room Hub Arts & Humanities Research Institute
Mary Rogan, We have a rare window to reform justice system, 2018, -
Mary Rogan, Bail and the use of pre-trial detention: findings from an empirical study , Criminal Law: Recent Developments and Emerging Trends, Trinity College, Dublin, 19 April , 2018, Trinity Law School
Mary Rogan, Sophie van der Valk, Sarah Curristan, Christine Morgenstern, Eva Aizpurua, Ray O'Keeffe, Revision of the European Prison Rules, Submission from PRILA to the Council for Penological Cooperation, July, 2018
Mary Rogan , Towards pre-trial detention as ultima ratio? Pre-trial detention and alternatives across Europe, Law Society Professional Training , Law Society of Ireland, 27th November, 2018, 2018
Mary Rogan, Opening Statement to the Joint Committee on Justice and Equality on the Bail (Amendment) Bill 2017, 5 December , 2018
Mary Rogan, Justice in Transition: improving the penal policymaking process, Probation Board for Northern Ireland Annual Conference, Belfast, 15 March, 2018, Probation Board for Northern Ireland
Mary Rogan, Pre-trial detention in Ireland, Pre-trial detention conference, University of Leiden, 2018
Mary Rogan and Penal Policy Review Group, Fifth Report of the Implementation Oversight Group to the Minister for Justice and Equality , Fifth, Dublin, 2018
Mary Rogan, Through the lens of liberty or detention: the starting point for decisions on pre-trial detention, DETOUR conference, Vienna, November , 2017, DETOUR
Mary Rogan, Inspection and Oversight of Prisons: the position of the European Court of Human Rights, The Society of Legal Scholars Conference Annual Conference Dublin 2017 'The Diverse Unities of Law', Dublin, September 2017, 2017
Mary Rogan, Sarah Curristan, Ray O'Keefe, Sophie van der Valk , Submission on the Proposed Inspectorate for Places of Detention , May, 2017
Mary Rogan, Revision of the commentary to the European Prison Rules: inspection and monitoring, Council for Penological Cooperation, Strasbourg, November , 2017, Council of Europe
Mary Rogan and Sophie van der Valk, Ireland and OPCAT six years on: have things changed?, Ireland, 2017
Mary Rogan, Inspection and Monitoring of Prisons in the commentary to the European Prison Rules , PCCP Plenary Meeting, Strasbourg, France, 2017
Mary Rogan, Correctional oversight: comparing Europe and the USA, American Society of Criminology, Philadelphia, November 2017, 2017
Mary Rogan, European Human Rights Law and Death in Prison: Obligation and Reforms, ESRC funded conference on Death in Punishment, School of Law, University of Sheffield, 25 October 2017, 2017
Mary Rogan, Inspection and Monitoring of Prisons: the role of European human rights law, European Society of Criminology, Cardiff, September 2017, 2017
Mary Rogan, The evolving role of imprisonment in Ireland, Law Society Annual Human Rights Conference, Dublin, October , 2017, Law Society
Mary Rogan, Inspection and monitoring of prisons, Ethics of Vulnerability conference, Dublin, November , 2017, UCD Centre for Ethics in Public Life
Mary Rogan, Inspection and Oversight of Prisons: the position of the European Court of Human Rights, The Society of Legal Scholars Conference Annual Conference Dublin 2017 'The Diverse Unities of Law', Dublin, September 2017, 2017
Mary Rogan, Solitary confinement and the role of the courts, Solitary Confinement and the Role of the Courts in the USA and Ireland, Dublin, September 2017, 2017
Mary Rogan, Sarah Curristan, Ray O'Keefe, Sophie van der Valk, Submission from PRILA to the Irish Prison Service on the Code of Ethical Behaviours, Ireland, 2017
Mary Rogan , Landmarks in Irish penal history, Parnell Summer School, Avondale, Co. Wicklow, Ireland, August , 2017
Mary Rogan, Sarah Curristan, Ray O'Keefe, Sophie van der Valk, Submission from PRILA to the Council for Penological Cooperation : Revision of the Commentary to the European Prison Rules, Dublin, August, 2017
Mary Rogan , Current issues in the Irish Prison System, Waterford Institute of Technology, 2016
Mary Rogan , Internal Prison Inspection: Human Rights standards and examples of practice in Europe, 2016, -
Mary Rogan , Prison inspection: international human rights standards, Skopje, FYRO Macedonia, 2016, Council of Europe
Mary Rogan , 'The Syrian who did us all some service by suing the State" ', The Irish Times , 2016, -
Lynsey Black and Mary Rogan , The Inspector of Prisons' reports into deaths in custody, the National Steering Committee on Deaths in Custody, 2016
Mary Rogan , Overuse of imprisonment and minimising prisonisation, International Penal and Penitentiary Foundation Colloquium , Helsinki, Finland, 2016
Ivana Bacik Mary Rogan , Briefing Paper on the findings of 'Changing Ireland, Changing Law , 2016, -
Mary Rogan , 'La renición de cuentas en nuestras prisones', Justicia+, El Institutio de Justicia Procesal Penal, Mexico, 2015, -
Mary Rogan , Remission of sentences, Constitutional Law: An Update, University College Dublin , 2015
Mary Rogan, Prisons and the law, National University of Ireland/Maynooth. , 2015
Mary Rogan, Prison inspection: purpose and principles, Kyiv, Ukraine, 2015, Council of Europe
Mary Rogan, Penal policy: politics, penal-welfarism and political imprisonment , Pitzer College, California/United States of America., 2015
Mary Rogan, Prison Law: remission and visits , Dublin City University/Ireland, 2015
Mary Rogan, Legal issues and solitary confinement: the Irish perspective , American Society of Criminology Conference, Roundtable Sessions, 2015
Mary Rogan , Parenting and prisons: a human rights perspective, Conference on prison education and re-entry, Dublin Institute of Technology, 2015
Mary Rogan, Prisons and accountability: the role of rights' protection , Human Rights Centre, National University of Ireland, Galway, 2015
Mary Rogan , How Ireland might ratify OPCAT, Conference on Securing Accountability , Dublin, Ireland, 2015, Irish Penal Reform Trust
Mary Rogan, Release and visits , Criminal Law Forum of practitioners and academics , King's Inns, Dublin, Ireland, 2015
Mary Rogan, 'What happens when a pregnant woman or nursing mother gets sent to jail', thejournal.ie, 2014, -
Mary Rogan, The European Convention on Human Rights and the treatment and transition management of high risk offenders , Justice Cooperation Network, Warnemuende/Germany, 2014
Mary Rogan, The Rule of Law and Access to Justice in Prisons, Burren Law School, Burren/Ireland, 2014
Mary Rogan , '"Pregnancy, childbirth and motherhood in prison', Pregnancy Research Network , 2014, -
Mary Rogan , Models of penal reform, US-European Criminal Justice Innovation Programme, 2014, University of California, San Francisco, Prison Law Office
Mary Rogan, Understanding penal change: north and south , Irish Criminology Conference, University College Dublin/Ireland, 2014
Mary Rogan, The role of the courts in Ireland; Improving conditions related to detention, European Rights Academy, Council of Europe, Strasbourg , 2014
Mary Rogan, Prison Policy in Ireland, School of Law, Trinity College Dublin/Ireland, 2014
Mary Rogan, Driving penal reform, Scottish Association for the Study of Offending, Dunblane/Scotland, 2013
Mary Rogan, Prison Conditions Under Irish Law and the European Convention on Human Rights , Dublin , 2012, 1-27
Rogan, Mary, Deaths in Prison Custody: Information for Families and Others Affected, Dublin , Irish Penal Reform Trust, June, 2012, 1-28
Mary Rogan, Taking Prison Law Cases: A Practical Approach, Dublin , 2012, 1-11
Mary Rogan, Rehabilitation, research and reform: Prison policy in Ireland, Martin Tansey Memorial Lecture, Association for Criminal Justice Research and Development, Dublin/Ireland, 2012
Mary Rogan, Accountability Structures and the Law Regulating Irish Prisons , Dublin , Irish Penal Reform Trust , June, 2012, 1-29
Mary Rogan, The Determinants of Penal Policy in Ireland, Society for the Study of Deviance and Social Control, Chambery/France, 2011
Mary Rogan, , , 1998
Research Expertise
Projects
- Title
- Prisons: the rule of law, accountability and rights
- Summary
- This project aims: 1. To find out whether 'accountability' is a distinctive norm of the European legal system, and what European prison law and policy requires regarding the oversight and monitoring of prisons; 2. To find out how accountability is experienced by prisoners, prison staff and staff of bodies such as Ombudsmen, inspectors, and bodies which deal with complaints; 3. To create a typology of accountability bodies in European prison systems, and examine the relationship between the presence of such bodies and other indicators of prison regimes. Dr. Rogan will lead a team of three postdoctoral researchers, two PhD students, an MPhil student and a research assistant to carry out the work.
- Funding Agency
- European Research Council
- Date From
- 2016
- Date To
- 2021
- Title
- Towards pre-trial detention as ultima ratio?
- Summary
- This project examines the use of pre-trial detention and alternatives to such detention across Europe. It involves work in Ireland, Romania, Austria, Germany, Lithuania and the Netherlands. It will analyse pre-trial detention practices, with a particular focus on decisions which have a cross-border element,
- Funding Agency
- European Commission DG Justice
- Date From
- 2016
- Date To
- end 2017
- Title
- Leadership, culture and managing prisons: knowledge exchange between the USA and Europe
- Summary
- LEADERS will build a global network of innovative prison leaders engaged in progressive reforms to prison systems, the NGO partner, the Irish Penal Reform Trust, and the academic and NGO sectors in Ireland and the USA. LEADERS provides masterclasses and opportunities for reflection by prison leaders in selected US states and European countries. Participants will be invited to take part in research examining the challenges faced by prison leaders. LEADERS fulfils a core aim of the NGO partner - to support prison leadership to implement policy change.
- Funding Agency
- Irish Research Council
- Date From
- 01/01/17
- Date To
- 30/09/17
Recognition
Representations
President, International Penal and Penitentiary Foundation/Fondation Internationale Pénale et Pénitentiaire, a 150 year old body with members across five continents with the aim of promoting studies in crime prevention and penal policy.
Book review editor and member of international editorial board, Howard Journal of Crime and Justice
Appointed by the Tánaiste and Minister for Justice and Equality as Chairperson of the Implementation and Oversight Group for the Report of the Strategic Review Group on Penal Policy
Member. Research Advisory Group, Howard League for Penal Reform (UK)
Member, Inaugural Research Advisory Group, Department of Justice
Member of the inaugural Department of Justice and Equality Research Advisory Group
Reviewer Canadian Journal of Law and Society
Reviewer Punishment and Society
Consultant on review of funding to build Cork Prison and a youth detention centre for the Council of Europe Development Bank
Consultant on human rights and prison issues, Council of Europe for projects in Ukraine and North Macedonia
Reviewer, research grant applications, National Science Centre, Poland
Reviewer and panel member for ERC mock interviews, SSH applicants, Irish Research Council
Member, Inaugural Research Advisory Group, Office of the Inspector of Prisons
Elected to the International Penal and Penitentiary Foundation in respect of Ireland (representing academia; the two other representatives being Vivan Geiran, Director of the Probation Service and the Hon. Ms. Justice Úna Ní Raifertaigh, judge of the Court of Appeal).
Appointed by the Central Statistics Office to the Expert Group on Crime Statistics
Member Advisory Group, ERC-funded RECEDE project (University of Nottingham)
Presented on bail and pre-trial detention to Oireachtas sub-committee on Justice
Reviewer British Journal of Criminology
Member of the interim Board of the Victims' Rights Alliance
Reviewer, Routledge
Member Advisory group ESRC funded project on Deaths in Custody University of Nottingham
Board member, Irish Association for the Social Integration of Offenders
Reviewer, Child and Family Law Quarterly
Reviewer, Theoretical Criminology
Appointed by the Minister for Justice and Equality to the Working Group conducting a Strategic Review of Penal Policy in Ireland
Invited research collaborator, Confederation of European Probation
Chairperson, Advisory Board, Prisoner Support Network (Pathways Project and Care After Prison)
Chairperson, Irish Penal Reform Trust (foremost NGO on penal affairs in Ireland)
External Examiner, Sligo Institute of Technology, (Higher Certificate in Custodial Care, Law programmes)
External Examiner, School of Law and Government, Dublin City University/Ireland: LLB (Law and Society) and LLM programmes
External Examiner, Criminal Justice, Waterford Institute of Technology/Ireland
Reviewer, Palgrave Macmillan
Reviewer, University of Monash Law Review
External Examiner, Letterkenny Institute of Technology (Law)
Academic Advisor, Trinity College Law Review
Organiser of a public event on 'Changing Ireland, Changing Law' selected for inclusion in PROBE: Research Uncovered event at Trinity College Dublin/Ireland
Presented to the Joint Oireachtas Committee on Justice, Defence and Equality on research into public interest law and strategic litigation
Presentation on "The impact of ERC funding", European Research Council Day, Royal Irish Academy, Dublin/Ireland
Awards and Honours
Best Civic Engagement Project, Trinity Civic Engagement Award
Law School Nominee for Trinity College Dublin Graduate Supervision Prize
President, International Penal and Penitentiary Foundation
Honorary Lifetime Member, Irish Penal Reform Trust
British Institute of International and Comparative Law Visiting Fellowship
Teaching Excellence Award/Dublin Institute of Technology
James Murnaghan Memorial Prize/Honorable Society of King's Inns
Simms'' prize for best performance in BCL examination in Crime, Justice and the Penal System/University of Oxford
Trinity College Postgraduate Studentship/Trinity College Dublin
Graduate Bursary/University of Oxford
Selected by Trinity College Dublin to participate in the LFHE Aurora programme
Réalt Scholarship/Dublin Institute of Technology
Memberships
President of the International Penal and Penitentiary Foundation/Fondation Internationale Pénale et Pénitentiaire
Member, Inaugural Research Advisory Group, Office of the Inspector of Prisons, Ireland
Member, The Honorable Society of Lincoln's Inn, London, UK
Chair, Implementation and Oversight Group for the Review of Penal Policy (appointed by the Minister for Justice)
Member, Howard League for Penal Reform (UK) Research Advisory Group
Member for Ireland and Voting Member, the International Penal and Penitentiary Foundation/Fondation Internationale Pénale et Pénitentiaire
Member, Advisory Group to ERC-funded project RECEDE, University of Nottingham
Member, Penal Policy Review Group (appointed by the Minister for Justice)
Member, Expert Group on Crime Statistics (with the Central Statistics Office) - set up to carry out a comprehensive review of the collection, publication and methodology for crime statistics in Ireland
Member Inaugural Research Advisory Group, Department of Justice, Ireland
Director, Irish Association for the Social Integration of Offenders
Chairperson, Irish Penal Reform Trust
Member, Division on Corrections and Sentencing, American Society of Criminology
Member of the Board, Victims' Rights Alliance
Convenor, 'Cultural and Legal Lives of Incarceration' Network, Law and Society Association
Suryapratim Roy, Convenor
Biography
I'm delighted to join Trinity as an Assistant Professor in Regulatory Law. I will be lecturing Environmental Law, and Legislation & Regulation on the LLB Programme and Law & Risk on the LLM Programme. I lead a Seminar on Emergency Law. I write on Climate Law, Citizenship, and Indian constitutionalism. Prior to this, I have taught and written on climate law, economics of regulation and development studies at the University of Groningen. Given the intimate relationship between regulation and behaviour, I turn to legal theory, comparative legal studies and interdisciplinary epistemology in my work. Researchers seeking to explore how law understands, shapes and responds to individual or institutional behaviour in different fields of activity are most welcome to get in touch. Before joining academia, I have been a researcher with the South African Institute of International Affairs in Johannesburg and practised infrastructure law in the Mumbai offices of Amarchand & Mangaldas & Suresh A. Shroff & Co. I hold a BA, LLB (Honours) from the National Academy of Legal Studies and Research, India, a dual-masters in Law and Economics from the University of Hamburg and the University of Vienna, and a PhD from the University of Groningen.
Publications and Further Research Outputs
Peer-Reviewed Publications
Sarah Ganty, Dimitry Kochenov, Suryapratim Roy, Unlawful Nationality-Based Bans from the Schengen Zone: Poland, Finland, and the Baltic States Against Russian Citizens and EU Law, Yale Journal of International Law, 48, (1), 2023, p1 - 34
Hindu Zion: The Politics of Constitutional Accommodation in, editor(s)Mark Tushnet and Dimitry Kochenov , Research Handbook on the Politics of Constitutional Law, Cheltenham, United Kingdom, Edward Elgar, 2023, pp675 - 695, [Suryapratim Roy and Rahul Sambaraju]
People v Arctic Oil: Context, Judgment and Takeaways for Future Climate Litigation in, editor(s)Stefan E. Weishaar and Kars J. de Graaf , The Future of Environmental Law: Ambition and Reality, Cheltenham, United Kingdom, Edward Elgar Publishing, 2023, pp215 - 235, [Suryapratim Roy, Alexandru Gociu]
Suryapratim Roy, The Domestic Life of Climate Law: Friends of the Irish Environment v Ireland, Irish Supreme Court Review, 3, (1), 2022, p141 - 160
Three Binaries in People v Arctic Oil in, A Force of Energy: Essays in Energy Law in Honour of Professor Martha Roggenkamp, Groningen, University of Groningen Press, 2022, pp84 - 93, [Suryapratim Roy]
Suryapratim Roy, Constitutive Reasons and Consequences of Expressive Norms, International Journal for the Semiotics of Law, 34, (2), 2021, p389 - 408
The Visual Culture of Law in India: A response to Rahela Khorakiwala in, editor(s)Swethaa Ballakrishnen and Sara Dezalay , Invisible Institutionalisms, United Kingdom, Hart Publishing, 2021, pp107 - 114, [Suryapratim Roy]
The 'Streetlight Effect' in Commentary on Citizenship by Investment in, editor(s)Dimitry Kochenov and Kristin Surak , Citizenship and Residence Sales: Rethinking the Boundaries of Belonging, United Kingdom, Cambridge University Press, 2021, pp25 , [Suryapratim Roy]
Distributional Concerns in Environmental Policy Instruments in, editor(s)Kenneth R. Richards and Josephine van Zeben , Policy Instruments in Environmental Law, Cheltenham, UK, Edward Elgar Publishing, 2020, pp27 , [Suryapratim Roy]
Commentary on China and India in, editor(s)Dimitry Kochenov and Justin Lindeboom , Kälin and Kochenov's Quality of Nationality Index, United Kingdom, Hart Publishing, 2020, pp265 - 268, [Suryapratim Roy]
Deirdre Ahern and Suryapratim Roy, Policy Responses to Covid-19 In Ireland: Supporting Individuals, Communities, Businesses, and the Economy, COVID-19 Legal Observatory, Dublin, Trinity College Dublin, December , 2020, p1 - 108
Suryapratim Roy and Giulia Mennillo, The Credit Rating Agency Paradox: Looking behind the Regulatory License, Governing through Instruments II: Standards, Ratings, and Certification, Society for the Advancement of Socio-Economics Annual Conference , The New School, New York, June 27, 2019, 2019
Suryapratim Roy, Urgenda II and its Discontents , Carbon and Climate Law Review , 13, (2), 2019, p130 - 141
Suryapratim Roy, Distribution as the Organising Principle of Environmental Regulation, German Law Journal , 19, (3), 2018, p649 - 664
Suryapratim Roy, Never Any End to an Event: A review essay on Law and Historical Memory, Journal of Comparative Law, 18, (1), 2018, p15
Suryapratim Roy, Situating the Individual within Climate Law: A behavioural law and economics approach to end-user emissions trading, University of Groningen, The Netherlands, 2017
Distributive Choices in Urgenda and EU Climate Law in, editor(s)Martha Roggenkamp and Catherine Banet , European Energy Law Report XI, Cambridge, UK, Intersentia, 2017, pp47 - 68, [Suryapratim Roy]
Suryapratim Roy, Agency as Responsiveness, European University Institute Department of Law Research Paper No. 2016/04, 2016
Suryapratim Roy, Mediators and Moderators of Normative Reductionism: Towards a testimonial approach to expertise in legal inquiry, European Journal of Risk Regulation, 7, (3), 2016, p532-
Suryapratim Roy, Situating Urgenda v. The Netherlands within Comparative Climate Litigation, Journal of Energy and Natural Resources Law, 34, (2), 2016, p165-
Suryapratim Roy/Dimitry Kochenov, The Quality of Nationality in China and India, The Henley-Kochenov Quality of Nationality Index 2016, Henley & Partners, 2016, 7
Suryapratim Roy, Urgenda v. The Netherlands: A new climate change constitutionalism?, Nederlands Tijdschrift voor Energierecht, 5, 2015, p75-
Justice as Europe's Signifier in, editor(s)Dimitry Kochenov, Gráinne de Búrca, Andrew Williams , Europe's Justice Deficit?, Oxford, Hart Publishing, 2015, pp79 - [Suryapratim Roy]
Suryapratim Roy, Privileging (some forms of) Interdisciplinarity and Interpretation: Methods in Comparative Law, International Journal of Constitutional Law, 12, (3), 2014, p786 - 807
Suryapratim Roy & Giulia Mennillo, Ratings and Regulation: A case of an irreversible marriage? Harvard Weatherhead Center for International Affairs Working Paper, 2014
End-user Emissions Trading: What, why, how and when in, editor(s)Martha Roggenkamp and Olivia Woolley , European Energy Law Report IX, Belgium, Intersentia, 2012, pp111 - 142, [Suryapratim Roy & Edwin Woerdman]
Suryapratim Roy, From 'Crowding Out' to 'Crowding In': Towards an institutional analysis of Climate Adaptation Funds, South African Institute of International Affairs Occasional Paper , 119, Johannesburg, South African Institute of International Affairs, 2012, 30
Suryapratim Roy, Tsidiso Disenanya & Sheila Kiratu, Clean Energy Investment in Developing Countries: Domestic Barriers and Opportunities in South Africa, Trade, Investment and Climate Change Series, Winnipeg, Manitoba, Canada, International Institute for Sustainable Development, June, 2010, 77
Suryapratim Roy & Sheila Kiratu, Beyond Barriers: the Gender Implications of Trade Liberalisation in Southern Africa, Trade Knowledge Network Series, Winnipeg, Manitoba, Canada, International Institute for Sustainable Development, February, 2010, 30
Financing Solutions to Climate Change in sub-Saharan Africa: Towards an assessment of Institutional and Market Challenges in, editor(s)Peter Draper and Ivan Mbiri , Climate Change and Trade: the Challenges for Southern Africa', Johannesburg, Jacana Publishers, 2010, pp27 , [Suryapratim Roy & Sheila Kiratu]
Suryapratim Roy, The Bengali Press 1800-1850, Journal of the Calcutta Historical Society, 122, 2004, p77 - 89
Non-Peer-Reviewed Publications
Suryapratim Roy, Rahul Sambaraju, Secularism in Hindu Rashtra, Workshop on Secularism, Princeton University, Princeton, New Jersey, May 3 -4 2023, edited by Farrah Ahmed and Nathaniel Mull , 2023
Suryapratim Roy and Rahul Sambaraju, Constitutional Accommodation and the Citizenship Amendment Act, European Conference for South Asian Studies Annual Conference, Turin, 26 - 29 July 2023, 2023
Suryapratim Roy, Ambedkar in the Here and Now, Frontline, 40, (18), 2023
Suryapratim Roy, BR Ambedkar and Walter Benjamin's Critique of Constituent Power, Society of Legal Scholars Annual Conference, Oxford , 28 June, 2023, 2023
Dimitry Kochenov and Suryapratim Roy, Putinism is Contagious, 2022, -
Suryapratim Roy, A Naipauline Conversion?, Dublin Review of Books, (130), 2021
Suryapratim Roy, Law and the Non-human, Workshop on Animal Rights, University of Cambridge, March 2020, 2020
Suryapratim Roy, The Visual Culture of Law, Panel on Invisible Institutionalisms, Law and Society Association Annual Conference, Denver, May 2020, 2020
Suryapratim Roy & Rahul Sambaraju , Indian citizenship has now been reduced to 'us' versus 'them', The Conversation, 2020, -
Suryapratim Roy, Human Rights and Democracy after COVID-19, June 2, 2020, Trinity College Dublin
Suryapratim Roy, Negotiating Interdisciplinarity in Environmental Law, Asian Development Bank- United Nations Environment Programme 'Train the Trainers' Workshop, New Delhi, November 2020, 2020
Alexandru Gociu & Suryapratim Roy , Norway's Supreme Court set to rule on whether the country can keep searching for new Arctic oil, The Conversation, 2020, -
Suryapratim Roy, Against Apathy, Review of Ice on Fire, India Today, 2019
Suryapratim Roy, Comparative Climate Litigation and Human Rights, European Society of International Law Climate Change Conference, Dundee, September, 2019, University of Dundee
Suryapratim Roy, Discursive and Distributive Choices in the EU Social Market Economy, Review of 'The EU Social Market Economy and the Law:Theoretical Perspectives and Practical Challenges for the EU (Abingdon: Routledge, 2019)' , by Delia Ferri and Fulvio Cortese , Common Market Law Review, 56, (5), 2019, p1427 - 1430
Suryapratim Roy, Is Climate Change an Issue of Human Rights, The Irish Times, October 15, 2019, 2019, -
Suryapratim Roy, I Will Surive, Review of The Wall, by John Lanchester , India Today, 2019
Suryapratim Roy, Article 8 ECHR and Climate Change, Workshop on Applications of the Right to Private and Family Life under the European Convention on Human Rights, Dublin, 2019
Suryapratim Roy, What is Residency?, Critical Perspectives in Investment Migration, Geneva, July , 2019
Suryapratim Roy, Memory Rule of Law, Legal Governance of Historical Memory in Comparative Perspective, The Hague, The Netherlands, October , 2018, The Asser Institute
Suryapratim Roy , Behavioural Studies and Legal Theory, Irish Jurisprudence Society , Dubln , December, 2018
Suryapratim Roy, Locating Agency in Automated Behaviour, 28th Congress of the International Association for the Philosophy of Law, July, 2017
Suryapratim Roy, Plenary talk on 'Climate Change and Tort', Plenary of the Annual Conference on the Common Core of European Private Law, Lecce, Italy, November, 2016, Common Core of European Private Law
Suryapratim Roy, Polycentric Governance in the European Union and the Rule of Law, UACES 46th Annual Conference, London, September, 2016
Suryapratim Roy, Review of Recent Works in Comparative Law, Review of Practice and Theory of Comparative Law, by Maurice Adams and Jacco Bomhoff , Common Market Law Review, 51, 2014, p3
Dimitry Kochenov & Suryapratim Roy, ''Turning EU Citizenship into a viable tool of EU Federalism'', Verfassungsblog, 2013, -
Suryapratim Roy, Hindu Zion, Inaugural Conference, Durham Centre for Indian Law and Policy, Durham, 19-20 June 2023
Recognition
Representations
Visiting Lecturer, Bocconi University, Milan
Reviewer for the following journals: 1) Carbon and Climate Law Review 2) Climate Policy 3) European Journal of Risk Regulation 4) European Journal of Comparative Law and Governance 5) European Journal of Law & Economics 6) Environmental Science & Policy 7) Dublin University Law Journal 8) German Yearbook of International Law
Designed preliminary materials on 'Conceptualising Investment Migration' for the Investment Migration Council Education Project
Awards and Honours
Workshop Grant, Human Development & Capability Association, Harvard Global Equity Initiative, 2014
Promovendus funding, Faculty of Law, University of Groningen, 2011
Erasmus Mundus Scholar 2009-2010
Young Leader for a Sustainable Future Grant, International Institute for Sustainable Development, 2008
Memberships
Society of Legal Scholars (SLS)
Irish Association of Law Teachers (IALT)
Academic Association for Contemporary European Studies (UACES)
European Union Studies Association
Society for Environmental Law and Economics (SELE)
Human Development and Capabilities Association
International Society of Public Law
Dutch Energy Law Association
Bar Council of India
Law and Society Association
Rachael Walsh
Biography
I am an Associate Professor and Fellow at the School of Law, teaching and researching in the areas of property law and theory and constitutional law and theory. I am the Law School's Director of Global Engagement and Erasmus Coordinator. I previously worked as a permanent Lecturer in Law at King's College London. There, I taught property law and environmental law and served as the Director of the Joint Degree with Columbia Law School and the Study Abroad Programme. Prior to that, I was an Adjunct Professor at Trinity College Dublin. I completed my PhD at Trinity College Dublin, where I was funded by an Ussher Scholarship. I obtained an LLM degree from Harvard Law School as a Fulbright Scholar. I am also a qualified barrister.
I am recognised internationally as a leader in constitutional law and property law. Throughout my work, I aim to connect legal theory and practice through analysing the underpinnings and drivers of law 'in action'. Key recent publications include Property Rights and Social Justice: Progressive Property in Action (Cambridge University Press, 2021) and Kelly: The Irish Constitution (Bloomsbury, 2018), which is the seminal text on Irish constitutional law. These books complement peer-reviewed publications in journals of high standing in both constitutional law and property law.
My research examines how constitutions shape democracies and set parameters for solving social problems, both procedural and value-based. In my current projects, I analyse the role of citizens in constitutional reform and the balance between the individual and the community in the protection of property rights. I do so through the prism of global challenges, for example securing safe and secure housing (including over the course of the COVID-19 pandemic), effectively designing and implementing climate mitigation measures, and restoring trust in democracy.
My property scholarship focuses in various ways on the question of how the State can restrict the exercise of property rights to secure the common good, analysing whether property law, and ideology, limits the legal and political scope for progressive policy reforms in response to urgent problems such as climate change. Accordingly, my research cross-cuts a range of subject areas, including property law and theory, constitutional law and theory, environmental law, planning law, housing law, and human rights law.
As well as focusing on the interaction between constitutional law and property law, I research other constitutional problems. Given the rise of populist politics around the world, there is an urgent need to reconnect people with political processes. Increasing citizen participation is proposed as one solution, with Ireland pointed to internationally as a leading example. Arising out of my role as constitutional law advisor to the Irish Citizens' Assembly, my research also explores the role that citizens play in changing and updating constitutions, in particular through deliberative processes.
Publications and Further Research Outputs
Peer-Reviewed Publications
Developing Resilient Property Systems: Legal Opportunities and Challenges in, editor(s)Magdalena Habdas , Rethinking Expropriation Law IV, Netherlands, Eleven, 2024, pp309 - 325, [Rachael Walsh]
Progressive Property's Thomistic Turn: Connecting Human Sustenance and Human Flourishing in, editor(s)Chris Bevan , Property Law and Theory Handbook, Edward Elgar, UK, Edward Elgar, 2024, [Rachael Walsh]
Rachael Walsh, Constitutional Property and Progressive Property's Compatibility: A Reappraisal, Texas A&M Journal of Property Law, 10, (1), 2024, p81 - 109
Oran Doyle and Rachael Walsh, Assessing the Influence and Legitimacy of Citizen Deliberation on Abortion: A Reply to Eoin Carolan and Seana Glennon, International Journal of Constitutional Law, 2024, p1 - 5
Property Rights and Democratic Decision-Making: Lessons from the 1922 Constitution in, editor(s)Laura Cahillane and Donal Coffey , The Centenary of the Irish Free State Constitution: Constituting a Polity?, UK, Palgrave, Palgrave Modern Legal History, 2024, pp197 - 215, [Rachael Walsh]
Rachael Walsh, Common Good Constitutionalism and the Individual " A Property Perspective, American Journal of Jurisprudence, 69, (1), 2024
Rachael Walsh, Specifying Interpersonal Responsibilities in Private Law, American Journal of Jurisprudence, 68, (2), 2023, p141 - 151
Rachael Walsh, Distributing Collective Burdens and Benefits: O'Reilly, TD, and the Housing Crisis, Irish Judicial Studies Journal , 6, (3), 2022, p63 - 70, p63-70
Oran Doyle and Rachael Walsh, Constitutional Amendment and Public Will Formation: Deliberative Mini-Publics as a Tool for Consensus Democracy, International Journal of Constitutional Law, 20, 2022, p398 - 427
Rachael Walsh, Distributing the Costs of Change: Property Transitions and Pacts, International Journal of Law in Context, 18, (2), 2022
Rachael Walsh, Review of Open Democracy : Reinventing Popular Rule for the 21st Century, by Helene Landemore , International Journal of Constitutional Law, 2021, phttps://doi.org/10.1093/icon/m
Deliberative Mini-Publics as a Response to Populist Democratic Backsliding in, editor(s)Maria Cahill, Colm O'Cinneide, Seán Ó Conaill and Conor O'Mahony , Constitutional Change and Popular Sovereignty: Populism, Politics and the Law in Ireland, London, Routledge, 2021, [Oran Doyle and Rachael Walsh]
Rachael Walsh, Climate Action and Constitutional Property Rights - Partners or Adversaries?, Dublin University Law Journal, 2021
Rachael Walsh, Property Rights and Social Justice: Progressive Property in Action, Cambridge, Cambridge University Press, 2021
Securing Possession of the Home in the COVID-19 Context in, editor(s)Elsabe van der Sijde , Property Responses to a Global Pandemic, South Africa, Juta, 2021, pp165 - 182, [Rachael Walsh]
Oran Doyle and Rachael Walsh, Deliberation in Constitutional Amendment: Reappraising Ireland's Deliberative Mini-Publics, European Constitutional Law Review, 16, (3), 2020, p440 - 465
Deirdre Ahern and Suryapratim Roy, Policy Responses to Covid-19 In Ireland: Supporting Individuals, Communities, Businesses, and the Economy, COVID-19 Legal Observatory, Dublin, Trinity College Dublin, December , 2020, p1 - 108
Oran Doyle and Rachael Walsh, Participatory Democracy in Ireland: Citizens' Assemblies, Studi Senesi, 131, 2019, p485 - 496
Rachael Walsh and Lorna Fox O'Mahony, Land Law, Property Ideologies and the British Irish Relationship, Common Law World Review, 47, 2018, p7 - 34
GW Hogan, GF Whyte, D Kenny, R Walsh, Kelly: The Irish Constitution, Fifth edition, Dublin, Bloomsbury Professional, 2018, 1 - 2765pp
The Marginality of Property in Expropriation Law: A Comparative Assessment in, editor(s)Gustav Muller, Reghard Brits, Bradley Slade, Jeannie van Eyk , Transformative Property Law, South Africa, Juta, 2018, pp21 - 51, [Bradley Slade and Rachael Walsh]
Rachael Walsh, Property, Human Flourishing, and St Thomas Aquinas: Assessing a Contemporary Revival, Canadian Journal of Law and Jurisprudence, 31, (1), 2018, p197 - 222
Comparative Constitutional Property Law in, editor(s)Lionel Smith and Michele Graziadei , Research Handbook on Comparative Property Law, US, Elgar, 2017, pp193 - 216, [Rachael Walsh and Andre van der Walt]
Reviewing Expropriations: The Search for 'External Guidance" in, editor(s)Hanri Mostert and Leon Verstappen , Rethinking Public Interest in Expropriation Law, The Netherlands and South Africa, Eleven Publishing and Juta Publishing, 2015, [Rachael Walsh]
Gerard Hogan, David Kenny, Rachael Walsh, An Anthology of Declarations of Unconstitutionality, Irish Jurist, 54, 2015, p1 - 35
Rachael Walsh, Stability and Predictability in English Property Law - The Impact of Article 8 of the European Convention on Human Rights Reassessed, Law Quarterly Review, 131, (October), 2015, p585 - 609
Belfast Corporation v OD Cars - Setting Parameters for Restricting Use in, editor(s)Robin Hiickey, Simon Douglas and Emma Waring , Landmark Cases in Property Law, Oxford: UK, Hart Publishing, 2015, pp227 - 252, [Rachael Walsh]
Expropriation in Ireland in, editor(s)Jacques Sluysmans, Emma Waring, Stijn Verbist , Expropriation Law in Europe, Netherlands, Wolters Kluwer, 2015, [Rachael Walsh]
Rachael Walsh and Eloise Scotford, The Symbiosis of Property and English Environmental Law - Property Rights in a Public Law Context, Modern Law Review, 76, 2013, p1010-
The Evolving Relationship Between Property and Participation in English Planning Law in, editor(s)Nick Hopkins , Modern Studies in Property Law Volume 7, Oxford, UK, Hart Publishing, 2013, pp283 - [Rachael Walsh]
King's Law Journal, Special Edition, 'The Interface of Public and Private Concepts of Property', 24, 2, (2013), Rachael Walsh, Tanya Aplin, Leslie Turano-Taylor, [eds.], Special Edition Editor
Rachael Walsh , Private Property Rights in the Drafting of the Irish Constitution - A Communitarian Compromise, Dublin University Law Review, 33, 2011, p86-
Rachael Walsh , Integrating Proportionality into Public Authority Possession Applications - Conclusive Answers from the Supreme Court?, King's Law Journal, 22, 2011, p414-
Rachael Walsh , Property in the Margins, King's Law Journal, 21, 2010, p591-
Rachael Walsh , The Principles of Social Justice - The Compulsory Acquisition of Private Property for Redevelopment in the United States and Ireland, Dublin University Law Journal , 32, 2010, p1-
Rachael Walsh , The Constitution, Property Rights and Proportionality - A Reappraisal, Dublin University Law Journal , 31, 2009, p1-
Non-Peer-Reviewed Publications
H2020 consortium, 'RESILENS: Realising European Resilience for Critical Infrastructure', http://resilens.eu, 2018, -
Rachael Walsh, Compensation for Expropriation - 'Democratic Discounting', Rethinking Expropriation: Compensation for Expropriation, University of Cape Town, 7-9 December 2016, 2016
Rachael Walsh, Tanya Aplin, Leslie Turano-Taylor, The Public/Private Interface of Property, King's Law Journal, 24, (2), 2013, p1-
Research Expertise
Description
I am a recognised leader in constitutional law and property law. My research examines how constitutions shape democracies and set parameters for solving social problems, both procedural and value-based. In my current projects, I analyse the role of citizens in constitutional reform and the balance between the individual and the community in the protection of property rights. I do so through the prism of global challenges, for example securing safe housing, designing and implementing climate mitigation measures, and restoring trust in democracy. Accordingly, my research has wide-reaching relevance, reflected in its selection for the Provost's Annual Review (2019). Tension between property rights and collective interests underpins regulatory responses to social problems, with governments regularly citing property rights as a barrier to change. Building on previous publications in leading peer-reviewed journals, in Property and Social Justice: Progressive Property in Action (CUP, 2021), I challenge this claim. I show how property rights and social justice can be mediated in a way that does not impede progressive reforms. I also addressed this issue, as well as other constitutional law problems, as a co-author of Kelly: The Irish Constitution (Bloomsbury, 2018). This treatise is recognised as providing authoritative analysis of Irish constitutional law and is regularly cited by the Supreme Court. Arising out of my role as constitutional law advisor to the Irish Citizens' Assembly, my research also explores the role that citizens play in constitutional change. This scholarship, published in leading international peer-reviewed journals such as the International Constitutional Law Journal and the European Constitutional Law Review, responds to international interest in Ireland as a leader in deliberative democracy. I advised the German National Citizens' Assembly and the EU Committee of the Regions amongst others on the topic. In addition, I have a strong funding record. For example, I was part of the team that secured c. 40,000 in funding for the COVID-19 Law and Human Rights Observatory in the Dean of Research's COVID-19 Response call. I led the Law School's involvement in the H2020 RESILENS project, which was awarded 4,091,842.50 in EU FP7 funding to develop tools for the creation and maintenance of resilient critical infrastructure.Projects
- Title
- RESILENS
- Summary
- Funded H2020 interdisciplinary project, working with SME's, public bodies and academics on resilience planning in core infrastructure development.
- Funding Agency
- EU Commission
- Date From
- Estimated June 2015
Recognition
Representations
Appointed member of the Expert Advisory Group of the Citizen's Assembly on the Eighth Amendment, Fixed Term Parliaments, and Referendums.
Board member, Modern Studies in Property Law. This is a highly prestigious international property law group, focused on a large conference and a research workshop every two years, as well as a resulting peer-reviewed publication.
Fellow, South African Research Chair in Property Law - appointed on the basis of outstanding research in comparative constitutional property law, functions include attending at the Chair to carry out research, delivery of graduate seminars and examination of PhD's.
External reviewer for the South African research funding body, the National Research Foundation. Functions include reviewing and assessing research outputs from individual researchers, and reviewing institutions from a teaching and learning, as well as a research perspective.
Peer-reviewer, Cambridge University Press
Peer-reviewer. The Conveyancer journal.
Peer-Reviewer, European Property Law Journal
Member, Editorial Board, King's Law Journal
Peer-reviewer, Dublin University Law Journal
National representative for Ireland for the Core Principles of European Expropriation Law and Obligations to climate-proof real estate EU-wide research projects.
Member, Expert Group on Expropriation
Peer-Reviewer, European Property Law Journal
External Examiner (PhD) - University of Glasgow
Consultant, Law Reform Commission of Ireland
Awards and Honours
Provost's PhD Project Award
Provost's Teaching Award
Accelerated Advancement in the Assistant Professor grade
Laidlaw Scholar Supervisor
Ussher Award for PhD studies
Fulbright Scholar Award
Rodney Overend Educational Trust award for Ph.D. studies,
James Murnaghan Prize, The Honorable Society of the King's Inns
Gold Medal Award, TCD
Henry Hunter Hamilton Prize, TCD
Memberships
Board Member, Modern Studies in Property Law: Modern Studies in Property Law is the leading UK property law conference, which meets biennially in full conference format, and in workshop format on alternate years. It results in a prestigious peer-reviewed edited collection published by Hart. The Board steers conference activities and also manages a research mentoring programme and support for postgraduate research.
Member, Expert Group on Expropriation: The Expert Group brings together by invitation leading academics and practitioners working in the field of expropriation law to develop good governance standards in expropriation, in particular with a view to securing sustainable development. The Group holds regular international conferences and publishes peer-reviewed edited collections.
Fellow, South African Research Chair in Property Law Group: The Research Chair is the leading centre for property law research in South Africa, which has a central role in crucial debates concerning access to housing and land. As a Fellow, I contribute to its research activities and to its postgraduate programmes, through teaching and as a PhD examiner.
Member, Society of Legal Scholars
Member, Irish Association of Law Teachers
Member, International Society of Public Law
Member, Young Property Lawyers' Association
Member, Association of Law, Property and Society
Member, Irish Jurisprudence Society
Gerry Whyte
Biography
Gerard F Whyte BCL (NUI), LLM (NUI), LL.D. (NUI), BL, MA FTCD (1990), Barrister-at-Law. Gerry Whyte is a Professor in Trinity Law School and a Fellow of Trinity College. The author and co-author of books on public interest law, constitutional law and trade union law, he has also edited books on aspects of law and religion and Irish social welfare law and has published extensively in the areas of public interest law, constitutional law, social welfare law and labour law. He is also active in a number of social justice and legal aid organisations and is a former member of the Commission on Assisted Human Reproduction and of the Steering Group of Irish Council of People with Disabilities. His research interests are public interest law, constitutional law, labour law, social welfare law, law and religion.
Publications and Further Research Outputs
Peer-Reviewed Publications
Mel Cousins and Gerry Whyte, Social Security Law in Ireland, Fifth edition, Alphen aan den Rijn, NL, Kluwer Law International, 2024, 1 - 398pp
Gerry Whyte, Deportation and the Marital Family: Gorry v Minister for Justice and Equality, Irish Supreme Court Review, 4, 2022, p203 - 221
Mel Cousins and Gerry Whyte, Social Security Law Ireland , Fourth edition, Alphen Aan den Rijn, Wolters Kluwer, 2021, 1 - 432pp
Gerry Whyte, Begging and Irish law, The Irish Jurist, 64, (2), 2020, p153 - 166
Litigating the Right to Inclusive Education under Irish Law in, editor(s)Gauthier de Beco, Shivaun Quinlivan, Janet Lord , The Right to Inclusive Education in International Human Rights Law, Cambridge, Cambridge University Press, 2019, pp497 - 513, [Gerry Whyte]
Judicial decisions as catalysts for social change in, editor(s)Eoin Carolan , Judicial Power in Ireland, Dublin, IPA, 2018, pp147 - 157, [Gerry Whyte]
GW Hogan, GF Whyte, D Kenny, R Walsh, Kelly: The Irish Constitution, Fifth edition, Dublin, Bloomsbury Professional, 2018, 1 - 2765pp
Gerry Whyte, Lord Ellenborough's Law of Humanity and the Legal Duty to Relieve Destiitution, The Irish Jurist, Vol.60, 2018, p1 - 32
Gerry Whyte, Social Inclusion and the Legal System: Public Interest Law in Ireland , Second edition, Dublin, Institute of Public Administration, 2015, 554 + liiipp
Public Interest Litigation in Ireland and the European Convention on Human Rights Act 2003 in, editor(s)Suzanne Egan, Liam Thornton and Judy Walsh , Ireland and the ECHR: 60 Years and Beyond, Dublin, Bloomsbury, 2014, pp257 - 279, [Gerry Whyte]
Gerry Whyte, Judicial Capacity to enforce Socio-Economic Rights, Dublin University Law Journal, 37, 2014, p203 - 230
The Efficacy of Public Interest Litigation in Ireland in, editor(s)Professor Tiya Maluwa , Law, Politics and Rights: Essays in memory of Kader Asmal, Leiden, Brill , 2013, pp252 - 284, [Gerry Whyte]
Gerry Whyte, Constitutional Litigation and Disability Rights, Irish Jurist, 48, 2012, p303 - 322
Gerry Whyte, A Tale of Two Cases - Divergent Approaches of the Irish Supreme Court to Distributive Justice, Dublin University Law Journal, 32, 2010, p365 - 379
G.F. Whyte, "The Frontiers of Religious Liberty: A Commonwealth Celebration of the 25th Anniversary of the U.N. Declaration on Religious Tolerance - Ireland, Emory International Law Review, Vol.21, (No.1), 2007, p43 - 76
Gerry Whyte, The role of the Supreme Court in our democracy: A response to Mr. Justice Hardiman, Dublin University Law Journal, 28, 2006, p1 - 26
The Separation of Powers and Constitutional Egalitarianism after the Health (Amendment) (No.2) Bill Reference in, editor(s)Eoin O'Dell , Older People in Modern Ireland: Essays on Law and Policy, Dublin, First Law, 2006, pp393 - 426, [Oran Doyle and Gerry Whyte]
Gerry Whyte, Protecting Religious Ethos in Employment: A clash of cultures, Dublin University Law Journal, 27, 2005, p169 - 183
Gerry Whyte (with Eoin O'Dell), Is This a Country for Old Men and Women? - In re Article 26 and the Health (Amendment) (No.2) Bill 2004 , Dublin University Law Journal, 27, 2005, p368 - 392
Whyte, G., Hogan, G., Kelly's The Irish Constitution, Fourth edition, LexisNexis, 2004
Whyte, G., Social Inclusion and the Legal System: Public Interest Law in Ireland, IPA, 2002
Whyte, G., The right to die and the Irish Constitution, European Public Law, 235, 1997
Whyte, G., Religion and the Irish Constitution, John Marshall Law Review, 725, 1997
Whyte, G., Public interest litigation in Ireland - the emergence of the affirmative decree?, Dublin University Law Journal, 198, 1997
Whyte, G., Gender and Equality in the Irish Social Welfare System, Irish Human Rights Yearbook, 50, 1995
Gerard Hogan, Gerry Whyte, The Irish Constitution, Third edition, Butterworths, 1994, cxxii, 1-1222pp
Whyte, G., Education and the Constitution: convergence of paradigm and praxis, XXV-XXVII Ir. Jur., 69, 1992
Whyte, G., O'Dell, E., Welfare, Women and Unjust Enrichment, Industrial Law Journal, 304, 1991
Whyte, G., Social Welfare Law -the cohabitation rule, Dublin University Law Journa1, 187, 1989
Whyte, G., Part-time Workers under Labour and Social Welfare Law, Dublin University Law Journal, 74, 1989
Whyte, G., Welfare Law - Travellers and the Law, Dublin University Law Journal, 189, 1988
Whyte, G., The Family and the State -Irish Constitutional Law, St. Louis University Public Law Review, 237, 1988
Whyte, G., Legal action on behalf of the underprivileged - an evaluation of the test case strategy, Dublin University Law Journal, 102, 1986
Whyte, G., Kerr, A., Irish Trade Union Law, Professional Books, 1985
Whyte, G., "And Justice for Some...", Dublin University Law Journal, 88, 1984
Whyte, G., Kerr, A., Labour Law, Trade Disputes and the Constitution, Dublin University Law Journal, 187, 1984
Whyte, G., Constitutional Law - the one judgment rule in action, Dublin University Law Journal, 273, 1983
Whyte, G., The applicability of the European Convention on Human Rights before the Irish courts, International Comparative and Law Quarterly, 856, 1982
Whyte, G., Industrial Relations and the Constitution, XVI Ir. Jur., 35, 1981
Whyte, G., Constitutional protection and the European Convention on Human Rights -an Irish joke? The punchline, Modem Law Review, 541, 1981
Non-Peer-Reviewed Publications
Social Welfare Law in, editor(s)William Binchy and Raymond Byrne , Annual Review of Irish Law, Dublin, Thomson Reuters Professional (Ireland) Ltd, 2023, pp509 - 521, [Gerry Whyte and Mel Cousins]
Social Welfare Law in, editor(s)William Binchy and Raymond Byrne , Annual Review of Irish Law 2021, Dublin, Round Hall Thomson Reuters, 2022, pp467 - 479, [Gerry Whyte, Mel Cousins]
Social Welfare Law in, editor(s)Ray Byrne and William Binchy , Annual Review of Irish Law 2020, Dublin, Round Hall Thomson Reuters, 2021, pp707 - 720, [Gerry Whyte and Mel Cousins]
Social Welfare Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2019, Dublin, Round Hall, 2020, pp628-651 , [Mel Cousins, Gerry Whyte]
Social Welfare Law 2017-18 in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2018, Dublin, Round Hall, 2019, pp542 - 565, [Mel Cousins and Gerry Whyte]
Social Welfare Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2016, Dublin, Round Hall, 2017, pp579-605 , [Mel Cousins, Gerry Whyte]
Public Interest Litigation - an evaulation in, editor(s)Ivana Bacik and Mary Rogan , Legal Cases that Changed Ireland, Dublin, Clarus Press, 2016, pp109 - 116, [Gerry Whyte ]
Gerry Whyte , Guaranteeing Freedom of Religion in Contemporary Ireland, Doctrine and Life, 66, (8), 2016, p10 - 25
Social Welfare Law in, editor(s)R Byrne and W Binchy , Annual Review of Irish Law 2015, Dublin, Round Hall, 2016, pp676 - 685, [Gerry Whyte and Mel Cousins]
Social Welfare Law in, editor(s)R Byrne and W Binchy , Annual Review of Irish Law 2014, Dublin, Round Hall, 2015, pp619 - 638, [Gerry Whyte and Mel Cousins]
Social Welfare Law in, editor(s)R Byrne and W Binchy , Annual Review of Irish Law 2013, Dublin, Round Hall, 2014, pp535 - 547, [Gerry Whyte and Mel Cousins]
Social Welfare Law in, editor(s)R Byrne and W Binchy , Annual Review of Irish Law 2012, Dublin, Round Hall, 2013, pp546 - 554, [Gerry Whyte and Mel Cousins]
Gerry Whyte, The legal status of 'no foal, no fee' agreements, The Bar Review , 17, (3), 2012, p61 - 67
Social Welfare Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2011, Dublin , Round Hall, 2012, pp583 - 599, [Gerry Whyte and Mel Cousins]
Social Welfare Law in, editor(s)R Byrne and W Binchy , Annual Review of Irish Law 2010, Dublin, Round Hall, 2011, pp592 - 598, [Gerry Whyte]
Social Welfare Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2009, Dublin, Round Hall , 2010, pp711 - 719, [Gerry Whyte]
Social Welfare Law 2008 in, editor(s)William Binchy and Raymond Byrne , Annual Review of Irish Law 2008, Dublin, Round Hall, 2009, pp581 - 586, [Gerry Whyte]
Social Welfare Law 2007 in, editor(s)William Binchy and Raymond Byrne , Annual Review of Irish Law 2007, Dublin, Round Hall, 2008, pp513 - 524, [Gerry Whyte]
Providing Effective Access to Legal Services in, editor(s)Aibhlin McCrann , Memories, Milestones and New Horizons, Belfast, Blackstaff Press, 2008, pp115 - 134, [Gerry Whyte]
On the Meaning of 'Religion' under the Irish Constitution in, editor(s)Eoin Carolan and Oran Doyle , The Irish Constitution: Governance and Values, Dublin, Thomson Round Hall, 2008, pp446 - 462, [Gerry Whyte]
Social Welfare Law 2006 in, editor(s)William Binchy and Raymond Byrne , Annual Review of Irish Law 2006, Dublin, Thomson Round Hall, 2007, pp524 - 534, [Gerry Whyte]
Gerry Whyte, Socio-Economic Rights in Ireland: Judicial and Non-Judicial Enforcement, Bar Review, 11, (1), 2006, p27 - 31
Social Welfare Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2005, Dublin, Thomson Round Hall, 2006, pp625 - 632, [Gerry Whyte]
Gerry Whyte, The Moral Status of the Embryo, Medico-Legal Journal of Ireland, 12, (2), 2006, p77 - 82
Gerry Whyte, Integrating Professional Practice and Religious Faith, Doctrine and Life, 55, (10), 2005, p18 - 29
Social Welfare Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2004, Dublin, Thomson Round Hall, 2005, pp449 - 458, [Gerry Whyte]
Whyte, G., Social Welfare Law, Annual Review of Irish Law 2003, 2004
Rights and Judicial Activism in, editor(s)Fanning, Kennedy, Kiely, Quin , Theorising Irish Social Policy, UCD Press, 2004, [Whyte, G.]
Whyte, G., Democracy and Multireligious Experience: Constitutional Dilemmas, Svensk Teologisk Kvartalskrift, 108, 2004, `
Whyte, G., Social Welfare Law, Annual Review of Irish Law 2001, 2004
Socio-Economic Rights and the Irish Constitutio in, editor(s)Lavan , Social Rights and Social Cohesion, IEA/Dept. of Social, Community and Family Affairs, 2003, [Whyte, G.]
Whyte, G., Social Welfare Law, Annual Review of Irish Law 2000, 2002
Whyte, G., Social Welfare Law, Annual Review of Irish Law 1999, 2001
Whyte, G., Social Welfare Law, Annual Review of Irish Law, 1999
some Reflections on the Role of Religion in the Constitutional Order in, editor(s)Tim Murphy and Patrick Twomey , Ireland's Evolving Constitution 1937-1997, Oxford, Hart Publishing, 1998, pp51 - 64, [Gerry Whyte]
Whyte, G., Social Welfare Law, Annual Review of Irish Law, 1998
Gerry Whyte , Discerning the philosophical premises of the Report of the Constitution Review Group, Contemporary Issues in Irish Law and Politics, Vol. 2, 1998, p216 - 238
Whyte, G., Social Welfare Law, Annual Review of Irish Law, 1998
Whyte, G., Education, religion and an indeterminate constitution, Doctrine and Life, 274, 1997
Whyte, G., Social Welfare Law, Annual Review of Irish Law, 1997
A comment on the Constitution Review Group's proposals on equality in, editor(s)Byrne and Duncan , Developments in discrimination law in Ireland and Europe, ICEL, 1997, [Whyte, G.]
Whyte, G., Annotation of Civil Legal Aid Act 1995, Irish Current Law Statutes Annotated, 32, 1996
Whyte, G., "The Constitutionalisation of Labour Law" (1994-5), Journal of the Irish Society for Labour Law, 208, 1996
Whyte, G., Natural Law and the Constitution, Irish Law Times, 8, 1996
Whyte, G., O'Connor v. Irish Press Newspapers Ltd.: a short comment on the role and procedures of the Social Welfare Tribunal, Employment Law Reports, xxiv, 1995
Whyte, G., Introduction, Religious Morality and Public Policy, 1995
Whyte, G., The White Paper: a lawyer's response, Vol. II Studies in Education: A Journal of Educational Research, 22, 1995
Whyte, G., Treacy, B. (editors), Religious Morality and Public Policy, Dominican Publications, 1995
Whyte, G., Social Welfare Law, Annual Review of Irish Law 1993, 1994
Constitutional Adjudication, Ideology and Access to the Courts in, editor(s)A. Whelan , Law and Liberty in Ireland, Oaktree Press, 1993, [Whyte, G.]
Whyte, G., Liability of personal representatives under the social welfare code, Gazette of the Incorporated Law Society of Ireland, 175, (1993), 1993
Education and the Constitution in, editor(s)D. Lane , Religion, Education and the Constitution, Columba Press, 1992, [Whyte, G.]
Abortion and the Law in, Abortion, Law and Conscience, Dominican Publications, 1992, [Whyte, G.]
Whyte, G., State Aid for Church Schools: Is it legal?, Doctrine and Life, Feb., 1992
Irish Social Security Policy during the 1980s in, editor(s)B. Greve , Social Policy in Europe, Copenhagen, Danish National Institute of Social Research, 1992, [Whyte, G.]
Whyte, G., Recent changes in the liabilities of personal representatives under the social welfare code, Gazette of the Incorporated Law Society of Ireland, 1991
Whyte, G., Report of the Review Group on the Treatment of Households in the Social Welfare Code: a Legal Perspective, Administration, 134, 1991
Whyte, G., Enforcing maintenance obligations through the welfare system, Gazette of the Incorporated Law Society of Ireland, 5, 1990
Whyte, G., The Impact in Ireland of EC Law on Social Security Rights for Migrant Workers, Mobility of People in the European Community (Irish Centre for European Law, 1990), 1990
Whyte, G., Note on the Social Welfare (No.2) Act 1989, Irish Current Law Statutes Annotated, 1989
Whyte, G., Reforming the social welfare appeals system, Irish Law Times, 198, 1989
Whyte, G., Constitutional protection for the married family, Irish Law Times, 115, 1989
Whyte, G., Social Welfare Law 1988/9: the year in review, Journal of the Irish Society for Labour Law, 66, 1989
Council Directive 79/7/EEC in Ireland in, Sex Equality, Community Rights and Irish Social Welfare Law, ICEL, 1988, [Whyte, G.]
Whyte, G. (editor), Sex Equality, Community Rights and Irish Social Welfare Law, ICEL, 1988
Whyte, G., Protecting the married family on social welfare, Irish Law Times, 87, 1988
Whyte, G., Social Welfare Law 1987/8: the year in review, Journal of the Irish Society for Labour Law, 82, 1988
Law and Poverty in Ireland in, editor(s)W. Duncan , Law and Social Policy, Dublin University Law Journal, 1987, [Whyte, G.]
Whyte, G., The Liability of personal representatives under the social welfare code, Gazette of the Incorporated Law Society of Ireland, 129, 1987
Whyte, G., Social Welfare payments and the assessment of damages in civil actions, Gazette of the Incorporated Law Society of Ireland, 281, 1987
Whyte, G., Social Welfare Law 1986/7: the year in review, Journal of the Irish Society for Labour Law, 88, 1987
Whyte, G., An evaluation of the Report of the Commission on Social Welfare, Journal of the Irish Society for Labour Law, 81, 1986
Whyte, G., Social Welfare Law 1985/6: the year in review, Journal of the Irish Society for Labour Law, 135, 1986
Whyte, G., Vindicating statutory employment rights - an exercise in legalism, Irish Law Times, 201, 1984
Whyte, G., The European Convention on Human Rights and the closed shop, Gazette of the Incorporated Law Society of Ireland, 237, 1981
Whyte, G., The right of workers to choose their collective bargaining agents, Gazette of the Incorporated Law Society of Ireland, 53, 1981
Whyte, G., Nominal plaintiffs and the Irish Constitution, Gazette of the Incorporated Law Society of Ireland, 229, 1980
Whyte, G., Rationalising the Law on Picketing, Irish Law Times and Solicitors' Journal, 93, 1979
Research Expertise
Description
Public interest law, constitutional law, labour law, social welfare law, law and religion.Recognition
Representations
Ministerial appointee to Steering Group for Irish Council of People with Disabilities
Ministerial appointee to Commission on Assisted Human Reproduction
Member of EU Group of Experts on Convergence of Social Protection Policies
Ministerial appointee to selection panel for Irish Human Rights and Equality Commission designate
Awards and Honours
Fellow of Trinity College
TriCON
The Trinity Centre for Constitutional Law and Governance (TriCON) is a Research Centre based in the School of Law which undertakes and promotes research, teaching and public engagement on all aspects of constitutional law and governance, both in Ireland and across the world. Scholars at the Centre share a broad range of research interests, spanning the fields of constitutional law, comparative constitutional studies, administrative law, human rights, EU law, international public law, democratic theory, legal philosophy and more. Set up in 2019, TriCON hosts a vibrant seminar series which provides a focal point for scholars and practitioners interested in constitutional law from a theoretical, comparative, interdisciplinary and practical perspective. It also runs a regular research forum for graduate students researching in the area of constitutional law. In future years, TriCON will host Visiting Scholars at the Centre and run conferences on cutting-edge themes in constitutional law and governance.
TriCON is host to the Law and Human Rights Observatory, which monitors, analyses and comments on Ireland’s response to Covid19. Headed by Professor Oran Doyle, the Observatory will examine the response to Covid19 in terms of its impact on healthcare, human rights, democratic accountability and the rule of law.
The Director of TriCON is Professor Aileen Kavanagh who moved to Trinity College Dublin from the University of Oxford in September 2019.
Contact details - Email: aileen.kavanagh at tcd.ie