Skip to main content

Trinity College Dublin, The University of Dublin

Trinity Menu Trinity Search



Constitutional Governance and Social Change

Constitutional Governance and Social Change

Welcome

This group brings together researchers working on constitutional governance and social change in relation to Irish, European and International law. These interests correlate with Trinity College’s research themes of Inclusive Society; International Integration; Making Ireland; and Identities in Transformation.

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



Mr. Suryapratim Roy
Assistant Professor, Law

Biography

I'm delighted to join Trinity as an Assistant Professor in Regulatory Law. I will be lecturing Environmental Law on the LLB Programme and Law & Risk on the LLM Programme. 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

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] Book Chapter, 2021

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, [Suryapratim Roy] Book Chapter, 2021 URL

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, [Suryapratim Roy] Book Chapter, 2020 URL

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] Book Chapter, 2020 URL

Suryapratim Roy, Urgenda II and its Discontents , Carbon and Climate Law Review , 13, (2), 2019, p130 - 141 Journal Article, 2019 URL

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 Conference Paper, 2019 URL

Suryapratim Roy, Never Any End to an Event: A review essay on Law and Historical Memory, Journal of Comparative Law, 18, (1), 2018, p15 Journal Article, 2018

Suryapratim Roy, Distribution as the Organising Principle of Environmental Regulation, German Law Journal , 19, (3), 2018, p649 - 664 Journal Article, 2018 TARA - Full Text

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 Thesis, 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] Book Chapter, 2017

Suryapratim Roy, Situating Urgenda v. The Netherlands within Comparative Climate Litigation, Journal of Energy and Natural Resources Law, 34, (2), 2016, p165- Journal Article, 2016

Suryapratim Roy/Dimitry Kochenov, The Quality of Nationality in China and India, The Henley-Kochenov Quality of Nationality Index 2016, Henley & Partners, 2016, 7 Report, 2016

Suryapratim Roy, Agency as Responsiveness, European University Institute Department of Law Research Paper No. 2016/04, 2016 Working Paper, 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- Journal Article, 2016

Suryapratim Roy, Urgenda v. The Netherlands: A new climate change constitutionalism?, Nederlands Tijdschrift voor Energierecht, 5, 2015, p75- Journal Article, 2015

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] Book Chapter, 2015

Suryapratim Roy & Giulia Mennillo, Ratings and Regulation: A case of an irreversible marriage? Harvard Weatherhead Center for International Affairs Working Paper, 2014 Working Paper, 2014

Suryapratim Roy, Privileging (some forms of) Interdisciplinarity and Interpretation: Methods in Comparative Law, International Journal of Constitutional Law, 12, (3), 2014, p786 - 807 Journal Article, 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] Book Chapter, 2012

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 Report, 2012

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] Book Chapter, 2010

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 Report, 2010

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 Report, 2010

Suryapratim Roy, The Bengali Press 1800-1850, Journal of the Calcutta Historical Society, 122, 2004, p77 - 89 Journal Article, 2004

Non-Peer-Reviewed Publications

Suryapratim Roy, Negotiating Interdisciplinarity in Environmental Law, Asian Development Bank- United Nations Environment Programme 'Train the Trainers' Workshop, New Delhi, November 2020, 2020 Oral Presentation, 2020 URL

Suryapratim Roy, The Visual Culture of Law, Panel on Invisible Institutionalisms, Law and Society Association Annual Conference, Denver, May 2020, 2020 Oral Presentation, 2020

Suryapratim Roy, Human Rights and Democracy after COVID-19, June 2, 2020, Trinity College Dublin Meetings /Conferences Organised, 2020 URL

Suryapratim Roy, Law and the Non-human, Workshop on Animal Rights, University of Cambridge, March 2020, 2020 Oral Presentation, 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, - Miscellaneous, 2020 URL

Suryapratim Roy & Rahul Sambaraju , Indian citizenship has now been reduced to 'us' versus 'them', The Conversation, 2020, - Miscellaneous, 2020 URL

Suryapratim Roy, I Will Surive, Review of The Wall, by John Lanchester , India Today, 2019 Review, 2019 URL

Suryapratim Roy, What is Residency?, Critical Perspectives in Investment Migration, Geneva, July , 2019 Oral Presentation, 2019

Suryapratim Roy, Is Climate Change an Issue of Human Rights, The Irish Times, October 15, 2019, 2019, - Miscellaneous, 2019 URL

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 Oral Presentation, 2019

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 Review, 2019 URL

Suryapratim Roy, Comparative Climate Litigation and Human Rights, European Society of International Law Climate Change Conference, Dundee, September, 2019, University of Dundee Invited Talk, 2019

Suryapratim Roy, Against Apathy, Review of Ice on Fire, India Today, 2019 Review, 2019

Suryapratim Roy , Behavioural Studies and Legal Theory, Irish Jurisprudence Society , Dubln , December, 2018 Oral Presentation, 2018

Suryapratim Roy, Memory Rule of Law, Legal Governance of Historical Memory in Comparative Perspective, The Hague, The Netherlands, October , 2018, The Asser Institute Invited Talk, 2018

Suryapratim Roy, Locating Agency in Automated Behaviour, 28th Congress of the International Association for the Philosophy of Law, July, 2017 Oral Presentation, 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 Invited Talk, 2016

Suryapratim Roy, Polycentric Governance in the European Union and the Rule of Law, UACES 46th Annual Conference, London, September, 2016 Oral Presentation, 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 Review, 2014

Dimitry Kochenov & Suryapratim Roy, ''Turning EU Citizenship into a viable tool of EU Federalism'', Verfassungsblog, 2013, - Digital research resource production, 2013

Recognition

Representations

Visiting Lecturer, Bocconi University, Milan 2017

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 2019

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) 2020

Irish Association of Law Teachers (IALT) 2020

Academic Association for Contemporary European Studies (UACES) 2015

European Union Studies Association 2016

Society for Environmental Law and Economics (SELE) 2014

Human Development and Capabilities Association 2015

International Society of Public Law

Dutch Energy Law Association 2014

Bar Council of India 2008

Law and Society Association 2017

News and Events


Beyond the People: Social Imaginary and Constituent Imagination - Book Seminar

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 Head of the School of Law; Regius Professor of Laws (a Chair founded in 1668); and a Fellow of Trinity College Dublin. Prior to his 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 has published regularly on Anti-Discrimination Law and Employment Law, particularly in relation to EU Law. He is co-editor of International and European Labour Law: A Commentary (Nomos 2018). Mark is a member of the Board of Directors of the Irish Centre for European Law and the Advisory Board of the Berkeley Center on Comparative Equality and Anti-Discrimination Law. In 2015, he was a Senior Expert on Disability for the European Commission's Network of Legal Experts in Gender Equality and Non-Discrimination. Since 2010, he worked with the International Labour Organisation on several projects, and played a key role in producing a 2016 guide for employers on promoting diversity through workplace adjustments.

See further: https://www.researchgate.net/profile/Mark_Bell21

Publications and Further Research Outputs

Peer-Reviewed Publications

Mark Bell , People with intellectual disabilities and labour market inclusion: What role for EU labour law?, European Labour Law Journal, 11, 2020, p3-25 Journal Article, 2020 TARA - Full Text

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 Journal Article, 2020 URL

Mark Bell , Fratelli Tutti: Pope Francis' Encyclical and Implications for Labour Law , 2020, - Miscellaneous, 2020 URL

Mark Bell , Bridging a Divide: A Faith-Based Perspective on Anti-Discrimination Law, Oxford Journal of Law and Religion, 9, 2020, p56 - 78 Journal Article, 2020

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 ] Book Chapter, 2019 TARA - Full Text

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] Book Chapter, 2019

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 Journal Article, 2019 TARA - Full Text

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 Journal Article, 2018 TARA - Full Text

Mark Bell , Pitfalls and Progress: Reasonable Accommodation for Workers with Disabilities in Ireland, Dublin University Law Journal, 41, (1), 2018, p77 - 100 Journal Article, 2018

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 Journal Article, 2018

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 Journal Article, 2017 URL

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] Book Chapter, 2016 TARA - Full Text

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 Report, 2016 TARA - Full Text URL

Mark Bell , Disability, rehabilitation and the status of worker in EU Law: Fenoll, Common Market Law Review, 53, (1), 2016, p197 - 208 Journal Article, 2016

Mark Bell , Mental Health, Law and Creating Inclusive Workplaces, Current Legal Problems , 69, 2016, p1 - 34 Journal Article, 2016 TARA - Full Text

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 Journal Article, 2015

Mark Bell , Mental Health at Work and the Duty to Make Reasonable Adjustments, Industrial Law Journal, 44, 2015, p194 - 221 Journal Article, 2015 URL

Constitutionalization and EU Employment Law in, editor(s)H Micklitz , The Constitutionalization of European Private Law, Oxford, OUP, 2014, pp137 - 169, [Mark Bell ] Book Chapter, 2014 TARA - Full Text URL

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 ] Book Chapter, 2014 TARA - Full Text

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 ] Book Chapter, 2013 URL

Mark Bell , Between Flexicurity and Fundamental Social Rights: The EU Directives on Atypical Work, European Law Review, 37, 2012, p31 - 48 Journal Article, 2012

Mark Bell , Gender Identity and Sexual Orientation: Alternative Pathways in EU Equality Law, American Journal of Comparative Law , 60, 2012, p127 - 146 Journal Article, 2012

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 Journal Article, 2011

Mark Bell, Achieving the objectives of the Part-Time Work Directive? Revisiting the Part-Time Workers Regulations, Industrial Law Journal, 40, 2011, p254 - 279 Journal Article, 2011

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 ] Book Chapter, 2011 URL TARA - Full Text

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 ] Book Chapter, 2011 TARA - Full Text

Mark Bell , Judicial enforcement of the duties on public authorities to promote equality, Public Law, 2010, p672 - 687 Journal Article, 2010

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 Journal Article, 2009

Mark Bell, Racism and Equality in the European Union, Oxford, Oxford University Press, 2008, 1 - 227pp Book, 2008

Mark Bell , The implementation of European anti-discrimination Directives: converging towards a common model?, The Political Quarterly, 79, 2008, p36 - 44 Journal Article, 2008

Mark Bell , Civic citizenship and migrant integration', European Public Law, 13, 2007, p311 - 334 Journal Article, 2007

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 Book, 2007 URL

Mark Bell , Employment law consequences of the Civil Partnership Act 2004', Industrial Law Journal, 35, 2006, p179 - 185 Journal Article, 2006

Mark Bell , A hazy concept of equality, Feminist Legal Studies , 12, 2004, p223 - 231 Journal Article, 2004

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 Journal Article, 2004

Mark Bell , Equality and the European Union Constitution', Industrial Law Journal, 33, 2004, p242 - 260 Journal Article, 2004

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 Journal Article, 2004

Mark Bell , A patchwork of protection: the new anti-discrimination law framework', Modern Law Review, 67, 2004, p465 - 477 Journal Article, 2004

Peter Cumper and Mark Bell, Reforming Section 28: Lessons for Westminster from Holyrood, European Human Rights Law Review, (4), 2003, p400 - 409 Journal Article, 2003

Mark Bell and Lisa Waddington, Reflecting on inequalities in European equality law', European Law Review, 28, 2003, p349 - 369 Journal Article, 2003

Mark Bell and Peter Cumper, Section 28 after the Human Rights Act, Journal of Social Welfare and Family Law, 25, 2003, p215 - 228 Journal Article, 2003

Mark Bell , Anti-Discrimination Law and the European Union, Oxford, Oxford University Press, 2002, 1 - 269pp Book, 2002 URL

Non-Peer-Reviewed Publications

Mark Bell , Definition of Key Concepts in EU Anti-Discrimination Law, Applying EU Anti-Discrimination Law, Webinar, 28 September, 2020, Academy of European Law Invited Talk, 2020

Mark Bell, Definition of Key Concepts in EU Anti-Discrimination Law, Applying EU Anti-Discrimination Law, Webinar, 29 June, 2020, Academy of European Law Invited Talk, 2020

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 Invited Talk, 2020

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 Invited Talk, 2020

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 Conference Paper, 2019

Mark Bell , EU Anti-Discrimination Law: Navigating Sameness and Difference, Employment Law in a Time of Uncertainty, University College Dublin, 6 December, 2019 Conference Paper, 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 Conference Paper, 2019

Mark Bell, Regulating the Future of Human Work: A Christian Ethics Perspective, 4 October, 2019, Trinity College Dublin Meetings /Conferences Organised, 2019

Mark Bell , Using Law to Foster Labour Market Inclusion for People with Intellectual Disabilities, Research Seminar, National University of Ireland Galway, 1 April, 2019 Invited Talk, 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 Conference Paper, 2019

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 Conference Paper, 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 Conference Paper, 2019

Mark Bell , The Future of EU Labour Law: Insights from Christian Ethics, Studies - an Irish Quarterly Review, 108, (432), 2019, p458 - 468 Journal Article, 2019 TARA - Full Text

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 Conference Paper, 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] Book Chapter, 2018

Mark Bell, Reflecting on the Effectiveness of EU Anti-Discrimination Law, University of Luxembourg, 13 July, 2018 Invited Talk, 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 Book, 2018

Mark Bell , Workers on the Margins: People with Intellectual Disabilities and Labour Law, Industrial Relations in Europe 2018, KU Leuven, 12 September, 2018 Conference Paper, 2018

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 Invited Talk, 2018

Mark Bell , EU Employment Law: Dead End, U-Turn, or New Road Ahead?, University of Leicester, 4 February 2017 , 2017 Invited Talk, 2017

Mark Bell, Freedom of Religion and the Right to Non-Discrimination, Human Rights and Religions Summer School, Trinity College Dublin, 21 June 2017, 2017 Oral Presentation, 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 Conference Paper, 2017

Mark Bell , Religion, Reasonable Accommodation and the Hesitancy of European Courts, Faculty Colloquium, Boston, USA, 27 October, 2017, Boston College Law School Invited Talk, 2017

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 Invited Talk, 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 Oral Presentation, 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 Invited Talk, 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 Conference Paper, 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 Conference Paper, 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 Meetings /Conferences Organised, 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 Conference Paper, 2017

Mark Bell, Data Collection in Relation to LGBTI People, Brussels, Publications Office of the European Union, 2017, p1 - 22 Report, 2017

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 Conference Paper, 2016

Mark Bell , Mental Health, Law and Creating Inclusive Workplaces, Berkeley Comparative Anti-Discrimination Law Study Group, Online Seminar, 9 March 2016, 2016 Conference Paper, 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 Conference Paper, 2016 URL

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 Conference Paper, 2016

Mark Bell, The Right to Non-Discrimination and European Law, Universita degli Studi di Genova, 8 November 2016, 2016 Invited Talk, 2016

Mark Bell , Mental Health and Employment in Ireland: Is Equality Law the Solution?, Inaugural Lecture, Trinity College Dublin, 26 January, 2016 Invited Talk, 2016 URL

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] Item in dictionary or encyclopaedia, etc, 2016

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 Invited Talk, 2016 URL

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 Conference Paper, 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 Invited Talk, 2015

Mark Bell , EU Equality Law and Precarious Work, EU Anti-Discrimination Law: 15 Years After, Vrije Universiteit Amsterdam, 18 September 2015, 2015 Conference Paper, 2015

Mark Bell , Mental Health, Law and Creating Inclusive Workplaces, Current Legal Problems, University College London, 19 November 2015, 2015, University College London Invited Talk, 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 Conference Paper, 2015

Mark Bell, An Update on the Working Time Directive, ICEL Employment Law Conference, Dublin, 11 December 2015, 2015 Conference Paper, 2015

Mark Bell, Mental Health and the Duty to Make Reasonable Adjustments, Challenges for Labour Law, London, 9 May 2014, 2014, Kingston University Invited Talk, 2014

Mark Bell, In Sickness and in Health? Illness and EU Employment Law, UACES 44th Annual Conference, Cork, 1-3 September 2014, 2014, pp24 Conference Paper, 2014

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 Invited Talk, 2014

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 Invited Talk, 2014

Mark Bell, Ageing Gracefully? The evolution of EU law on age discrimination, Research Seminar, Brighton, 27 March 2013, 2013, University of Sussex Invited Talk, 2013

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 Invited Talk, 2013

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 Invited Talk, 2013

Mark Bell , Can we rely on Europe? Is Europe the answer?, Equality 2015 - Setting the Agenda, London, 21 October 2013, 2013, Discrimination Law Association Invited Talk, 2013

Research Expertise

Description

Mark's research interests lie in the areas of equality, work and migration. He has published extensively on EU equality law, but also on aspects of EU employment law (especially law and precarious work). His research interests include comparative equality and employment law issues. He has previously published research relating to migration law, such as the position of irregular migrants in the labour market. Mark welcomes inquiries from potential research students in the areas of equality law and employment 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

Keywords

Employment and Labour Law; employment equality law; Equality law; eu employment law; eu equality law; labour migration; precarious work

Recognition

Awards and Honours

European University Institute Law Prize for doctoral thesis 1999/2000

Jean Monnet Fellowship, Robert Schuman Centre for Advanced Studies, European University Institute 2004

Memberships

Employment Law Association of Ireland 2015

Society of Legal Scholars 2005

Discrimination Law Association

Irish Association of Law Teachers 2018

Hilary Biehler


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., Equity and the Law of Trusts in Ireland, 7th, Dublin, Thomson Reuters, 2020, 1 - 1080pp Book, 2020

Biehler, H., Procedural Fairness and a Two Stage Process - Why There Can Be No 'Bright Line Rule', Irish Jurist, 63, 2020, p28 - 47 Journal Article, 2020

Biehler, H., The Right to Representation as an Aspect of Procedural Fairness, Irish Law Times, 38, (13), 2020, p5 - 12 Journal Article, 2020

Biehler, H., The Rationale for the Duty to Provide Reasons for Administrative Decisions, Irish Jurist, 61, 2019, p148 - 158 Journal Article, 2019

Biehler, H., Undue Influence and Third Parties - An Update on the Position in Ireland, Irish Law Times, 37, (13), 2019, p186 - 193 Journal Article, 2019

Biehler, H., The Criteria for Appeals to the Supreme Court, Irish Law Times, 37, (1), 2019, p7 - 13 Journal Article, 2019

Biehler, H., Security for Costs and Corporate Plaintiffs - Recent Developments, Irish Law Times, 37, (7), 2019, p98 - 103 Journal Article, 2019

Biehler, H., Maintenance and Champerty and Access to Justice - the Saga Continues, Irish Jurist, 59, 2018, p130 - 145 Journal Article, 2018

Biehler, H., McGrath D., Egan McGrath E., Delany and McGrath on Civil Procedure, 4th, Dublin, Thomson Reuters Round Hall, 2018, 1 - 1437pp Book, 2018

Biehler, H., Time Limits in Judicial Review Proceedings, Irish Law Times, 36, (1), 2018, p7 - 14 Journal Article, 2018

Biehler, H., The Scope of Common Intention Constructive Trusts: Where to Draw the Line?, Trust Law International, 32, (2), 2018, p63 - 72 Journal Article, 2018

Biehler, H., Upholding Standards in Public Decision-Making: Getting the Balance Right, Irish Jurist, 57, 2017, p94 - 118 Journal Article, 2017

Biehler, H., Normal and Leapfrog Appeals to the Supreme Court, Irish Law Times, 35, (1), 2017, p5 - 10 Journal Article, 2017

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 Journal Article, 2017

Biehler, H., Third Party Funders - Costs and Discloure Orders, Irish Law Times, 34, (1), 2016, p7 - 13 Journal Article, 2016

Biehler, Hilary, Equity and the Law of Trusts in Ireland, 6th, Dublin, Round Hall Thomson Reuters, 2016, 1 - 972pp Book, 2016

Biehler, H., DIsmissal of Proceedings on Grounds of Delay, Irish Jurist, 55, 2016, p175 - 188 Journal Article, 2016

Biehler, H., The Statement of Grounds in Judicial Review Proceedings: Recent Developments, Irish Law Times, 34, (13), 2016, p187 - 193 Journal Article, 2016

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 Journal Article, 2015

Biehler, H., Remedies in Cases of Proprietary Estoppel: Towards a More Principled Approach? , Irish Jurist, 54, 2015, p79 - 95 Journal Article, 2015

Biehler, H., Trusts for the Relief of Poverty and the Public Benefit: Time for a Reappraisal, Trust Law International, 28, (3), 2014, p145 - 156 Journal Article, 2014

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 Journal Article, 2014

Biehler, H. and Donnelly, C., Proportionality in the Irish Courts: the Need for Guidance, European Human Rights Law Review, (3), 2014, p272 - 283 Journal Article, 2014

Biehler, H., Judicial Review of Administrative Action: A Comparative Analysis, 3rd, Dublin, Round Hall Thomson Reuters, 2013, 1 - 540pp Book, 2013

Biehler, H., Curial Deference in the Context of Judicial Review of Administrative Action Post - Meadows, Irish Jurist, 49, 2013, p29 - 48 Journal Article, 2013

Biehler, H., Legitimate Expectation - An Odyssey, Irish Jurist, 50, 2013, p40 - 69 Journal Article, 2013

Biehler, H., Joining a Defendant - Time Bar Issues, Irish Law Times, 30, 2012, p227 - 231 Journal Article, 2012

Delany, H. and McGrath, D., Civil Procedure in the Superior Courts, 3rd edition, Dublin, Thomson Reuters (Professional) Ltd, 2012, cxxxii + 1196pp Book, 2012

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 Journal Article, 2012

Biehler, H., "Security for Costs: A Reappraisal of Established Principles, Dublin University Law Journal, 35, 2012, p173 - 198 Journal Article, 2012

Delany, H and Donnelly, C, The Irish Supreme Court inches towards proportionality review, Public Law, P.L. 2011, 2011, p9 - 19 Journal Article, 2011

Delany, H, The Law Relating to Charitable Trusts: Judicial Guidance and Statutory Intervention, Dublin University Law Journal, 33, 2011, p196 - 219 Journal Article, 2011

Delany, H., Equity and the Law of Trusts in Ireland, 5th, Dublin, Thomson Reuters (Professional) Ireland Ltd, 2011, 1 - 890pp Book, 2011

Delany, H, Dismissal for want of prosecution - has the test changed?, Irish Law Times, 28, 2010, p5 - 9 Journal Article, 2010

Delany, H and Egan McGrath, E, The Discovery Rules - Judicial Proactivity and SI 2009/93, Irish Law Times, 28, 2010, p42 - 47 Journal Article, 2010

Delany, H, The test for the grant of mandatory interlocutory injunctions, Irish Law Times, 28, 2010, p217 - 220 Journal Article, 2010

Delany, H., The relevance of the availability of an alternative remedy in judicial review proceedings, Irish Law Times, 27, 2009, p10 - 13 Journal Article, 2009

Delany, H., Trustee Exemption Clauses - Proposals for Regulation, Trust Law International, 23, (2), 2009, p91 - 102 Journal Article, 2009

Delany, H, Is there a future for proprietary estoppel as we know it?, Dublin University Law Journal, 31, 2009, p440 - 457 Journal Article, 2009

Delany, H, Judicial Review of Administrative Action: A Comparative Analysis, 2nd, Dublin, Thomson Round Hall, 2009, 1 - 489pp Book, 2009

Delany, H., Recent Developments in Administrative Law in Canada, Dublin University Law Journal, 30, 2008, p100 - 119 Journal Article, 2008

Hilary Delany and Eoin Carolan, The Right to Privacy, Dublin, Thomson Round Hall, 2008, 1 - 352pp Book, 2008

Delany, H. and Ryan, D., Unconscionability: A Unifying Theme in Equity?, The Conveyancer and Property Lawyer, 72, (5), 2008, p401 - 436 Journal Article, 2008

Delany, H, "Substantial Grounds" and "Substantial Interest" - A Restrictive Interpretation, Irish Law Times, 26, 2008, p246 - 253 Journal Article, 2008

Delany, H and Murphy, C., Towards common principles relating to the protection of privacy rights?, European Human Rights Law Review, (5), 2007, p568 - 582 Journal Article, 2007

Delany, H., The costs of interlocutory and leave applications, Irish Law Times, 25, 2007, p271 - 277 Journal Article, 2007

Delany, H., Equity and the Law of Trusts in Ireland, 4th ed.,, Dublin, Thomson Round Hall, 2007, cviii, 828pp Book, 2007

Delany, H., Joining co-defendants and amici curiae, Irish Law Times, 25, 2007, p237 - 241 Journal Article, 2007

Delany, H, Legitimate expectations and substantive effect, Dublin University Law Journal, 29, 2007, p413 - 426 Journal Article, 2007

Delany, H., Employment Injunctions: the role of mutual trust and confidence, Dublin University Law Journal, 28, 2006, p363 - 379 Journal Article, 2006

Delany, H., Mareva Injunctions - recent developments, Irish Law Times, 24, 2006, p9 - 16 Journal Article, 2006

Delany H., Security for the costs of discovery, Journal of Civil Practice and Procedure, 1, (1), 2005, p3 - 7 Journal Article, 2005

Delany, H., McGrath D., Civil Procedure in the Superior Courts , 2nd edition, Dublin, Thomson Round Hall, 2005, cxxxi + 890 pp Book, 2005

Delany, H., The requirement to act promptly in judicial review proceedings, Irish Law Times, 23, 2005, p230 - 235 Journal Article, 2005

Hilary Delany, Prior restraint orders and freedom of expression - towards a unified approach, Irish Jurist , 40, 2005, p138 - 159 Journal Article, 2005

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] Book Chapter, 2005

Equity in, editor(s)Binchy W., Byrne R. , Annual Review of Irish law 2004, Dublin, Thomson Round Hall, 2005, pp265 - 272, [Delany, H] Book Chapter, 2005

Delany, H., Breach of confidence or breach of privacy: the way forward, Dublin University Law Journal, 27, 2005, p151 - 168 Journal Article, 2005

Delany H., The obligation on the courts to deal with cases within a "reasonable time, Irish Law Times, 22, 2004, p249 - 254 Journal Article, 2004

Delany H., The amended discovery rules -clarification of the extent of the changes, Irish Law Times, 22, 2004, p12 - 16 Journal Article, 2004

Delany H., The constitutionality of limitation periods without savers, Irish Law Times, 22, 2004, p262 - 266 Journal Article, 2004

Delany H., Satisfying the equity in cases of proprietary estoppel, Dublin University Law Journal, 25, 2003, p217 - 229 Journal Article, 2003

Delany H., Extension of time limits in judicial review proceedings, Irish Law Times, 21, 2003, p156 - 160 Journal Article, 2003

Delany H., Equity, Annual Review of Irish Law, 2003 Journal Article, 2003

Delany H., Constitutional law - Interference by the legislature in the judicial domain' , Irish Law Times, 21, 2003, p272 - 276 Journal Article, 2003

Delany H., Equity and the Law of Trusts in Ireland, 3rd ed., Thomson Round Hall, 2003, ci +740pp Book, 2003

Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 2003 Journal Article, 2003

Delany H., Applications to set aside orders granting leave in judicial review proceedings, Irish Law Times, 20, 2002, p269 - 272 Journal Article, 2002

Delany H., McGrath D., Civil Procedure in the Superior Courts, Round Hall Sweet and Maxwell, 2002, cxiii + 722pp Book, 2002

Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 2002 Journal Article, 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 Journal Article, 2002

Delany H., Equity, Annual Review of Irish Law, 2002 Journal Article, 2002

Delany H., Regulation of the Supreme Court's appellate jurisdiction must be clear and unambiguous, Irish Law Times, 20, 2002, p73 - 78 Journal Article, 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 Journal Article, 2002

Delany H., Equity and the Law of Trusts in Ireland: Cases and Materials, Round Hall Sweet and Maxwell, 2002, lx +1093pp Book, 2002

Delany H., Judicial Review of Administrative Action: A Comparative Analysis, Round Hall Ltd, 2001, xl + 281pp Book, 2001

Delany H., Setting aside final orders, Dublin University Law Journal, 23, 2001, p1 - 20 Journal Article, 2001

Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 2001 Journal Article, 2001

Delany H., Equity, Annual Review of Irish Law, 2001 Journal Article, 2001

Delany, H., Discovery - How strictly is the new Order 31, rule 12 being interpreted?, Irish Law Times, 19, 2001, p57 - 60 Journal Article, 2001

Delany H., Judicial review proceedings: Discretionary factors and the effect of delay, Dublin University Law Journal, 22, 2000, p236 - 254 Journal Article, 2000

Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 2000 Journal Article, 2000

Delany H., Equity, Annual Review of Irish Law, 2000 Journal Article, 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 Journal Article, 2000

Delany H., Security for costs in relation to corporate plaintiffs, Irish Law Times, 18, 2000, p58 - 61 Journal Article, 2000

Delany H., Equity, Annual Review of Irish Law, 1999 Journal Article, 1999

Delany H., Recent developments in relation to the Nemo Iudex in Causa Sua principle, Dublin University Law Journal, 21, 1999, p66 - 89 Journal Article, 1999

Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 1999 Journal Article, 1999

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 Journal Article, 1999

Delany H., The Courts Acts 1924-1997, 2nd ed., Round Hall Sweet and Maxwell, 1999, lxxi + 538pp Book, 1999

Delany H., Recent developments in relation to discovery, Irish Law Times, 17, 1999, p203 - 206 Journal Article, 1999

Delany H., Equity and the Law of Trusts in Ireland, 2nd ed., Round Hall Sweet and Maxwell, 1999, xci + 706pp Book, 1999

Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 1998 Journal Article, 1998

Delany H., Equity, Annual Review of Irish Law, 1998 Journal Article, 1998

Delany H., Significant themes in judicial review of administrative action, Dublin University Law Journal, 20, 1998, p73 - 100 Journal Article, 1998

Delany H., Equity, Annual Review of Irish Law, 1997 Journal Article, 1997

Delany H., The future of the doctrine of legitimate expectations in Irish administrative law, Irish Jurist, 32, 1997, p217 - 242 Journal Article, 1997

Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 1997 Journal Article, 1997

Delany H., Equity, Annual Review of Irish Law, 1996 Journal Article, 1996

Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 1996 Journal Article, 1996

Delany H., Equity, Annual Review of Irish Law, 1995 Journal Article, 1995

Delany H., Equity and the Law of Trusts in Ireland, Round Hall Sweet and Maxwell, 1995, 577pp Book, 1995

Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 1995 Journal Article, 1995

Delany H., Equity, Annual Review of Irish Law, 1994 Journal Article, 1994

Delany H., The Courts Acts 1924-1991, Round Hall Sweet and Maxwell, 1994, xliv + 339pp Book, 1994

Delany H., Charitable status and cy-pres jurisdiction, Northern Ireland Legal Quarterly, 45, 1994, p364 - 377 Journal Article, 1994

Delany H., Hogan G., Anglo-Irish extradition as viewed from an Irish perspective, Public Law, 1993, p93 - 120 Journal Article, 1993

Delany H., Interlocutory injunctions - Adequacy of damages and other factors, Dublin University Law Journal, 15, 1993, p228 - 242 Journal Article, 1993

Delany H., Legal representation in administrative proceedings: a matter of right or discretion?, Dublin University Law Journal, 14, 1992, p88 - 100 Journal Article, 1992

Delany H., The doctrine of legitimate expectation in Irish law, Dublin University Law Journal, 12, 1990, p1 - 25 Journal Article, 1990

Delany H., Employment Law - Natural justice and the officeholder / employee distinction, Dublin University Law Journal, 10, 1990, p164 - 174 Journal Article, 1990

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.] Book Chapter, 2014

Delany H., Amendments to a statement of grounds in judicial review proceedings, Practice and Procedure, 3, 2001, p2 - 5 Journal Article, 2001

Delany H., Dismissal for want of prosecution or on grounds of inordinate and inexcusable delay, Practice and Procedure, 2, 2000, p2 - 7 Journal Article, 2000

Delany H., Security for costs and plaintiffs resident outside the jurisdiction, Irish Law Times, 14, 1996, p119 - 122 Journal Article, 1996

Delany H., Dismissal for want of prosecution, Irish Law Times, 14, 1996, p240 - 243 Journal Article, 1996

Delany H., The duty to give reasons in administrative decision-making, Irish Law Times, 12, 1994, p145 - 148 Journal Article, 1994

Delany H., The doctrine of legitimate expectations: Recent developments, Irish Law Times, 11, 1993, p192 - 195 Journal Article, 1993

Delany H., The scope of judicial review - a question of the source or nature of powers, Irish Law Times, 11, 1993, p12 - 16 Journal Article, 1993

Delany H., Statutory interpretation - can legislation have retrospective effect?, Irish Law Times, 10, 1992, p133 - 137 Journal Article, 1992

Delany H., Recent developments in locus standi in Irish constitutional law, Irish Law Times, 8, 1990, p147 - 151 Journal Article, 1990

Research Expertise

Description

Equity and the Law of Trusts, Administrative Law, particularly Judicial Review of Administrative Action, and Civil Procedure

Recognition

Representations

Commissioner, The Law Reform Commission April 1997 to May 2005

Awards and Honours

Fellow of Trinity College, Dublin 1998

Patricia Brazil


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

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] Book Chapter, 2019

Brazil, Patricia, Irish Supreme Court Review, 1, Dublin, Clarus Press, 2019, 1 - 241pp Book, 2019

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] Book Chapter, 2019

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] Book Chapter, 2019

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 Journal Article, 2018

Brazil, Patricia, The Citizens Directive in Irish Law - A Cautionary Tale, IJEL, 19, (1), 2016, p11 - 26 Journal Article, 2016

Brazil, Patricia, Recent developments concerning transfer of child care proceedings under Brussels II Revised, The Irish Jurist, 51, 2014, p181 - 189 Journal Article, 2014

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- Journal Article, 2011

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 Review, 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] Book Chapter, 2009

Patricia Brazil, "Recent issues in Refugee Family Reunification under Irish Law", Dublin University Law Journal, 2009, (1), 2009, p412 - 420 Journal Article, 2009

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] Book Chapter, 2008

Patricia Brazil, Review of Criminal Procedure, by Dermot Walsh , Dublin University Law Journal, 25, 2003 Review, 2003

Non-Peer-Reviewed Publications

William Binchy and Raymond Byrne, Asylum and Immigration Law, Annual Review of Irish Law 2015, 2016, p14 - 60 Journal Article, 2016

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] Book Chapter, 2014

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] Book Chapter, 2013

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 ] Book Chapter, 2012

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] Book Chapter, 2011

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] Book Chapter, 2010

"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] Book Chapter, 2009

Asylum and Immigration Law in, editor(s)Byrne & Binchy , Annual Review of Irish Law 2006, Ireland, Round Hall , 2007, pp7 - 76, [Brazil & Egan] Book Chapter, 2007

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] Book Chapter, 2006

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] Book Chapter, 2005

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 Conference Paper,

Patricia Brazil, Law Reform Commission Consultation Paper on Judicial Review Procedure, Dublin, Law Reform Commission, 2003 Report,

Patricia Brazil, Law Reform Commission Consultation Paper on Trust Law: General Proposals, Dublin, Law Reform Commission, 2005 Report,

Patricia Brazil, Recent Developments in Asylum and Immigration Judicial Review, Conference on Recent Developments in Judicial Review, Trinity College Dublin, 10 February 2012 Conference Paper,

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 Conference Paper,

Patricia Brazil, Law Reform Commission Consultation Paper on the Court Poor Box, Dublin, Law Reform Commission, 2004 Report,

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 Conference Paper,

Brazil. Patricia, The Rights of Irish Children Born to Non-National Parents, The Constitution at 70, Trinity College Dublin, 8-9 June 2009 Conference Paper,

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 Conference Paper,

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 Conference Paper,

Patricia Brazil, Trafficking and Refugee Law in Ireland", , Irish Refugee Law Masterclass, Dublin, 9 February 2012 Conference Paper,

Patricia Brazil, Applications for asylum by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, Refugee and Immigration Practitioners Network, Dublin, 25 January 2011 Conference Paper,

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 Conference Paper,

Research Expertise

Description

Family Law, Refugee & Immigration Law, Child Law

Projects

  • 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

Keywords

Family law; Human rights; Refugee and Immigration Law

Recognition

Representations

Legal Expert Member of ELENA [European legal network on asylum] 2007

Member of ChildWatch International Research Project 2006

National Contributor to University of Michigan Refugee Law project 2007

Awards and Honours

Scholar, Trinity College Dublin 1999

Visiting Professor, University of San Francisco August-Oct 2006

Memberships

Vice-Chairperson Irish Penal Reform Trust 2005 – 2007

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

Lord Woolf, Jeffrey Jowell, Catherine Donnelly, Ivan Hare, De Smith's Judicial Review, 8th, London, Sweet and Maxwell, 2018, 1-1168pp Book, 2018

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] Book Chapter, 2017

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 Book, 2016

Catherine Donnelly, Participation and Expertise: Judicial Attitudes in Comparative Perspective, Comparative Public Law, Yale Law School, 29 April , 2016, Yale Law School Invited Talk, 2016

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 Book, 2015

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] Book Chapter, 2014

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 Book, 2014

Hilary Biehler and Catherine Donnelly, Proportionality in the Irish courts: the need for guidance, European Human Rights Law Review, 2014, (3), 2014, p272 - 283 Journal Article, 2014

Lord Woolf, Jeffrey Jowell, Andrew Le Sueur, Catherine Donnelly, Ivan Hare, De Smith's Judicial Review, 7th , London, Thomson, 2013, 1 - 1183pp Book, 2013

Catherine Donnelly, Are Preliminary Rulings Working?, Bar European Group, Lisbon, 6 May 2012, 2012 Conference Paper, 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] Book Chapter, 2012

Catherine Donnelly, Privatization and Welfare: A Comparative Perspective, Law and Ethics of Human Rights, 5, (2), 2011 Journal Article, 2011

Catherine Donnelly, The 2010 Remedies Regulations: Automatic Suspension, Time Limits and Standing, A Review of Public Procurement in Ireland 2011, 2011 Conference Paper, 2011

Catherine Donnelly, Convergences and Divergences in Educating Transnational Lawyers?, American Bar Association: International Law Section, Dublin, 12 October 2011, American Bar Association, 2011 Conference Paper, 2011

Catherine Donnelly and Hilary Delany, "The Irish Supreme Court Inches Towards Proportionality Review", Public Law, 2011, 2011, p9 - 19 Journal Article, 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 Conference Paper, 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] Book Chapter, 2011

Donnelly, Catherine, European Union Law Update - 2008, Irish Year Book of International Law, 2011 Journal Article, 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] Book Chapter, 2011

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] Book Chapter, 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] Book Chapter, 2010

Catherine Donnelly, "Automatic Suspension, Time Limits and Standing", The New Public Procurement Remedies Regulations, Dublin, 29 June 2010, 2010 Conference Paper, 2010

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] Book Chapter, 2010

Catherine Donnelly, Ineffectiveness, Relationships and Costs, Dublin, 24 June 2010, 2010 Conference Paper, 2010

Catherine Donnelly, Positive Obligations and Privatization, Northern Ireland Legal Quarterly, 61, (3), 2010, p209 - 223 Journal Article, 2010

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] Book Chapter, 2010

'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] Book Chapter, 2009

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 Book, 2009

Donnelly, Catherine, Remedies in Public Procurement Law in Ireland, Public Procurement Law Review, 1, 2009, p18 - 41 Journal Article, 2009

Catherine Donnelly, Administrative Law and Multi-Level Administration: An EU and US Comparison, Cambridge Yearbook of European Legal Studies, 11, 2009, p211 - 246 Journal Article, 2009

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] Book Chapter, 2009

Donnelly, Catherine, European Union Law Update - 2007, Irish Yearbook of International Law, 2, 2008, p133- Journal Article, 2008

Catherine Donnelly, Delegation of Governmental Power to Private Parties: A Comparative Perspective, Oxford, Oxford University Press, 2007 Book, 2007

'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] Book Chapter, 2007

'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] Book Chapter, 2007

Lord Woolf, Jeffrey Jowell, Andrew le Sueur, Catherine Donnelly, De Smith's Judicial Review, 6th edn, London, Sweet and Maxwell, 2007 Book, 2007

'Habeas Corpus' in, editor(s)B Lang , Administrative Court: Practice and Procedure , London, Sweet and Maxwell , 2006, [Catherine Donnelly] Book Chapter, 2006

'Elections' in, editor(s)B Lang , Administrative Court: Practice and Procedure , London, Sweet and Maxwell, 2006, [Catherine Donnelly] Book Chapter, 2006

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 Journal Article, 2005

Non-Peer-Reviewed Publications

Catherine Donnelly, Transparency in Procurement: Where are the Limits?, Public Procurement Law Conference, 3 June , 2016, Irish Centre for European Law Invited Talk, 2016

Catherine Donnelly, The Cross-Over between Procurement and Competition Law, Public Procurement Law Conference, 12 June , 2015 Invited Talk, 2015

Catherine Donnelly, The Reach of Public Procurement Law: Current Issues, 30 April, 2015, Irish Society for European Law Invited Talk, 2015

Catherine Donnelly, The New Procurement Directives and Procurement Litigation, 14 May, 2014, CMG Professional Training Invited Talk, 2014

Brian Kennelly and Catherine Donnelly, Interim Relief, Damages and Expert Evidence in Public Procurement, Blackstone Chambers Procurement Law Seminar, London, 3 July, 2013 Invited Talk, 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 Invited Talk, 2013

Catherine Donnelly, The Unfulfilled Promise of Zambrano, Understanding EU Citizens' Rights, 24 October, 2013 Invited Talk, 2013

Catherine Donnelly, Automatic Suspension and Interlocutory Relief, Public Procurement Litigation, Trinity College Dublin, 1 March 2012, 2012 Conference Paper, 2012

Donnelly, Catherine, Postive Obligations and Privatization, Queen's University Law School Annual Workshop, Belfast, 24 March 2010, 2010, Queen's University Invited Talk, 2010

Donnelly, Catherine, The NIO Bill of Rights Consultation Paper: A Public Law Analysis, NICEM Annual Conference, Belfast, 12 February, 2010, NICEM Invited Talk, 2010

Donnelly, Catherine, Reasons in Administrative Law, Presentation to the Upper Tribunal of Administrative Judges, London, 3 March, 2010, Upper Tribunal of Administrative Judges Invited Talk, 2010

Fairgrieve D(ed.), Remedies in Public Procurement Law in Ireland, British Institute of International and Comparative Law, 2010 Proceedings of a Conference, 2010

Donnelly, Catherine, Pursuing Secondary Policies in EC Public Procurement Law, School of Law, Trinity College Dublin, 16 February 2009, 2009, School of Law, TCD Invited Talk, 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 Invited Talk, 2009

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 Invited Talk, 2009

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 Invited Talk, 2009

Donnelly, Catherine and Tom de la Mare, Article 234 in Social and Political Context, European University Institute, Florence, 19 April 2009, 2009, EUI, Florence Invited Talk, 2009

Donnelly, Catherine, Problems of Legitimacy in Contracting Out and Privatization, Sorbonne, Paris, 24 October 2009, 2009 Invited Talk, 2009

Donnelly, Catherine, Grounds for Judicial Review: New Developments, Judicial Review; Recent Developments, Trinity College Dublin, 27 June 2009, 2009, School of Law, TCD Invited Talk, 2009 TARA - Full Text

Catherine Donnelly, 'Preamble, Enforcement and Implementation', Getting the Bill Right - An Update, Belfast, 2-3 July 2008, , 2008 Conference Paper, 2008

Catherine Donnelly and Aideen Gilmore, Final Report of the Preamble, Enforcement and Implementation Working Group, Northern Ireland Bill of Rights Forum, Belfast, March, 2008 Report, 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] Book Chapter, 2008

Catherine Donnelly, 'Remedies in Public Procurement', State Aid and Public Procurement Update, Dublin, 29 May 2008, 2008 Conference Paper, 2008

Donnelly, Catherine, Institutional Reform: With and Without Lisbon, Irish Centre for European Law (ICEL) Conference, Dublin, 23 October 2008, 2008, ICEL Invited Talk, 2008

Catherine Donnelly, Chapters 3 and 6, and Appendix 2, Northern Ireland Bill of Rights Forum Report, Belfast, March , 2008, Report, 2008 URL

Catherine Donnelly, 'A British Bill of Rights and Devolution in Northern Ireland', 'A British Bill of Rights and Devolution', London, 11 July , 2008, JUSTICE Invited Talk, 2008

Donnelly, Catherine, Enforcing a Bill of Rights for Northern Ireland, Committee for the Administration of Justice Seminar, 30 September 2008, 2008 Invited Talk, 2008

Foreword in, editor(s)P Downes , Not One Victim More - Human Trafficking in the Baltic States, Estonia, 2008, [Catherine Donnelly] Book Chapter, 2008

Catherine Donnelly, 'The Human Rights Council', Annual Department of Foreign Affairs NGO Human Rights Forum, Dublin, 19 June , 2007, Department of Foreign Affairs Invited Talk, 2007

Catherine Donnelly, 'Secondary Policies and Public Procurement', Secondary Policies and Public Procurement, Dublin, 29 October , 2007, Irish Society for European Law Invited Talk, 2007

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 Conference Paper, 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 Conference Paper, 2007

Catherine Donnelly, 'The Constitution at 70 and Privatisation of Governmental Functions' The Constitution at 70, Dublin, 8-9 June 2007, 2007 Conference Paper, 2007

Catherine Donnelly, 'Administrative Law and Multi-Level Governance: An EU-US Comparison', Oxford University Public Law Discussion Group, Oxford, 30 November 2006, 2006 Invited Talk, 2006

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 Conference Paper, 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 Review, 2005

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 Conference Paper, 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 Invited Talk, 2004

Catherine Donnelly, 'The Thirteenth Amendment of the US Constitution and Diplomatic Immunity', Recent Constitutional Law Cases, New York, 12 June, 2000, Davis Polk & Wardwell Invited Talk, 2000

Catherine Donnelly, 'The Importance of Functionalism in Procedural Due Process: A Comparative Perspective', 1999, - Miscellaneous, 1999

Catherine Donnelly, Common Law and EU Law: A Transient Blip or Enduring Exchange, Society of Legal Scholars Annual Conference, Dublin, 7 September 2017 Conference Paper,

Research Expertise

Description

European Union Law; Administrative Law; Constitutional Law; Comparative Law; Human Rights; Governance; Public Procurement Law

Keywords

Administrative Law; Constitutional Law; Governance, Human Rights, European Union Law

Recognition

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 2016

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

Legal Advisor, Northern Ireland Bill of Rights Forum 09/07-03/08

Committee Member, Oxford Amnesty Lectures

Member, Dornburg Study Group

Awards and Honours

Fellow, Trinity College Dublin 2011

Arts and Humanities Research Council Award 2001-2004

Harvard Law School Fellowship 1998-1999

Magdalen College Award for Excellent Performance in B.C.L. Examinations 1998

Arts and Humanities Research Council Award 1997-1998

Scholar of Trinity College 1995

External Examiner, University of Oxford, University College Dublin

Memberships

Irish Society for European Law 2007 – present

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, where he was Head of School from 2014 to 2018. He holds an LLB and a PhD from Trinity College Dublin and an LLM from Harvard University. He has held visiting positions at the Academia Sinica Taipei, Bocconi University Milan, and Keio University Tokyo. He is currently a visiting faculty member at the University of Pennsylvania Carey Law School.

Prof Doyle is an expert in comparative constitutional law, his recent work being published in the International Journal of Constitutional Law and Global Constitutionalism as well as a number of other journals and edited collections. In 2018, published 'The Irish Constitution: A Contextual Account' for Hart's Constitutional Systems of the World series. In 2019, he published--with Dr Tom Hickey--the second edition of 'Constitutional Law: Text, Cases and Materials.' Currently supervising Li-Kung Chen's work on the continuity of states, 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.

Prof Doyle is the co-chair of the British-Irish Chapter of the International Society of Public Law (ICON-S). In 2019, he was the co-editor of a special German Law Journal volume on populism. He has recently convened international symposia on the themes of constitutional silence (Dublin, 2016), the UK's departure from the EU (Glasgow, 2019), constitutionalism and disagreement (Treviso, 2019).

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 a final year research project group on democratic decay.

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 is currently a member of the Working Group on Unification Referendums on the Island of Ireland. Related to this, 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, Aileen McHarg, Jo Murkens, The Brexit Challenge for Ireland and the United Kingdom: Constitutions under Pressure, Cambridge, Cambridge University Press, 2021 Book, 2021

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 (forthcoming), Cambridge University Press, 2021, [Oran Doyle, David Kenny, Christopher McCrudden] Book Chapter, 2021 TARA - Full Text

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, 19, 2021 Journal Article, 2021

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, [Oran Doyle, Aileen McHarg and Jo Murkens] Book Chapter, 2021

Oran Doyle, Minority Rights and Democratic Consensus: The Irish Same-Sex Marriage Referendum, National Taiwan University Law Review, 15, 2020 Journal Article, 2020 TARA - Full Text

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] Book Chapter, 2020

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, 2020, [Oran Doyle and Rachael Walsh] Book Chapter, 2020

Oran Doyle and Rachael Walsh, Deliberation in Constitutional Amendment: Reappraising Ireland's Deliberative Mini-Publics, European Constitutional Law Review, 16, 2020 Journal Article, 2020

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] Item in dictionary or encyclopaedia, etc, 2019

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 Journal Article, 2019

Oran Doyle, Erik Longo, Andrea Pin, Populism: A Health Check for Constitutional Democracy, German Law Journal, 20, (3), 2019, p401 - 407 Journal Article, 2019

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] Book Chapter, 2019

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] Book Chapter, 2019

Oran Doyle, Participatory Democracy in Ireland: Citizens' Assemblies, Studi Senesi, 131, 2019, p485 - 496 Journal Article, 2019

Oran Doyle, The Silent Constitution of Territory, International Journal of Constitutional Law, 17, 2018, p887 - 903 Journal Article, 2018

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] Book Chapter, 2018

Oran Doyle, The Constitution of Ireland: A Contextual Analysis, 1st, Oxford, Hart Publishing, 2018, 0 - 230pp Book, 2018

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] Book Chapter, 2017 TARA - Full Text

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] Book Chapter, 2017 TARA - Full Text

Oran Doyle, Informal Constitutional Change, Buffalo Law Review, 65, (5), 2017, p101 - 118 Journal Article, 2017

Oran Doyle, Constitutional Change in Ireland: Political History and Balance of Power, Dublin University Law Journal, 42(2), 2017, p3 - 18 Journal Article, 2017

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] Book Chapter, 2017 TARA - Full Text

Oran Doyle, Constitutional Transitions, Abusive Constitutionalism and Conventional Constraint, National Journal of Constitutional Law, 35, 2017, p67 - 90 Journal Article, 2017

Oran Doyle, Foreign Law, Constitutional Cases and Theoretical Authority, Global Constitutionalism, 5, 2016, p85 - 108 Journal Article, 2016 TARA - Full Text

Oran Doyle, Conventional Constitutional Law, Dublin University Law Journal, 38, 2015, p311 - 330 Journal Article, 2015 TARA - Full Text

Oran Doyle, The Dynamics of Constitutional Change, Studies: An Irish Quarterly Review, 102, (2), 2013 Journal Article, 2013

Dublin University Law Journal, 36, (2013), 1 - 403p, Des Ryan and Oran Doyle, [eds.] Journal, 2013

Oran Doyle, Judicial Scrutiny of Legislative Classification, Irish Jurist, 47, (1), 2012, p175 - 184 Journal Article, 2012

Oran Doyle, The Legitimate Authority of the Living Law, Jurisprudence, 3, (1), 2012, p113 - 133 Journal Article, 2012

Dublin University Law Journal, 35, (2012), 1 - 355p, Des Ryan and Oran Doyle, [eds.] Journal, 2012

Dublin University Law Journal: A Festchrift for the Honorable Justice Ronan Keane, 33, (2011), 1 - 428p, Des Ryan and Oran Doyle, [eds.] Journal, 2011

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 Journal Article, 2011 URL TARA - Full Text

Dublin University Law Journal, 34, (2011), 1 - 280p, Des Ryan and Oran Doyle, [eds.] Journal, 2011

Oran Doyle, Elusive Quarries: A Failure of Regulation, Dublin University Law Journal, 34, 2011, p180 - 207 Journal Article, 2011 TARA - Full Text

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 Journal Article, 2011 TARA - Full Text

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 Journal Article, 2010 TARA - Full Text

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] Book Chapter, 2010 TARA - Full Text

Oran Doyle, Legal Positivism, Natural Law and the Constitution, Dublin University Law Journal, 31, (1), 2009, p206 - 227 Journal Article, 2009 TARA - Full Text

"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] Book Chapter, 2008

Doyle, Oran and Carolan, Eoin, The Irish Constitution: Governance and Values, Dublin, Thomson Roundhall , 2008, x-xlvi, 1-530pp Book, 2008

Oran Doyle, The Constitution at 70, Doctrine and Life, 57, 2007 Journal Article, 2007

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] Book Chapter, 2007 TARA - Full Text

Doyle, Oran and Binchy, William, eds, Committed Relationships and the Law, Dublin, Four Courts Press, 2007, 272pp Book, 2007

Oran Doyle, Direct Discrimination, Indirect Discrimination and Autonomy, Oxford Journal of Legal Studies, 27, 2007, p537 - 553 Journal Article, 2007

Oran Doyle, The European Communities (Natural Habitats) (Amendment) Regulations 2005, Dublin University Law Journal, 28, 2006 Journal Article, 2006 TARA - Full Text

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] Book Chapter, 2006

Dublin University Law Journal, Dublin, Clarus Press, [eds.], 2004-2017 Editorial Board, 2004

Oran Doyle, Constitutional Equality Law, Dublin, Thomson Roundhall, 2004 Book, 2004

Oran Doyle, Legal Validity - Reflections on the Constitution, Dublin University Law Journal, 25, 2003 Journal Article, 2003

Non-Peer-Reviewed Publications

Oran Doyle and Tom Hickey, Constitutional Law: Text, Cases and Materials, 2nd, Dublin, Clarus Press, 2019, 1 - 650pp Book, 2019

Oran Doyle, Approaches to Comparative Constitutional Law, Seminar on Comparative Constitutional Law, Hiroshima, 27 July, 2018, Law Faculty University of Hiroshima Invited Talk, 2018

Oran Doyle, Constitutional Change and Intergenerational Disagreement, Annual Conference of the Irish Association of Law Teachers, Athlone, 25 November, 2018 Meeting Abstract, 2018

Oran Doyle, Constitutional Change in Ireland, Faculty Workshop, Tokyo, 10 July , 2018, Keio University Law School Invited Talk, 2018

Oran Doyle, アイルランドの憲法変動, 法学セミナー, 467, 2018, p46 - 54 Journal Article, 2018

Oran Doyle, Constitutional Beginnings: Taiwan and Ireland, World Congress of Taiwan Studies, Taipei, 7 September, 2018, Academia Sinica Taipei Invited Talk, 2018

Oran Doyle, Constitutional Beginnings, Annual Conference of the International Society of Public Law, Hong Kong, 26 June, 2018 Meeting Abstract, 2018

Oran Doyle, The Constitutional Implications of Brexit, UK Italian Constitutional Law Conversation, London, 7 June, 2018, UK Constitutional Law Association and Italian Devolution Club Invited Talk, 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 Meeting Abstract, 2018

Oran Doyle, Populism and Democratic Theory, Congress of International Academy of Comparative Law, Fukuoka, 25 July, 2018, International Academy of Comparative Law Invited Talk, 2018

Oran Doyle, It's Bad to Talk: Judicial Dialogue and Foreign Law, Annual Conference of the International Society of Public Law, Copenhagen, 2017 Meeting Abstract, 2017

Oran Doyle, The Constitution of Territory, Borders, Fences and Firewalls, Max Planck Institute Gottingen, 2017 Meeting Abstract, 2017

Oran Doyle, Let's Not Play Peekaboo with Constituent Power, Popular Will, Electoral Democracy and the Courts, Padova, 17 November, 2017 Meeting Abstract, 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] Book Chapter, 2017

Oran Doyle, The Supreme Court, Review of The Supreme Court of Ireland, by Ruadhán Mac Cormaic , Studies: An Irish Quarterly, 2017 Review, 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] Book Chapter, 2016

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] Book Chapter, 2015

Constitutional Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2013, Dublin, Round Hall, 2014, pp110 - 207, [Oran Doyle] Book Chapter, 2014

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] Book Chapter, 2013

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] Book Chapter, 2012

Constitutional Law in, Annual Review of Irish Law 2010, Dublin, Thomson Round Hall, 2011, [Oran Doyle and Estelle Feldman] Book Chapter, 2011

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] Book Chapter, 2010

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 Journal Article, 2009

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] Book Chapter, 2009

Oran Doyle, The Human Personality Doctrine in Constitutional Equality Law, Irish Student Law Review, 9, 2009, p101- Journal Article, 2009

Oran Doyle, Constitutional Law: Text, Cases and Materials, Dublin, Clarus Press, 2008 Book, 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] Book Chapter, 2008

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] Book Chapter, 2006

Property Rights and Natura 2000 in Ireland in, editor(s)Michel Paques , Natura 2000 and Property Rights, Brussels, Bruylant, 2005, pp139 - 152, [Oran Doyle] Book Chapter, 2005

Oran Doyle and Alan Keating, Discriminatory Planning Conditions - the Case for Reform, Law Society of Ireland, 2005 Report, 2005 URL

Rapport National: Ireland in, editor(s)Jessica Makowiak , La Mise en Place du Reseau Natura 2000, Limoges, Pulim, 2005, pp213 - 233, [Oran Doyle] Book Chapter, 2005

Constitutional Law in, editor(s)Raymond Byrne, William Binchy , Annual Review of Irish Law 2004, Dublin, Roundhall, 2005, pp163 - 212, [Oran Doyle, Estelle Feldman] Book Chapter, 2005

Oran Doyle, The Duration of Primary Education, Irish Student Law Review, 10, 2002, p222- Journal Article, 2002

Doyle O., Scannell, Doyle and Clarke, The Habitats Directive in Ireland, Trinity College Dublin, Centre for Environmental Law and Policy, 1999 Book, 1999

Oran Doyle, Façade Retention: Standing of Incorporated Persons to Challenge Planning Permissions, Trinity College Law Review, 2, 1999, p106- Journal Article, 1999

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- Journal Article, 1998

Research Expertise

Description

Prof Doyle is a leading 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. Developing his previously published work on territory (International Journal of Constitutional Law, German Law Journal), Prof Doyle is developing a new research project on Constitutional Space. This will explore both how constitutions help to create and maintain territory and how constitutions respond to territorial contestation, whether in the form of secession, federalism, and conflicting territorial claims. Other recently published work explores various aspects of constitutional change, including informal change, constraints on amendment powers, interest-group politics, constitutional transitions, deliberative democracy, typologies of constitutional change, and populism.

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

Keywords

Comparative Constitutional Law; Constitutional Law; Jurisprudence

Recognition

Representations

Constitutional Law Advisor to Ireland's Citizens' Assembly 2016-2018

Co-Chair of the British-Irish Chapter of the International Society of Public Law 2017-present

Member of the International Society of Public Law Working Group on New Chapters 2018-present

Guest Editor special volume of the German Law Journal on Populism and Constitutionalism 2019

Global Associate Professor, Keio University, Tokyo 2018

Visiting Research Fellow, Bocconi University Milan 2017

Visiting research fellow at the Institutuum Jurisprudentiae of the Academia Sinica in Taipei. 2015

Member of the editorial board of the Dublin University Law Journal. 2009-present

Member of the Editorial Board of the Journal of Constitutional Studies.

External Examiner, NUI Galway 2015-2019

External Examiner, Honorable Society of King's Inns 2007-2012

External Examiner, Griffith College Dublin 2008-2012

Awards and Honours

Elected to Fellowship of the College 2010

Provost's Teaching Award 2008

Brookes Scholar, the Honourable Society of King's Inns 2002

Awarded Gold Medal in LLB Degree 1999

Scholar of Trinity College Dublin 1997

Memberships

Irish Jurisprudence Society 2007 – Present

International Society of Public Law 2015 – Present

Law and Society Association 2016 – 2017

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 am 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. In addition, I co-teach an LLM course on Data Protection: Law, Policy and Practice. I have taught EU and International Law on the LLM programme and coordinated the Foundations of Law course for Junior Freshman students.

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.

Publications and Further Research Outputs

Peer-Reviewed Publications

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] Book Chapter, 2017

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] Book Chapter, 2017

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] Book Chapter, 2017

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] Book Chapter, 2017

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.] Book Chapter, 2016

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 - Invited Talk, 2015

David Fennelly, Cape Town Convention and international sanctions: the case of European Union sanctions against Russia, Cape Town Convention Journal, 2015, p1 - 20 Journal Article, 2015

Fennelly, Penser par cas: A Common Law Perspective, Revue interdisciplinaire d'études juridiques, 73, 2014, p155 - 172 Journal Article, 2014

David Fennelly, International Law in the Irish Legal System, Dublin, Thomson Reuters Round Hall, 2014 Book, 2014

David Fennelly, Selected Issues in Irish Equality Case Law 2008-2011, Dublin, Equality Authority, January, 2013, p1 - 110 Report, 2013 URL

Non-Peer-Reviewed Publications

Fennelly, D., The Public Sector Duty: the Irish Context and Potential Implications, FLAC Conference on the legal implications of the public sector duty in Irish law, Dublin, 19 October 2018, 2019 Conference Paper, 2019

Fennelly, D., The Irish Legal System and Irish Legal Profession, Boston College, Dublin, Dublin, 15 January 2019, 2019, Boston College Invited Talk, 2019

Fennelly, D., Data Retention: the Life, Death and Afterlife of a Directive , ERA Forum, 2018, p1 - 20 Journal Article, 2018

Fennelly D, Practitioners and Professors: the Irish Experience, IJCLE - ENCLE - CLEO Annual Conference, Northumbria - Newcastle UK, 3-5 July 2015, 2017 Conference Paper, 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 Conference Paper, 2017

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 Conference Paper, 2017

Fennelly D, Report on National employment services: National Report - Ireland, FRESSCO ANNUAL COMPARATIVE REPORT, Ghent, FRESSCO, JULY 2017, 2017, p1 - 10 Report, 2017

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 Report, 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 Conference Paper, 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 Conference Paper, 2016

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 Conference Paper, 2016

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 Report, 2016

David Fennelly, National Report on Free Movement of Persons, Co, July, 2015, p1 - 17 Report, 2015

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 Invited Talk, 2015

David Fennelly, Reconciling Regulation and Independence: the Irish Experience, International Legal Ethics Conference IV, City University London, 12/07/2014, 2014 Conference Paper, 2014

David Fennelly, Review of Employment Equality Law , by Bolger, Bruton and Kimber , Dublin University Law Journal, 35, 2013 Review, 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 Conference Paper, 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] Book Chapter, 2012

Research Expertise

Description

International Law; European Union Law; Constitutional Law Clinical Legal Education; Legal Profession; Law Reform

Keywords

Equality law; EU Law; International Law; Legal Education; Legal Profession, The

Recognition

Representations

Member, Government Data Forum 2015 - present

National Expert - Free Movement, FreSsco (European Commission Network of Experts on Free Movement and Social Security Coordination) 2014 to prsent

Editorial Board, Irish Journal of European Law

Co-Editor, Dublin University Law Journal 2016

Awards and Honours

Visiting Scholar, Trinity Trust Travel Grantee, Lauterpacht Research Centre for International Law, University of Cambridge, 2008 2008

TCD Broad Curriculum Studentship 2007-8

NYU Global Public Interest Fellowship 2005-6

NYU International Law and Human Rights Fellow 2005

NYU Merit Scholar 2004-5

Fulbright Scholar 2004-5

Non-Foundation Scholar 2002-3

Government of Ireland Easter Week Commemoration Patrick Pearse Scholar 2000

Law Research Fund Grant 2014

European Network of Clinical Legal Education/Open Society Initiative Grant 2014

National Institute for Teaching Ethics & Professionalism Fellowship 2014

Memberships

Member, Irish Centre for European Law

Member and former Secretary, Irish Fulbright Alumni Association 2008

Member, European Network for Clinical Legal Education 2014

David Kenny


Dr. David Kenny
Assistant Professor, Law

Biography

Dr David Kenny is an Assistant Professor of Law in 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 a alumnus of the US State Department's Fulbright programme.

Dr Kenny's research specialises in Irish and comparative constitutional law. He is co-author of the recent 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 silence, referendums, and executive branch legal advisors. His current research projects focus on critical accounts of comparative constitutional law methodology, constitutional culture, and referendums, as well as on constitutional implications of Brexit for Ireland. He also writes in the field of law and literature.

Dr 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, the Oireachtas Special Covid-19 Committee, and the Northern Ireland Assembly Ad Hoc Committee on a Bill of Rights for Northern Ireland. He is currently a member of the Working Group on Unification Referendums on the Island of Ireland, convened by the Constitution Unit of University College London and supported by funding from the British Academy and the Joseph Rowntree Charitable Trust. He is coordinator of the State Governance section of the Trinity College Dublin Covid-19 Legal Observatory.

Dr Kenny teaches Constitutional Law I to first year students; Critical Perspectives on Law and Conflict of Laws to fourth years students; and leads a final year dissertation research group on law and literature. He has previously taught advanced constitutional law module to fourth year undergraduates and Masters students. He was a recipient of the Provost's Award for Excellence in Teaching in 2015.

He also has two PhD students awaiting examination: Mr James Rooney, whose thesis explored judicial attitudes to social and economic rights, and Mr Conor Casey, who examined theories of executive power.

Dr Kenny regularly contributed to media discussion of constitutional issues, referendums, and Brexit, having written articles in the Irish Times, the Irish Independent and theJournal.ie, and appearing on Morning Ireland, Marion Finucane, the Six One News, Prime Time, and Sky News. He is open to media queries on matters of Irish or international constitutional law.

Publications and Further Research Outputs

Peer-Reviewed Publications

David Kenny, The Human Pared Away: Hilary Mantel's Thomas Cromwell as an Archetype of Legal Pragmatism , Law and Literature (forthcoming) , 2021 Journal Article, 2021

David Kenny and Conor Casey, The Resilience of Executive Dominance in Westminster Systems: Ireland 2016-2019, Public Law (FORTHCOMING), 2021 Journal Article, 2021

David Kenny, The virtues of unprincipled constitutional compromises: Church and State in the Irish Constitution, European Constitutional Law Review (FORTHCOMING), 2021 Journal Article, 2021

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 (forthcoming), Cambridge University Press, 2021, [Oran Doyle, David Kenny, Christopher McCrudden] Book Chapter, 2021 TARA - Full Text

Are the people the masters? Constitutional Referendums in Ireland in, editor(s)Richard Albert and Richard Stacey , The Legality and Legitimacy of Referendums (FORTHCOMING), Oxford University Press, 2020, [David Kenny and Aileen Kavanagh] Book Chapter, 2020

David Kenny, Review of The Triangular Constitution by Tom Flynn , Common Law World Review, 49, (1), 2020, p92-106 Review, 2020

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) (FORTHCOMING), Wolters Kluwer, 2020, pp175 - 202, [David Kenny and Andrea Pin] Book Chapter, 2020

The Risks of Referendums: "Referendum culture" in Ireland as a solution? in, editor(s)Maria Cahill, Conor O'Mahony and Sean Ó Conaill , Popular Sovereignty and Populism in Ireland (FORTHCOMING), Routledge, 2020, [David Kenny] Book Chapter, 2020

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 Journal Article, 2020

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 Journal Article, 2020

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] Book Chapter, 2019

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 Journal Article, 2019

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] Book Chapter, 2019

Richard Albert and David Kenny , The challenges of constitutional silence: Doctrine, theory, and applications, International Journal of Constitutional Law (ICON), 2018, p880 - 886 Journal Article, 2018

David Kenny, Abortion, The Irish Constitution, and Constitutional Change, Revista de Investigações Constitucionais / Brazilian Journal of Constitutional Research , 5, (3), 2018, p257 - 275 Journal Article, 2018

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 Journal Article, 2018

GW Hogan, GF Whyte, D Kenny, R Walsh, Kelly: The Irish Constitution, Fifth edition, Dublin, Bloomsbury Professional, 2018, 1 - 2765pp Book, 2018

David Kenny and Liz Heffernan, Peer Observation of Teaching, Dublin University Law Journal, 2017, p205 - 216 Journal Article, 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] Book Chapter, 2017

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] Book Chapter, 2017

David Kenny, Remedial Innovation, Constitutional Culture, and the Supreme Court at a Crossroads, Dublin University Law Journal, 40(2), 2017, p85 - 106 Journal Article, 2017

David Kenny, Politics all the way down: originalism as rhetoric, Diritto pubblico comparato ed europeo (DPCE) Online, 31, (3), 2017, p661 - 667 Journal Article, 2017

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] Book Chapter, 2017 TARA - Full Text

David Kenny, A Review of Neil Walker's "Intimation of Global Law", by Neil Walker , American Journal of Comparative Law, 2015, p1053-1060 Review, 2015

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 Journal Article, 2015

David Kenny, Conventions in Judicial Decisionmaking: Epistemology and the Limits of Critical Self Consciousness, Dublin University Law Journal, 38, (2), 2015, p432 - 441 Journal Article, 2015

Gerard Hogan, David Kenny and Rachael Walsh, An Anthology of Unconstitutionality, Irish Jurist, (54), 2015, p1 - 30 Journal Article, 2015

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] Book Chapter, 2015

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 Journal Article, 2014

David Kenny, Proportionality, the Burden of Proof, and Some Signs of Reconsideration, Irish Jurist, 52, 2014, p141 - 152 Journal Article, 2014

David Kenny, Grounding Constitutional Remedies in Reality: the Case for As-Applied Constitutional Challenges in Ireland, Dublin University Law Journal, 35, 2014, p53 - 77 Journal Article, 2014

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 Journal Article, 2013

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] Book Chapter, 2012

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 Journal Article, 2011

David Kenny, A Dormant Doctrine of Overbreadth: Abstract Review and Ius Tertii in Irish Proportionality Analysis, Dublin University Law Journal, 32, 2010, p25 - 50 Journal Article, 2010

Non-Peer-Reviewed Publications

Renwick, Whysall et al, Interim Report of Working Group on Unification Referendums on the Island of Ireland (forthcoming), Constitution Unit, UCL, October , 2020 Report, 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 Report, 2019

Frank Clarke, David Kenny, Aine Ryall, How Courts Decide: adjudicative process of Supreme Administrative Courts, ACA (association of Supreme Administrative Courts) Europe, 2019 Report, 2019

David Kenny and Rosemary Hennigan, In Two Minds: Atticus Finch and the Limits of Law, Dublin Review of Books, (5), 2016 Review Article, 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- Journal Article, 2009

Research Expertise

Keywords

Comparative Constitutional Law; Conflict of Laws; Constitutional Law; Irish Politics; Referendums

Recognition

Awards and Honours

Provost's Award for Excellence in Teaching 2015

Ussher Fellowship, Trinity College Dublin 2009-2012

Fulbright Scholar 2008-2009

Memberships

Board Member and Supervising Lawyer, Irish Innocence Project 2014 – Present

Caoimhin MacMaolain


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 two books with Hart Publishing, as well as many 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

Caoimhín MacMaoláin, Irish Food Law, 1, Oxford, Hart Publishing, 2019, 1 - 400pp Book, 2019

Caoimhín MacMaoláin, An Unhealthy State: Using Legislation to Address Public Health Issues in Ireland, European Public Law, 2019, p487 - 502 Journal Article, 2019

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] Book Chapter, 2016

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] Book Chapter, 2015

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] Book Chapter, 2015

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 Journal Article, 2015

C MacMaoláin, Food Law: National, European and International Perspectives, 1, Oxford, Hart Bloomsbury, 2015, 345pp Book, 2015

EFSA the respondent: The role of the Court in ensuring accountability for action and transparency in procedures in, editor(s)Alemanno and Wirajendi , Foundations of EU Food Law and Policy: Ten years of the European Food safety Authority, UK and USA, Ashgate, 2014, pp221 - 235, [C MacMaolain] Book Chapter, 2014

C MacMaolain, Food Information Regulation: Failing to address ongoing concerns about obesity, Irish Journal of European Law, 17, (1), 2014, p77 - 87 Journal Article, 2014

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 Journal Article, 2011

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] Book Chapter, 2011

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 Journal Article, 2009

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 Journal Article, 2008

MacMaoláin C, EU Food Law: protecting consumers and health in a common market, 1, Oxford, Hart Publishing, 2007, 1 - 320pp Book, 2007

MacMaoláin, C, Eligibility criteria for protected geographical food names, European Law Review, 31, (4), 2006, p576 - 588 Journal Article, 2006

MacMaoláin C, The new genetically modified food labelling requirements: finally a lasting solution?, European Law Review, 28, (6), 2003, p865 - 879 Journal Article, 2003

MacMaoláin C, Reforming European Community Food Law: putting quality back on the agenda, Food and Drug Law Journal, 58, (4), 2003, p549 - 565 Journal Article, 2003

MacMaoláin C, Using the precautionary principle to protect human health, European Law Review, 28, (5), 2003, p723 - 734 Journal Article, 2003

MacMaoláin C, Ethical food labelling: the role of European Union freetrade in facilitating international fairtrade, Common Market Law Review, 39, (2), 2002, p295 - 314 Journal Article, 2002

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 Journal Article, 2001

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 Conference Paper, 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 Conference Paper, 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 Conference Paper, 2018

Caoimhin MacMaolain, The Consumer Information Paradigm: A Critical European Perspective, Global Food Law and Policy, Bilbao, Spain, 17-20 July 2017, 2017 Conference Paper, 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 Conference Paper, 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 Conference Paper, 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 Conference Paper, 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 Conference Paper, 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 Conference Paper, 2013

C Macmaolain, Rights and entitlements at work, Migraine Association of Ireland National Conference, Dublin, April 2012, 2012 Conference Paper, 2012

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 Journal Article, 2012

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 Journal Article, 2011

MacMaolain, Using EU Law and Policy to Create Jobs and Stimulate Growth in Ireland, Employment Law Review, (1), 2011, p27 - 34 Journal Article, 2011

MacMaolain, Role of EU Law in the Irish Economic Crisis, Society of Legal Scholars Annual Conference, Cambridge, September 2011, 2011 Conference Paper, 2011

MacMaolain, Rights in Employment Law for people suffering from neurological disorders, European Federation of Neurological Associations, HungExpo, Budapest, Hungary, Sept 2011, 2011 Conference Paper, 2011

MacMaolain, Tackling the most serious of all food safety concerns: The EU's role in reducing obesity, European Files, Dec, 2011, p26 - 28 Journal Article, 2011

MacMaolain, Clarifying pay entitlements during maternity leave: The decisions in Gassmayr and Parviainen, Employment Law Review, 2, 2010, p84 - 88 Journal Article, 2010

MacMaolain, Compensating for employment training costs: Olympique Lyonnais Sasp v Olivier Bernard and Newcastle United FC, Employment Law Review, 2010, p62 - 67 Journal Article, 2010

MacMaolain, Placing limitations on acceptable acts of ageism: The significance of the decision in Andersen, Employment Law Review, 2010, p69 - 74 Journal Article, 2010

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 Conference Paper, 2009

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 Journal Article, 2009

MacMaoláin, C, Engaging employees in collective redundancy negotiations: the recent decision in Akavan v Fujitsu, Employment Law Review, 1, (2), 2009, p140 - 145 Journal Article, 2009

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 Conference Paper, 2009

MacMaoláin, C, Access to legal traineeships in other Member States: significance of the decision in Pesla, Employment Law Review, 1, (3), 2009, p234 - 237 Journal Article, 2009

MacMaoláin, C, The application of EU Law in food safety crises , The European Union and Global Emergencies International Conference, Durham, UK, 2009, 2009 Conference Paper, 2009

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 Review, 2008

MacMaoláin, C, New European Union Food Labelling Rules, ERA Food Law Conference, Parma, Italy, 2008, 2008 Conference Paper, 2008

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 Review, 2008

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 Review, 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 Conference Paper, 2008

MacMaoláin, C, Labelling requirements in EU Food Law, European Institute of Public Administration Seminar, Luxembourg, 2007, 2007 Conference Paper, 2007

MacMaoláin, Review of Human Rights and International Trade, by Cottier, Pauwelyn and Burgi , Common Market Law Review, 44, (4), 2007, p525-528 Review, 2007

MacMaoláin, New directions in European Union law and policy on the free movement of goods, SLS EU Law section , Keele, UK, 2006, 2006 Conference Paper, 2006

MacMaoláin, C, The potential impact of EU regulations on the making of nutrition and health claims, EIPA Food Law Conference, Luxembourg, 2006, 2006 Conference Paper, 2006

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 Review, 2005

MacMaoláin, Protecting consumers through suitable labelling disclosures in EU Law, European Institute of Public Administration, Luxembourg, Luxembourg, 2004, 2004 Conference Paper, 2004

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 Review, 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 Conference Paper, 2003

Research Expertise

Description

EU Law; EU and International Food Law; International Trade Law (WTO) ; Food Law and Regulation; EU Substantive Law

Keywords

EU Law; Food Law; International Trade Law (WTO)

Recognition

Representations

Society of Legal Scholars Convenor for Ireland

Examiner LLB University of London, Company Law and European Union Law

Memberships

Member UK Association of European Lawyers

Member Society of Legal Scholars, Convenor for Ireland

Andrea Mulligan


Dr. Andrea Mulligan
Assistant Professor, Law

Biography

I am an Assistant Professor of Law at the School of Law, teaching and researching in the field of Torts, Medical Law and Bioethics. My particular area of specialisation is the legal regulation of human reproductive technologies, ranging from established technologies such as IVF, surrogacy and donor-assisted conception to emerging and future technologies such as gene editing and human enhancement. I am interested in both the public law and private law aspects of this research field.

I also have research interests across the broader fields of Medical Law and Bioethics.

Flowing from my work in the field of reproductive technologies, I have an ongoing interest in the area of reproductive ethics, encompassing work on abortion ethics and regulation. I am currently working on conscientious objection rights in Irish abortion law.

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.

Publications and Further Research Outputs

Peer-Reviewed Publications

Andrea Mulligan, Protecting Identity in Collaborative Assisted Reproduction: The Right To Know One's Gestational Surrogate, International Journal of Law, Policy and the Family, 2020 Journal Article, 2020

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, [Andrea Mulligan] Book Chapter, 2020

Andrea Mulligan, A Vindicatory Approach to Tortious Liability for Mistakes in Assisted Human Reproduction, Legal Studies, 2019 Journal Article, 2019

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] Book Chapter, 2019

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 Journal Article, 2018

Mulligan, Constitutional Aspects of International Data Transfer and Mass Surveillance, Irish Jurist, 55, 2016, p199 - 208 Journal Article, 2016

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 Journal Article, 2015

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 Journal Article, 2015

Andrea Mulligan, Maternal Brain Death and Legal Protection of the Foetus in Ireland, Medical Law International, 15, 2015, p182 - 195 Journal Article, 2015

Andrea Mulligan, Constitutional Parenthood in the Age of Assisted Reproduction" (2014) 48(1) Irish Jurist , Irish Jurist, 48, (1), 2014, p90 - 122 Journal Article, 2014

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 Journal Article, 2014

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 Journal Article, 2012

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 Journal Article, 2011

Andrea Mulligan, Frozen Embryo disposition in Ireland After Roche v Roche, Irish Jurist, 46, (1), 2011, p202 - 210 Journal Article, 2011

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 Invited Talk, 2020

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 Oral Presentation, 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 Oral Presentation, 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 Oral Presentation, 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 Oral Presentation, 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 Meeting Abstract, 2018

Andrea Mulligan, Tortious Liability for Mistakes in Reproductive Treatment, Society of Legal Scholars Annual Conference, Dublin, September 2017, 2017 Oral Presentation, 2017

Andrea Mulligan Simon Mills, Medical Law in Ireland, 1st, Dublin, Bloomsbury Professional , 2017, 1 - 619pp Book, 2017

Andrea Mulligan, Regulation of Surrogacy and the ECHR, Surrogacy: Forging a legal and Policy Framework for Ireland, 2016 Invited Talk, 2016

Andrea Mulligan, The Use of DNAR Orders in Irish Law, CMG Interdisciplinary Professional Conference, 'Legalities in End of Life Care, Dublin, 2015 Invited Talk, 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 Oral Presentation, 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 Oral Presentation, 2013

Andrea Mulligan, The Contested Nature of the Best Interests Test, Conference on the Children's Rights Referendum, TCD, 2012 Oral Presentation, 2012

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 Meeting Abstract, 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 Oral Presentation, 2011

Andrea Mulligan, Roche v Roche: some guidance for frozen embryo disputes, Trinity College Law Review, 13, 2010, p168 - 181 Journal Article, 2010

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. February/August 2019

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. 2018 - 2019

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. February 2018

Invited to brief Irish Hospice Foundation on constitutional issues and end of life care, including assisted suicide. September 2019

Council Member, Irish Association of Law Teachers 2019 to date

Medical Law Review, Peer Reviewer

Journal of Medical Ethics, Peer Reviewer

Medical Law International, Peer Reviewer

Fulbright Commission, Interview Panel for Law Scholarships 2016-2017

Lecturer in Law of Assisted Reproduction, Law Society of Ireland, Medical Law Module, Professional Practice Course PPCII. 2016 to date

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. 2019 to date

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. October 2016

Awards and Honours

Elected to Scholarship, Trinity College Dublin 2007

Lucy Gwynn Prize, Trinity College Dublin 2007

Kingsmill Moore Prize 2008

Fulbright Scholarship 2009

Dean's Scholar in Legal and Ethical Issues in Reproductive Technologies 2010

Ussher PhD Fellowship, Trinity College Dublin 2010-13

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 October 2014 – To date

Ailbhe O'Neill


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 Journal Article, 2019

Ailbhe O'Neill, Open Justice Revisited - Gilchrist and Rogers v. Sunday Newspapers Ltd., Irish Supreme Court Review, 1, 2019, p1-18 Journal Article, 2019

Ailbhe O'Neill Eoin Carolan, Media Law in Ireland, 2nd, Ireland, Bloomsbury, 2019, 1-623pp Book, 2019

Ailbhe O'Neill, The Principle of Open Justice, Irish Supreme Court Review, Trinity College, 6 October, 2018, TCD Law School Invited Talk, 2018

O'Neill, When do Clubs Die?, Dublin University Law Journal, 38, (1), 2015, p208 - 218 Journal Article, 2015

Ailbhe O'Neill, "Subordinated creditors in times of crisis - the Irish approach" , Journal of International Banking Law and Regulation , 30, (5), 2015, p296 - 299 Journal Article, 2015

National Reporter, European Insolvency Law - The Heidelberg-Luxembourg-Vienna Report , 2014 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] Book Chapter, 2014

Ailbbhe O'Neill, "Reporting allegations: Reynolds privilege revisited in the UK Supreme Court" , Irish Jurist, 2012, p185- Journal Article, 2012

Ailbhe O'Neill, . "Defamation by Hyperlink and the Publication Rule" , Dublin University Law Journal, 35, 2012, p317- Journal Article, 2012

Ailbhe O'Neill, Rescuing the Law of Torts, Irish Jurist, 2011, 2011 Journal Article, 2011

Ailbhe O'Neill, . "Fair Procedures - An Inviolable Right?" , Dublin University Law Journal, 33, 2011, p319 - 338 Journal Article, 2011

Ailbhe O'Neill, On-line Piracy and the Responsibilities of Internet Service Providers in Ireland, Entertainment Law Review, 2011, p89- Journal Article, 2011

Ailbhe O'Neill and Eoin Carolan, Media Law in Ireland, First, Dublin, Bloomsbury , 2010 Book, 2010

McCann Courtney , Companies Acts 1963-2010, Dublin, Tottel, 2010 Book, 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] Book Chapter, 2009

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] Book Chapter, 2008

O'Neill, Invalidity and Retrospectivity under the Irish and Canadian Constitutions, Forum Constitutionnel, 2007, p147- Journal Article, 2007

O'Neill, Corporate Reputation in the House of Lords, Company Layer, 28(3), 2007, p76- Journal Article, 2007

O'Neill, Part 40 of the U.K. Companies Act 2006: Disqualification Orders go Global, International Company and Commercial Law Review , 2007, p166- Journal Article, 2007

O'Neill, Unjust Enrichment and Restitution of Tax Paid under a Mistake of Law, Irish Tax Review, 2007, p66- Journal Article, 2007

O'Neill , The Constitutional Rights of Companies, Dublin, Thomson Round Hall, 2007, 300pp Book, 2007

O'Neill, The Constitutional Rights of Companies, Dublin, Thomson Round Hall, 2007 Book, 2007

O'Neill, Relieving Directors: The Irish Approach, Company Lawyer, 2007, p116- Journal Article, 2007

Ailbhe O'Neill, The Rule against Double Jeopardy and the Company and Some Thoughts on Interpretive Seepage, Irish Criminal Law Journal, 2005 Journal Article, 2005

Ailbhe O'Neill, The Right to Silence and the Company, Irish Jurist, 2005, p111- Journal Article, 2005

Ailbhe O'Neill, Corporate Freedom of Expression", Dublin University Law Journal, 27, 2005, p185- Journal Article, 2005

Non-Peer-Reviewed Publications

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 Invited Talk, 2019

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 Invited Talk, 2018

Ailbhe O'Neill, Developments in Banking and Financial Regulation, Recent Developments in Public Law, UCD, 11 June , 2018, UCD Centre for Constitutional Studies, 5pp Invited Talk, 2018

Flynn, Roderick, Media Pluralism Monitor, 2016, Florence, Centre for Media Pluralism and Media Freedom, EUI, May, 2017 Report, 2017

Flynn, Roderick, Media Pluralism Monitor, 2015, Florence, Centre for Media Pluralism and Media Freedom, EUI, May, 2016 Report, 2016

Ailbhe O'Neill, "Pillar A of the Companies Bill 2011 - the role of the company secretary", Irish Business Law Quarterly, 2012, 2012, p3- Journal Article, 2012

Researcher, Report of the Working Group on a Court of Appeal, Ireland, Courts Service, 2009 Report, 2009

O'Neill, Breach of the Peace as an Offence at Common Law, Journal of Criminal Law, 71, 2007, p21- Journal Article, 2007

O'Neill, Reform of the Derivative Suit, New Law Journal, 2007, p356- Journal Article, 2007

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- Journal Article, 2007

Ailbhe O'Neill, Section 12(1) of the Companies Act 1990 as a Weapon of Mass Discovery, Commercial Law Practitioner, 13, (3), 2006, p81- Journal Article, 2006

Ailbhe O'Neill, Cross-Border Insolvency in the Supreme Court - Some (Euro) Food for Thought, Commercial Law Practitioner, May, 2005 Journal Article, 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.

Keywords

Business/Corporate Law; Constitutional Law; Criminal Law; Insolvency/Bankruptcy

Recognition

Representations

Member of the European Corporate Governance Institute 2005

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 1996

Trinity College Scholarship 1998

Kingsmill Moore Memorial Prize for 1st place in Junior Sophister Year 1999

Henry Hamilton Hunter Memorial Prize 1st place in Senior Sophister Year 2000

W.M. Tapp Studentship in Law Gonville and Caius College, Cambridge 2000

Honorary Senior Scholarship Gonville and Caius College, Cambridge 2001

Memberships

The Law Library, Four Courts, Inns Quay, Dublin 7 2006

David Prendergast


Biography

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

Publications and Further Research Outputs

Peer-Reviewed Publications

David Prendergast, Recklessness Without the Risk, Criminal Law and Philosophy, 14, 2020, p31 - 50 Journal Article, 2020

David Prendergast, The judicial role in protecting democracy from populism, German Law Journal, 20, (2), 2019, p245 - 262 Journal Article, 2019

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 Journal Article, 2018

David Prendergast, Constitutional Control of Vague Criminal Law, Dublin University Law Journal, 42, (2), 2018, p19 - 44 Journal Article, 2018

David Prendergast, Criminal Culpability and Sexual Offences Reform, Criminal Law and Practice Review, 2, 2018, p99 - 113 Journal Article, 2018

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 Journal Article, 2018

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

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

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

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

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

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

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

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

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

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

Non-Peer-Reviewed Publications

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 Conference Paper, 2020

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 Conference Paper, 2019

David Prendergast, Recklessness in Irish Criminal Law, TCD Law Lunchtime Research seminar, Trinity College Dublin, 16 October 2019, 2019 Conference Paper, 2019

David Prendergast, Connecting Offence and Defence, Edinburgh Criminal Law Discussion Group Seminar, University of Edinburgh, 11 December 2019, edited by JP Fassnidge , 2019 Conference Paper, 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 Conference Paper, 2019

David Prendergast, Book Review: JJ Child and RA Duff, Criminal Law Reform Now, Howard Journal of Crime and Justice, 58, (4), 2019, p585 - 586 Journal Article, 2019

David Prendergast, Reverse Burdens, Evidence/Criminal Procedure Workshop, Dublin City University, edited by Yvonne Daly , 2018 Conference Paper, 2018

David Prendergast, Challenges to the Centrality of Consent, Seminar, University of Surrey, 2018 Conference Paper, 2018

David Prendergast, CULPABILITY IN CARELESS DRIVING AND THE SO-CALLED "THIRD CATEGORY" OF CRIMINAL OFFENCE, Irish Law Times, 36, (4), 2018, p63 - 67 Journal Article, 2018

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 Conference Paper, 2018

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 Journal Article, 2018

David Prendergast, Consent as a legal binary, School of Law lunchtime seminar series, Trinity College Dublin, November 2018, edited by Des Ryan , 2018 Conference Paper, 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 Conference Paper, 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 Conference Paper, 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 Conference Paper, 2015

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Research Expertise

Description

Criminal law: criminal defences, legality, Mens Rea, strict liability, elements of criminal liability. Comparative criminal law and constitutional law. Constitutional law: judicial review, electoral processes. Legal philosophy and jurisprudence: general jurisprudence, ontology of law, common law theory.

Keywords

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

Recognition

Representations

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

Co-editor of the Criminal Law and Practice Review 2014

Awards and Honours

Provost's Teaching Award (early career) winner 2014

Shortlisted for Provost's Teaching Award 2013

TCD Postgraduate Studentship 2007

Sir Jack Jacob Prize for Civil Justice, UCL 2006

Memberships

Irish Jurisprudence Society 2007 – present

Irish Association of Law Teachers (IALT)

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 in 2003 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 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.

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 FYRO 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 modules in Penology and the Prison System at Trinity College Dublin and is the coordinator of the Undergraduate Dissertation 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. Professor Rogan is a representative of Ireland on the International Penal and Penitentiary Foundation, a body with advisory status to the United Nations. She is a 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

Mary Rogan, Experiencing Human Rights Protections in Prisons: the Case of Prison Monitoring in Ireland , European Journal of Criminology , 2020 Journal Article, 2020

Dr. Eva Aizpurua and Professor 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 Journal Article, 2020

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] Book Chapter, 2019

'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] Book Chapter, 2019

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 Journal Article, 2019 URL TARA - Full Text

Mary Rogan, Prison Inspection and Monitoring: The Need to Reform European Law and Policy, European Journal on Criminal Policy and Research , 2019, p1 - 21 Journal Article, 2019 TARA - Full Text

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] Book Chapter, 2019

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 Journal Article, 2019 TARA - Full Text URL

Mary Rogan , Judges and resisting penal policy, Howard Journal of Crime and Justice , 57, (3), 2018, p321-338 Journal Article, 2018 TARA - Full Text

Mary Rogan and David Perry, Report on Expert Interviews, Ireland, 2018 Report, 2018 URL

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 Journal Article, 2018

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 Journal Article, 2018 TARA - Full Text

Mary Rogan, Remission of Prison Sentences: Emerging Principles, Dublin University Law Journal, 40, (1), 2017, p217 - 231 Journal Article, 2017 TARA - Full Text

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 Report, 2017 URL

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] Book Chapter, 2017

Mary Rogan, Human rights and correctional healthcare: a view from Europe, International Journal of Prisoner Health, 13, (1), 2017, p1-7 Journal Article, 2017 URL TARA - Full Text

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 Report, 2017 TARA - Full Text

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] Book Chapter, 2017

Mary Rogan and David Perry, DETOUR - Towards Pre-trial Detention as Ultima Ratio, Country Briefs, Country Briefs, Ireland, November , 2017 Report, 2017 URL

David Perry and Mary Rogan , Pre-trial detention as a measure of last resort: first national report on Ireland, Dublin , 2016 Report, 2016 TARA - Full Text URL

Mary Rogan Ivana Bacik, Legal Cases that Changed Ireland, Dublin , Clarus Press, 2016, 1-131pp Book, 2016

Mary Rogan and David Perry, DETOUR - Towards Pre-trial Detention as Ultima Ratio, Second National Report, Expert Interviews, Ireland, First national report , 2016 Report, 2016 TARA - Full Text

Community-based research in, editor(s)Laura Cahilliane Jennifer Schweppe , Legal Research Methods Principles and Practicalities, Dublin , Clarus Press, 2016, pp89 - 106, [Mary Rogan] Book Chapter, 2016 TARA - Full Text

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 ] Book Chapter, 2016

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] Book Chapter, 2016

Mary Rogan, The European Court of Human Rights, Gross Disproportionality and Long Prison Sentences, Public Law, 1, 2015, p22 - 39 Journal Article, 2015

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 ] Book Chapter, 2014

Mary Rogan , 'Out of balance: disproportionality in sentencing ', Penal Reform International , 2014, - Broadcast, 2014 URL

Mary Rogan , Driving penal reform, 2014 Working Paper, 2014 URL

Mary Rogan, Prison Law, 1st, Bloomsbury Professional, 2014, 1 - 462pp Book, 2014 URL

Mary Rogan, Book Review: O'Sullivan, E. & O'Donnell, E. (2012). Coercive Confinement in Ireland. Patients, Prisoners and Penitents, 2014, - Miscellaneous, 2014

Mary Rogan, Prison policy in times of austerity: reflections from Ireland, Prison Service Journal, May, 2013, p9 - 15 Journal Article, 2013

Mary Rogan, Prisoners' rights and the separation of powers: comparing approaches in Ireland, Scotland and England and Wales, Public Law, July, 2013, p415 - 425 Journal Article, 2013

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 Journal Article, 2013

Mary Rogan, Improving Criminal Justice Data and Policy, Economic and Social Review, 43, (2), 2012, p303 - 323 Journal Article, 2012

Mary Rogan , Rehabilitation, Research and Reform: Prison Policy in Ireland , Irish Probation Journal, 9, 2012, p6 - 32 Journal Article, 2012

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 Review, 2012

Mary Rogan, Dealing with overcrowding in prisons: contrasting judicial approaches from the USA and Ireland, Irish Jurist, 47, 2012, p195- Journal Article, 2012

Mary Rogan, Brown, Governor of California v. Plata et al, Modern Law Review, 2012, p261 - 274 Journal Article, 2012

Mary Rogan, Day et al, Transitions to Better Lives, 2011, - Miscellaneous, 2011

Mary Rogan, The innocence rights of sentenced offenders, Irish Journal of Legal Studies, 2, 2011, p55 - 62 Journal Article, 2011 TARA - Full Text

Mary Rogan, Prison Policy in Ireland: Politics, Penal-Welfarism and Political Imprisonment, 1st, Abingdon, Routledge, 2011, 1 - 246pp Book, 2011 URL

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 Journal Article, 2011

Mary Rogan, The Innocence Rights of Sentenced Offenders, Irish Journal of Legal Studies, 2, (1), 2011, p55 - 66 Journal Article, 2011 URL

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 Review, 2011

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 Review, 2011

Mary Rogan, Tonry, Thinking about Punishment, 2010, - Miscellaneous, 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 Review, 2010

Mary Rogan, Charles Haughey, the Department of Justice and Irish Prison Policy during the 1960s, Administration, 57, (3), 2010, p65 - 86 Journal Article, 2010

Rogan, Mary, Crewe, The Prisoner Society: Power, Adaptation and Social Life in an English Prison, 2010, - Miscellaneous, 2010

Mary Rogan, Prison policy in Ireland: an historical overview, Prison Service Journal, 186, 2009, p3-13- Journal Article, 2009

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- Journal Article, 2009

Mary Rogan, Visiting committees and accountability in the Irish prison system: some proposals for reform, Dublin University Law Journal, 31, 2009, p298 - 323 Journal Article, 2009

Mary Rogan, The Prison Rules 1947: Political Imprisonment, Politics and Legislative Change in Ireland, Irish Jurist, 43, 2008, p89- Journal Article, 2008

Non-Peer-Reviewed Publications

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 Invited Talk, 2020

Mary Rogan & Sophie van der Valk , Prisoner Complaints Mechanisms: Assessing Human Rights Requirements and the Role of a General Ombudsman, European Public Law, 2020 Journal Article, 2020

Eva Aizpurua & Mary Rogan, Correctional Oversight Bodies' Resources and Protections Across the European Union: are their Hands Tied? , 2020 Journal Article, 2020

Dr. Ciara O'Connell and Professor 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, 2020 Conference Paper, 2020

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 Invited Talk, 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 Oral Presentation, 2019

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 Invited Talk, 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 Oral Presentation, 2019 TARA - Full Text

Mary Rogan and Sophie Van der Valk, Complaints procedures in prisons and recent case law, Public Law Conference , UCD , 23rd May, 2019, 2019 Conference Paper, 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 Oral Presentation, 2019 TARA - Full Text

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 Oral Presentation, 2019

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 Invited Talk, 2018

Mary Rogan, Pre-trial detention in Ireland, Pre-trial detention conference, University of Leiden, 2018 Invited Talk, 2018

Mary Rogan, The Purposes of Punishment, Irish Prison Service (IPS) meeting of The Strategy and Policy Group (SPG) , Portlaoise, 12 June 18, 2018 Oral Presentation, 2018

Mary Rogan, human rights in prisons and the role of inspection and monitoring, Global Brain Health Institute, Trinity College, Dublin, 18 July, 2018, GBHI Invited Talk, 2018

Mary Rogan, We have a rare window to reform justice system, 2018, - Miscellaneous, 2018 URL TARA - Full Text

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 Oral Presentation, 2018 TARA - Full Text

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 Invited Talk, 2018 TARA - Full Text

Mary Rogan, Opening Statement to the Joint Committee on Justice and Equality on the Bail (Amendment) Bill 2017, 5 December , 2018 Invited Talk, 2018 TARA - Full Text

Mary Rogan, The Future of Policing , Behind the Headlines, Synge Theatre, Trinity College, 21 February , 2018, Trinity Long Room Hub Arts & Humanities Research Institute Invited Talk, 2018 TARA - Full Text

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 Report, 2018 TARA - Full Text

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 Report, 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 Invited Talk, 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 Invited Talk, 2018 URL

Mary Rogan, The effects of incarceration and aging, Head Space 2018, Trinity College, Dublin, 27 April, 2018, Creative Aging International Invited Talk, 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 Report, 2018 TARA - Full Text URL

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 Report, 2017 TARA - Full Text

Mary Rogan, The evolving role of imprisonment in Ireland, Law Society Annual Human Rights Conference, Dublin, October , 2017, Law Society Invited Talk, 2017

Mary Rogan, Through the lens of liberty or detention: the starting point for decisions on pre-trial detention, DETOUR conference, Vienna, November , 2017, DETOUR Invited Talk, 2017

Mary Rogan , Landmarks in Irish penal history, Parnell Summer School, Avondale, Co. Wicklow, Ireland, August , 2017 Invited Talk, 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 Report, 2017 TARA - Full Text

Mary Rogan, Inspection and Monitoring of Prisons: the role of European human rights law, European Society of Criminology, Cardiff, September 2017, 2017 Conference Paper, 2017

Mary Rogan and Sophie van der Valk, Ireland and OPCAT six years on: have things changed?, Ireland, 2017 Report, 2017 URL

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 Conference Paper, 2017

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 Conference Paper, 2017

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 Conference Paper, 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 Conference Paper, 2017 TARA - Full Text

Mary Rogan, Sarah Curristan, Ray O'Keefe, Sophie van der Valk , Submission on the Proposed Inspectorate for Places of Detention , May, 2017 Report, 2017 TARA - Full Text

Mary Rogan, Inspection and Monitoring of Prisons in the commentary to the European Prison Rules , PCCP Plenary Meeting, Strasbourg, France, 2017 Invited Talk, 2017

Mary Rogan, Correctional oversight: comparing Europe and the USA, American Society of Criminology, Philadelphia, November 2017, 2017 Conference Paper, 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 Invited Talk, 2017 TARA - Full Text

Mary Rogan, Inspection and monitoring of prisons, Ethics of Vulnerability conference, Dublin, November , 2017, UCD Centre for Ethics in Public Life Invited Talk, 2017

Mary Rogan , Prison inspection: international human rights standards, Skopje, FYRO Macedonia, 2016, Council of Europe Invited Talk, 2016

Mary Rogan , Overuse of imprisonment and minimising prisonisation, International Penal and Penitentiary Foundation Colloquium , Helsinki, Finland, 2016 Invited Talk, 2016

Mary Rogan , 'The Syrian who did us all some service by suing the State" ', The Irish Times , 2016, - Broadcast, 2016 URL

Mary Rogan , Internal Prison Inspection: Human Rights standards and examples of practice in Europe, 2016, - Miscellaneous, 2016

Lynsey Black and Mary Rogan , The Inspector of Prisons' reports into deaths in custody, the National Steering Committee on Deaths in Custody, 2016 Invited Talk, 2016

Ivana Bacik Mary Rogan , Briefing Paper on the findings of 'Changing Ireland, Changing Law , 2016, - Miscellaneous, 2016

Mary Rogan , Current issues in the Irish Prison System, Waterford Institute of Technology, 2016 Invited Talk, 2016

Mary Rogan, Prison Law: remission and visits , Dublin City University/Ireland, 2015 Invited Talk, 2015

Mary Rogan, Penal policy: politics, penal-welfarism and political imprisonment , Pitzer College, California/United States of America., 2015 Invited Talk, 2015

Mary Rogan, Release and visits , Criminal Law Forum of practitioners and academics , King's Inns, Dublin, Ireland, 2015 Invited Talk, 2015

Mary Rogan, Prisons and accountability: the role of rights' protection , Human Rights Centre, National University of Ireland, Galway, 2015 Invited Talk, 2015

Mary Rogan, Prisons and the law, National University of Ireland/Maynooth. , 2015 Invited Talk, 2015

Mary Rogan, Legal issues and solitary confinement: the Irish perspective , American Society of Criminology Conference, Roundtable Sessions, 2015 Invited Talk, 2015

Mary Rogan, Prison inspection: purpose and principles, Kyiv, Ukraine, 2015, Council of Europe Invited Talk, 2015

Mary Rogan , 'La renición de cuentas en nuestras prisones', Justicia+, El Institutio de Justicia Procesal Penal, Mexico, 2015, - Broadcast, 2015 URL

Mary Rogan , Remission of sentences, Constitutional Law: An Update, University College Dublin , 2015 Invited Talk, 2015

Mary Rogan , How Ireland might ratify OPCAT, Conference on Securing Accountability , Dublin, Ireland, 2015, Irish Penal Reform Trust Invited Talk, 2015

Mary Rogan , Parenting and prisons: a human rights perspective, Conference on prison education and re-entry, Dublin Institute of Technology, 2015 Invited Talk, 2015

Mary Rogan, 'What happens when a pregnant woman or nursing mother gets sent to jail', thejournal.ie, 2014, - Broadcast, 2014 URL

Mary Rogan, The Rule of Law and Access to Justice in Prisons, Burren Law School, Burren/Ireland, 2014 Invited Talk, 2014

Mary Rogan , '"Pregnancy, childbirth and motherhood in prison', Pregnancy Research Network , 2014, - Broadcast, 2014 URL

Mary Rogan, Prison Policy in Ireland, School of Law, Trinity College Dublin/Ireland, 2014 Invited Talk, 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 Invited Talk, 2014

Mary Rogan, The role of the courts in Ireland; Improving conditions related to detention, European Rights Academy, Council of Europe, Strasbourg , 2014 Invited Talk, 2014

Mary Rogan, Understanding penal change: north and south , Irish Criminology Conference, University College Dublin/Ireland, 2014 Invited Talk, 2014

Mary Rogan , Models of penal reform, US-European Criminal Justice Innovation Programme, 2014, University of California, San Francisco, Prison Law Office Invited Talk, 2014

Mary Rogan, Driving penal reform, Scottish Association for the Study of Offending, Dunblane/Scotland, 2013 Invited Talk, 2013

Mary Rogan, Rehabilitation, research and reform: Prison policy in Ireland, Martin Tansey Memorial Lecture, Association for Criminal Justice Research and Development, Dublin/Ireland, 2012 Invited Talk, 2012

Mary Rogan, Prison Conditions Under Irish Law and the European Convention on Human Rights , Dublin , 2012, 1-27 Report, 2012 URL

Mary Rogan, Taking Prison Law Cases: A Practical Approach, Dublin , 2012, 1-11 Report, 2012 URL

Rogan, Mary, Deaths in Prison Custody: Information for Families and Others Affected, Dublin , Irish Penal Reform Trust, June, 2012, 1-28 Report, 2012 URL

Mary Rogan, Accountability Structures and the Law Regulating Irish Prisons , Dublin , Irish Penal Reform Trust , June, 2012, 1-29 Report, 2012

Mary Rogan, The Determinants of Penal Policy in Ireland, Society for the Study of Deviance and Social Control, Chambery/France, 2011 Invited Talk, 2011

Mary Rogan, , , 1998 Journal Article, 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

Keywords

accountability in prisons; human rights in prison; Prison; Prison Law; prison oversight; prison policy; prison policy in ireland; Prisoner health

Recognition

Representations

Book review editor and member of international editorial board, Howard Journal of Crime and Justice 09/18 -

Member of the inaugural Department of Justice and Equality Research Advisory Group 07/18 -

Reviewer, Child and Family Law Quarterly 2018

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 2015 -

Appointed by the Central Statistics Office to the Expert Group on Crime Statistics 2015 -

Appointed by the Minister for Justice and Equality to the Working Group conducting a Strategic Review of Penal Policy in Ireland 2014

Chairperson, Irish Penal Reform Trust (foremost NGO on penal affairs in Ireland) 2010 - 2014

Elected to the International Penal and Penitentiary Foundation in respect of Ireland: advisory body to the United Nations 2013 -

Board member, Irish Association for the Social Integration of Offenders 2010-

Member of the interim Board of the Victims' Rights Alliance 2016 -

Chairperson, Advisory Board, Prisoner Support Network (Pathways Project and Care After Prison) 2015

Invited research collaborator, Confederation of European Probation 2017 -

External Examiner, School of Law and Government, Dublin City University/Ireland: LLB (Law and Society) and LLM programmes 2015 -

External Examiner, Criminal Justice, Waterford Institute of Technology/Ireland 2015 -

Reviewer, Palgrave Macmillan 2014 -

Reviewer, University of Monash Law Review 2014 -

Reviewer, Routledge 2012 -

External Examiner, Sligo Institute of Technology, (Higher Certificate in Custodial Care, Law programmes) 2010 - 2014

External Examiner, Letterkenny Institute of Technology (Law) 2009 - 2012

Academic Advisor, Trinity College Law Review 2006 -

Organiser of a public event on 'Changing Ireland, Changing Law' selected for inclusion in PROBE: Research Uncovered event at Trinity College Dublin/Ireland 2016

Presented to the Joint Oireachtas Committee on Justice, Defence and Equality on research into public interest law and strategic litigation 2015

Invited contributor, Prison Health and Policy Workshop, organised by Dr. Catherine Cox, UCD and Prof Hilary Marland, University of Warwick, funded by the Wellcome Trust 2017

Presentation on "The impact of ERC funding", European Research Council Day, Royal Irish Academy, Dublin/Ireland 2016

Chair of roundtable on parole reform, organised by the Irish Penal Reform Trust, Dublin/Ireland 2016

Invited participant in "Public Criminology" session, Waterford Institute of Technology Autumn Criminology School, Blackwater Castle/Ireland 2016

Honorary Lifetime Member, Irish Penal Reform Trust 2014 -

Awards and Honours

British Institute of International and Comparative Law Visiting Fellowship 2014

Teaching Excellence Award/Dublin Institute of Technology 2012

James Murnaghan Memorial Prize/Honorable Society of King's Inns 2010

Simms' prize for best performance in BCL examination in Crime, Justice and the Penal System/University of Oxford 2004

Trinity College Postgraduate Studentship/Trinity College Dublin 2004-2007

Graduate Bursary/University of Oxford 2004

Selected by Trinity College Dublin to participate in the LFHE Aurora programme 2016-2017

Réalt Scholarship/Dublin Institute of Technology 2008-2010

Memberships

Barrister-at-Law 2011

Director, Irish Association for the Social Integration of Offenders 2012

Chairperson, Irish Penal Reform Trust 2010 – 2014

Member, Division on Corrections and Sentencing, American Society of Criminology 2012 – 2017

Member, Irish Women Lawyers' Association 2015

Member of the interim Board, Victims' Rights Alliance 2016

Member of the Irish Association for Criminal Justice Research and Development 2015

Convenor, 'Cultural and Legal Lives of Incarceration' Network, Law and Society Association 2011 – 2013

Member of the International Society for Public Law 2017

Suryapratim Roy, Convenor


Mr. Suryapratim Roy
Assistant Professor, Law

Biography

I'm delighted to join Trinity as an Assistant Professor in Regulatory Law. I will be lecturing Environmental Law on the LLB Programme and Law & Risk on the LLM Programme. 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

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] Book Chapter, 2021

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, [Suryapratim Roy] Book Chapter, 2021 URL

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, [Suryapratim Roy] Book Chapter, 2020 URL

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] Book Chapter, 2020 URL

Suryapratim Roy, Urgenda II and its Discontents , Carbon and Climate Law Review , 13, (2), 2019, p130 - 141 Journal Article, 2019 URL

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 Conference Paper, 2019 URL

Suryapratim Roy, Never Any End to an Event: A review essay on Law and Historical Memory, Journal of Comparative Law, 18, (1), 2018, p15 Journal Article, 2018

Suryapratim Roy, Distribution as the Organising Principle of Environmental Regulation, German Law Journal , 19, (3), 2018, p649 - 664 Journal Article, 2018 TARA - Full Text

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 Thesis, 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] Book Chapter, 2017

Suryapratim Roy, Situating Urgenda v. The Netherlands within Comparative Climate Litigation, Journal of Energy and Natural Resources Law, 34, (2), 2016, p165- Journal Article, 2016

Suryapratim Roy/Dimitry Kochenov, The Quality of Nationality in China and India, The Henley-Kochenov Quality of Nationality Index 2016, Henley & Partners, 2016, 7 Report, 2016

Suryapratim Roy, Agency as Responsiveness, European University Institute Department of Law Research Paper No. 2016/04, 2016 Working Paper, 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- Journal Article, 2016

Suryapratim Roy, Urgenda v. The Netherlands: A new climate change constitutionalism?, Nederlands Tijdschrift voor Energierecht, 5, 2015, p75- Journal Article, 2015

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] Book Chapter, 2015

Suryapratim Roy & Giulia Mennillo, Ratings and Regulation: A case of an irreversible marriage? Harvard Weatherhead Center for International Affairs Working Paper, 2014 Working Paper, 2014

Suryapratim Roy, Privileging (some forms of) Interdisciplinarity and Interpretation: Methods in Comparative Law, International Journal of Constitutional Law, 12, (3), 2014, p786 - 807 Journal Article, 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] Book Chapter, 2012

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 Report, 2012

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] Book Chapter, 2010

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 Report, 2010

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 Report, 2010

Suryapratim Roy, The Bengali Press 1800-1850, Journal of the Calcutta Historical Society, 122, 2004, p77 - 89 Journal Article, 2004

Non-Peer-Reviewed Publications

Suryapratim Roy, Negotiating Interdisciplinarity in Environmental Law, Asian Development Bank- United Nations Environment Programme 'Train the Trainers' Workshop, New Delhi, November 2020, 2020 Oral Presentation, 2020 URL

Suryapratim Roy, The Visual Culture of Law, Panel on Invisible Institutionalisms, Law and Society Association Annual Conference, Denver, May 2020, 2020 Oral Presentation, 2020

Suryapratim Roy, Human Rights and Democracy after COVID-19, June 2, 2020, Trinity College Dublin Meetings /Conferences Organised, 2020 URL

Suryapratim Roy, Law and the Non-human, Workshop on Animal Rights, University of Cambridge, March 2020, 2020 Oral Presentation, 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, - Miscellaneous, 2020 URL

Suryapratim Roy & Rahul Sambaraju , Indian citizenship has now been reduced to 'us' versus 'them', The Conversation, 2020, - Miscellaneous, 2020 URL

Suryapratim Roy, I Will Surive, Review of The Wall, by John Lanchester , India Today, 2019 Review, 2019 URL

Suryapratim Roy, What is Residency?, Critical Perspectives in Investment Migration, Geneva, July , 2019 Oral Presentation, 2019

Suryapratim Roy, Is Climate Change an Issue of Human Rights, The Irish Times, October 15, 2019, 2019, - Miscellaneous, 2019 URL

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 Oral Presentation, 2019

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 Review, 2019 URL

Suryapratim Roy, Comparative Climate Litigation and Human Rights, European Society of International Law Climate Change Conference, Dundee, September, 2019, University of Dundee Invited Talk, 2019

Suryapratim Roy, Against Apathy, Review of Ice on Fire, India Today, 2019 Review, 2019

Suryapratim Roy , Behavioural Studies and Legal Theory, Irish Jurisprudence Society , Dubln , December, 2018 Oral Presentation, 2018

Suryapratim Roy, Memory Rule of Law, Legal Governance of Historical Memory in Comparative Perspective, The Hague, The Netherlands, October , 2018, The Asser Institute Invited Talk, 2018

Suryapratim Roy, Locating Agency in Automated Behaviour, 28th Congress of the International Association for the Philosophy of Law, July, 2017 Oral Presentation, 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 Invited Talk, 2016

Suryapratim Roy, Polycentric Governance in the European Union and the Rule of Law, UACES 46th Annual Conference, London, September, 2016 Oral Presentation, 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 Review, 2014

Dimitry Kochenov & Suryapratim Roy, ''Turning EU Citizenship into a viable tool of EU Federalism'', Verfassungsblog, 2013, - Digital research resource production, 2013

Recognition

Representations

Visiting Lecturer, Bocconi University, Milan 2017

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 2019

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) 2020

Irish Association of Law Teachers (IALT) 2020

Academic Association for Contemporary European Studies (UACES) 2015

European Union Studies Association 2016

Society for Environmental Law and Economics (SELE) 2014

Human Development and Capabilities Association 2015

International Society of Public Law

Dutch Energy Law Association 2014

Bar Council of India 2008

Law and Society Association 2017

Rachael Walsh


Dr. Rachael Walsh
Assistant Professor, Law

Biography

I am an Assistant Professor at the School of Law, teaching and researching in the areas of property law and theory and constitutional law and theory. I previously worked as a Lecturer in Law at King's College London, and prior to that, as an Adjunct Professor at Trinity College Dublin.

My particular research focus is on the interface between property law and constitutional law, which concerns the complex relationship between public law (regulating the individual/state relationship) and private law (regulating private relationships). I also work extensively on issues of property theory. Accordingly, my research captures issues in land law, property law and theory, constitutional law and theory, environmental law, planning law and human rights law. My current research projects include a monograph exploring the impact of economic crisis on judicial protection for private property rights, forthcoming with Cambridge University Press in 2019 and work on the role of deliberative forums in driving constitutional change processes.

Publications and Further Research Outputs

Peer-Reviewed Publications

Oran Doyle, Participatory Democracy in Ireland: Citizens' Assemblies, Studi Senesi, 131, 2019, p485 - 496 Journal Article, 2019

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] Book Chapter, 2018

GW Hogan, GF Whyte, D Kenny, R Walsh, Kelly: The Irish Constitution, Fifth edition, Dublin, Bloomsbury Professional, 2018, 1 - 2765pp Book, 2018

Rachael Walsh and Lorna Fox O'Mahony, Land Law, Property Ideologies and the British Irish Relationship, Common Law World Review, 47, 2018, p7 - 34 Journal Article, 2018 DOI

Rachael Walsh, Property, Human Flourishing, and St Thomas Aquinas: Assessing a Contemporary Revival, Canadian Journal of Law and Jurisprudence, 31, (1), 2018, p197 - 222 Journal Article, 2018 DOI

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] Book Chapter, 2017

Gerard Hogan, David Kenny, Rachael Walsh, An Anthology of Declarations of Unconstitutionality, Irish Jurist, 54, 2015, p1 - 35 Journal Article, 2015

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] Book Chapter, 2015

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] Book Chapter, 2015

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 Journal Article, 2015

Expropriation in Ireland in, editor(s)Jacques Sluysmans, Emma Waring, Stijn Verbist , Expropriation Law in Europe, Netherlands, Wolters Kluwer, 2015, [Rachael Walsh] Book Chapter, 2015

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 Journal, 2013

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- Journal Article, 2013

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] Book Chapter, 2013

Rachael Walsh , Private Property Rights in the Drafting of the Irish Constitution - A Communitarian Compromise, Dublin University Law Review, 33, 2011, p86- Journal Article, 2011

Rachael Walsh , Integrating Proportionality into Public Authority Possession Applications - Conclusive Answers from the Supreme Court?, King's Law Journal, 22, 2011, p414- Journal Article, 2011

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- Journal Article, 2010

Rachael Walsh , Property in the Margins, King's Law Journal, 21, 2010, p591- Review Article, 2010

Rachael Walsh , The Constitution, Property Rights and Proportionality - A Reappraisal, Dublin University Law Journal , 31, 2009, p1- Journal Article, 2009

Non-Peer-Reviewed Publications

Rachael Walsh, Compensation for Expropriation - 'Democratic Discounting', Rethinking Expropriation: Compensation for Expropriation, University of Cape Town, 7-9 December 2016, 2016 Conference Paper, 2016

Rachael Walsh, Tanya Aplin, Leslie Turano-Taylor, The Public/Private Interface of Property, King's Law Journal, 24, (2), 2013, p1- Journal Article, 2013

Rachael Walsh , The Constitutive Role of the Right to be Heard, Core Principles of Expropriation Law Colloquium, The Hague, 18th June 2016 Conference Paper,

Research Expertise

Description

I am an internationally recognised expert in property law (English and Irish) and in particular, the constitutional protection of private property rights. My research scrutinises the relationship between private property rights and public policy in the context of issues like environmental and planning regulation, housing and mortgages law, austerity measures (e.g. in respect of pay and pensions), and compulsory purchase of land (e.g. for infrastructure development). Its central concern is with how property (itself a contested concept) shapes legislation and influences its application by administrators and judges. This means that it spans multiple subject areas in law and is of significance for the non-academic, as well as the academic, community, which allows me to build connections between my scholarship and external activities and issues. It also entails close critical scrutiny of property as a social institution and an individual right from a theoretical perspective. Highlights include: - Initiating and leading the Law School's involvement with the H2020 funded RESILENS project on resilient critical infrastructure development, which marked the first involvement of the Law School in a H2020 project. RESILENS was awarded €4091842.50 in EU FP7 funding in 2015 to conduct interdisciplinary research into the development and maintenance of resilient critical infrastructure and involved collaboration between academics, consultants and critical infrastructure developers and users, such as Irish Water. - Monograph forthcoming with Cambridge University Press in 2019, entitled 'Property and Social Justice: Progressive Property in Action', accepted for publication in a prestigious series, Cambridge Studies in Constitutional Law, following peer-review and review by the series editor. - International reputation established through peer-reviewed publications including leading general journals, the Law Quarterly Review and the Modern Law Review (ranking 2nd and 5th respectively amongst all UK based law journals (UK Research Excellence Framework 2014), and presentations at prestigious international conferences, such as Modern Studies in Property Law, and by invitation at the Expert Expropriation Group conferences. - Publication of the fifth edition of 'Kelly: The Irish Constitution', widely regarded as the seminal text on the Irish constitution, frequently cited by judges and legal practitioners, as well as in academic research. I am an equal co-author of this fifth edition, which was highly anticipated within the legal community, as the last edition was published in 2003.

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

Keywords

Constitutional Law; Environmental Law; Land Law; Planning Law; Property Law

Recognition

Representations

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. Jan 2016 to date

Appointed member of the Expert Advisory Group of the Citizen's Assembly on the Eighth Amendment, Fixed Term Parliaments, and Referendums. November 2015-April 2018

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. 2012 - to date

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. 2016-to date

Peer-reviewer, Cambridge University Press 2017-to date

Peer-reviewer. The Conveyancer journal. 2014 - to date

Member, Editorial Board, King's Law Journal 2011

Peer-reviewer, Dublin University Law Journal 2012-to date

National representative for Ireland for the 'Core Principles of European Expropriation Law' project. 2015

Member, Expert Group on Expropriation September 2013 to date

Awards and Honours

Provost's Teaching Award April 2018

Accelerated Advancement in the Assistant Professor grade April 2016

Ussher Award for PhD studies June 2008

Fulbright Scholar Award June 2007

Rodney Overend Educational Trust award for Ph.D. studies, June 2008

James Murnaghan Prize, The Honorable Society of the King's Inns July 2013

Gold Medal Award, TCD December 2007

Henry Hunter Hamilton Prize, TCD June 2007

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. January 2015 – to date

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 the centre's research activities and to its postgraduate programmes, through teaching and as a PhD examiner. November 2012

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. September 2013 – to date

Member, Society of Legal Scholars 2010 – to date

Founding Member, Property Frontiers Research Network: This is a research network of international mid-career property scholars working on cutting edge debates, which also aims to support career development and develop collaborative funding applications. April 2015

Member, Irish Association of Law Teachers 2018 – to date

Member, International Society of Public Law 2018 – to date

Member, Young Property Lawyers' Association 2008 – to date

Member, Association of Law, Property and Society 2015 – to date

Member, Irish Jurisprudence Society September 2008 – to date

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

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] Book Chapter, 2019

GW Hogan, GF Whyte, D Kenny, R Walsh, Kelly: The Irish Constitution, Fifth edition, Dublin, Bloomsbury Professional, 2018, 1 - 2765pp Book, 2018

Gerry Whyte, Lord Ellenborough's Law of Humanity and the Legal Duty to Relieve Destiitution, The Irish Jurist, Vol.60, 2018, p1 - 32 Journal Article, 2018

Judicial decisions as catalysts for social change in, editor(s)Eoin Carolan , Judicial Power in Ireland, Dublin, IPA, 2018, pp147 - 157, [Gerry Whyte] Book Chapter, 2018

Gerry Whyte, Social Inclusion and the Legal System: Public Interest Law in Ireland , Second edition, Dublin, Institute of Public Administration, 2015, 554 + liiipp Book, 2015

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] Book Chapter, 2014

Gerry Whyte, Judicial Capacity to enforce Socio-Economic Rights, Dublin University Law Journal, 37, 2014, p203 - 230 Journal Article, 2014

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] Book Chapter, 2013

Gerry Whyte, Constitutional Litigation and Disability Rights, Irish Jurist, 48, 2012, p303 - 322 Journal Article, 2012

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 Journal Article, 2010

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 Journal Article, 2007

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] Book Chapter, 2006

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 Journal Article, 2006

Gerry Whyte, Protecting Religious Ethos in Employment: A clash of cultures, Dublin University Law Journal, 27, 2005, p169 - 183 Journal Article, 2005

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 Journal Article, 2005

Whyte, G., Hogan, G., Kelly's The Irish Constitution, Fourth edition, LexisNexis, 2004 Book, 2004

Whyte, G., Social Inclusion and the Legal System: Public Interest Law in Ireland, IPA, 2002 Book, 2002

Whyte, G., The right to die and the Irish Constitution, European Public Law, 235, 1997 Journal Article, 1997

Whyte, G., Public interest litigation in Ireland - the emergence of the affirmative decree?, Dublin University Law Journal, 198, 1997 Journal Article, 1997

Whyte, G., Religion and the Irish Constitution, John Marshall Law Review, 725, 1997 Journal Article, 1997

Whyte, G., Gender and Equality in the Irish Social Welfare System, Irish Human Rights Yearbook, 50, 1995 Journal Article, 1995

Whyte, G., Education and the Constitution: convergence of paradigm and praxis, XXV-XXVII Ir. Jur., 69, 1992 Journal Article, 1992

Whyte, G., O'Dell, E., Welfare, Women and Unjust Enrichment, Industrial Law Journal, 304, 1991 Journal Article, 1991

Whyte, G., Social Welfare Law -the cohabitation rule, Dublin University Law Journa1, 187, 1989 Journal Article, 1989

Whyte, G., Part-time Workers under Labour and Social Welfare Law, Dublin University Law Journal, 74, 1989 Journal Article, 1989

Whyte, G., Welfare Law - Travellers and the Law, Dublin University Law Journal, 189, 1988 Journal Article, 1988

Whyte, G., The Family and the State -Irish Constitutional Law, St. Louis University Public Law Review, 237, 1988 Journal Article, 1988

Whyte, G., Legal action on behalf of the underprivileged - an evaluation of the test case strategy, Dublin University Law Journal, 102, 1986 Journal Article, 1986

Whyte, G., Kerr, A., Labour Law, Trade Disputes and the Constitution, Dublin University Law Journal, 187, 1984 Journal Article, 1984

Whyte, G., "And Justice for Some...", Dublin University Law Journal, 88, 1984 Journal Article, 1984

Whyte, G., Constitutional Law - the one judgment rule in action, Dublin University Law Journal, 273, 1983 Journal Article, 1983

Whyte, G., The applicability of the European Convention on Human Rights before the Irish courts, International Comparative and Law Quarterly, 856, 1982 Journal Article, 1982

Whyte, G., Constitutional protection and the European Convention on Human Rights -an Irish joke? The punchline, Modem Law Review, 541, 1981 Journal Article, 1981

Whyte, G., Industrial Relations and the Constitution, XVI Ir. Jur., 35, 1981 Journal Article, 1981

Non-Peer-Reviewed Publications

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] Book Chapter, 2019

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] Book Chapter, 2016

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 ] Book Chapter, 2016

Gerry Whyte , Guaranteeing Freedom of Religion in Contemporary Ireland, Doctrine and Life, 66, (8), 2016, p10 - 25 Journal Article, 2016

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] Book Chapter, 2015

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] Book Chapter, 2014

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] Book Chapter, 2013

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] Book Chapter, 2012

Gerry Whyte, The legal status of 'no foal, no fee' agreements, The Bar Review , 17, (3), 2012, p61 - 67 Journal Article, 2012

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] Book Chapter, 2011

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] Book Chapter, 2010

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] Book Chapter, 2009

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] Book Chapter, 2008

Providing Effective Access to Legal Services in, editor(s)Aibhlin McCrann , Memories, Milestones and New Horizons, Belfast, Blackstaff Press, 2008, pp115 - 134, [Gerry Whyte] Book Chapter, 2008

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] Book Chapter, 2008

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] Book Chapter, 2007

Gerry Whyte, The Moral Status of the Embryo, Medico-Legal Journal of Ireland, 12, (2), 2006, p77 - 82 Journal Article, 2006

Gerry Whyte, Socio-Economic Rights in Ireland: Judicial and Non-Judicial Enforcement, Bar Review, 11, (1), 2006, p27 - 31 Journal Article, 2006

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] Book Chapter, 2006

Gerry Whyte, Integrating Professional Practice and Religious Faith, Doctrine and Life, 55, (10), 2005, p18 - 29 Journal Article, 2005

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] Book Chapter, 2005

Rights and Judicial Activism in, editor(s)Fanning, Kennedy, Kiely, Quin , Theorising Irish Social Policy, UCD Press, 2004, [Whyte, G.] Book Chapter, 2004

Whyte, G., Social Welfare Law, Annual Review of Irish Law 2001, 2004 Journal Article, 2004

Whyte, G., Democracy and Multireligious Experience: Constitutional Dilemmas, Svensk Teologisk Kvartalskrift, 108, 2004, ` Journal Article, 2004

Whyte, G., Social Welfare Law, Annual Review of Irish Law 2003, 2004 Journal Article, 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.] Book Chapter, 2003

Whyte, G., Social Welfare Law, Annual Review of Irish Law 2000, 2002 Journal Article, 2002

Whyte, G., Social Welfare Law, Annual Review of Irish Law 1999, 2001 Journal Article, 2001

Whyte, G., Social Welfare Law, Annual Review of Irish Law, 1999 Journal Article, 1999

Whyte, G., Social Welfare Law, Annual Review of Irish Law, 1998 Journal Article, 1998

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] Book Chapter, 1998

Whyte, G., Social Welfare Law, Annual Review of Irish Law, 1998 Journal Article, 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 Journal Article, 1998

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.] Book Chapter, 1997

Whyte, G., Education, religion and an indeterminate constitution, Doctrine and Life, 274, 1997 Journal Article, 1997

Whyte, G., Social Welfare Law, Annual Review of Irish Law, 1997 Journal Article, 1997

Whyte, G., "The Constitutionalisation of Labour Law" (1994-5), Journal of the Irish Society for Labour Law, 208, 1996 Journal Article, 1996

Whyte, G., Natural Law and the Constitution, Irish Law Times, 8, 1996 Journal Article, 1996

Whyte, G., Annotation of Civil Legal Aid Act 1995, Irish Current Law Statutes Annotated, 32, 1996 Journal Article, 1996

Whyte, G., The White Paper: a lawyer's response, Vol. II Studies in Education: A Journal of Educational Research, 22, 1995 Journal Article, 1995

Whyte, G., Treacy, B. (editors), Religious Morality and Public Policy, Dominican Publications, 1995 Book, 1995

Whyte, G., Introduction, Religious Morality and Public Policy, 1995 Journal Article, 1995

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 Journal Article, 1995

Whyte, G., Social Welfare Law, Annual Review of Irish Law 1993, 1994 Journal Article, 1994

Whyte, G., Liability of personal representatives under the social welfare code, Gazette of the Incorporated Law Society of Ireland, 175, (1993), 1993 Journal Article, 1993

Constitutional Adjudication, Ideology and Access to the Courts in, editor(s)A. Whelan , Law and Liberty in Ireland, Oaktree Press, 1993, [Whyte, G.] Book Chapter, 1993

Education and the Constitution in, editor(s)D. Lane , Religion, Education and the Constitution, Columba Press, 1992, [Whyte, G.] Book Chapter, 1992

Abortion and the Law in, Abortion, Law and Conscience, Dominican Publications, 1992, [Whyte, G.] Book Chapter, 1992

Whyte, G., State Aid for Church Schools: Is it legal?, Doctrine and Life, Feb., 1992 Journal Article, 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.] Book Chapter, 1992

Whyte, G., Recent changes in the liabilities of personal representatives under the social welfare code, Gazette of the Incorporated Law Society of Ireland, 1991 Journal Article, 1991

Whyte, G., Report of the Review Group on the Treatment of Households in the Social Welfare Code: a Legal Perspective, Administration, 134, 1991 Journal Article, 1991

Whyte, G., Enforcing maintenance obligations through the welfare system, Gazette of the Incorporated Law Society of Ireland, 5, 1990 Journal Article, 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 Journal Article, 1990

Whyte, G., Reforming the social welfare appeals system, Irish Law Times, 198, 1989 Journal Article, 1989

Whyte, G., Social Welfare Law 1988/9: the year in review, Journal of the Irish Society for Labour Law, 66, 1989 Journal Article, 1989

Whyte, G., Note on the Social Welfare (No.2) Act 1989, Irish Current Law Statutes Annotated, 1989 Journal Article, 1989

Whyte, G., Constitutional protection for the married family, Irish Law Times, 115, 1989 Journal Article, 1989

Whyte, G. (editor), Sex Equality, Community Rights and Irish Social Welfare Law, ICEL, 1988 Book, 1988

Council Directive 79/7/EEC in Ireland in, Sex Equality, Community Rights and Irish Social Welfare Law, ICEL, 1988, [Whyte, G.] Book Chapter, 1988

Whyte, G., Social Welfare Law 1987/8: the year in review, Journal of the Irish Society for Labour Law, 82, 1988 Journal Article, 1988

Whyte, G., Protecting the married family on social welfare, Irish Law Times, 87, 1988 Journal Article, 1988

Whyte, G., Social Welfare payments and the assessment of damages in civil actions, Gazette of the Incorporated Law Society of Ireland, 281, 1987 Journal Article, 1987

Whyte, G., The Liability of personal representatives under the social welfare code, Gazette of the Incorporated Law Society of Ireland, 129, 1987 Journal Article, 1987

Law and Poverty in Ireland in, editor(s)W. Duncan , Law and Social Policy, Dublin University Law Journal, 1987, [Whyte, G.] Book Chapter, 1987

Whyte, G., Social Welfare Law 1986/7: the year in review, Journal of the Irish Society for Labour Law, 88, 1987 Journal Article, 1987

Whyte, G., Social Welfare Law 1985/6: the year in review, Journal of the Irish Society for Labour Law, 135, 1986 Journal Article, 1986

Whyte, G., An evaluation of the Report of the Commission on Social Welfare, Journal of the Irish Society for Labour Law, 81, 1986 Journal Article, 1986

Whyte, G., Kerr, A., Irish Trade Union Law, Professional Books, 1985 Book, 1985

Whyte, G., Vindicating statutory employment rights - an exercise in legalism, Irish Law Times, 201, 1984 Journal Article, 1984

Whyte, G., The European Convention on Human Rights and the closed shop, Gazette of the Incorporated Law Society of Ireland, 237, 1981 Journal Article, 1981

Whyte, G., The right of workers to choose their collective bargaining agents, Gazette of the Incorporated Law Society of Ireland, 53, 1981 Journal Article, 1981

Whyte, G., Nominal plaintiffs and the Irish Constitution, Gazette of the Incorporated Law Society of Ireland, 229, 1980 Journal Article, 1980

Whyte, G., Rationalising the Law on Picketing, Irish Law Times and Solicitors' Journal, 93, 1979 Journal Article, 1979

Research Expertise

Description

Public interest law, constitutional law, labour law, social welfare law, law and religion.

Keywords

Constitutional Law; Equaility Law; Labor Law; Law and religion; Public Interest Law; Social Welfare Law

Recognition

Representations

Ministerial appointee to Steering Group for Irish Council of People with Disabilities 1998-2001

Ministerial appointee to Commission on Assisted Human Reproduction 2002 to 2005

Member of EU Group of Experts on Convergence of Social Protection Policies 1992-1993

Ministerial appointee to selection panel for Irish Human Rights and Equality Commission designate 2012-13

Awards and Honours

Fellow of Trinity College

Researchers


Sahar Ahmed

David Campbell

Peter Dunne

Sonja Heppner

Robert Noonan

Abd Hakim Abd Raak

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