TriCON - Trinity Centre for Constitutional Law & Governance
Trinity College Law School
About 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
TRiCON is supported by the Erasmus+ Programme of the European Union through the Jean Monnet Centre of Excellence in Law and Politics, Trinity College Dublin.
Members
Ivana Bacik
Biography
Ivana Bacik LLB LLM (LOND), F.T.C.D., Barrister-at-Law. Ivana Bacik is the Reid Professor of Criminal Law, Criminology and Penology (1996). She has a Law degree from Trinity College Dublin and an LL.M. from the London School of Economics. She is a barrister, and teaches courses in Criminal law; Criminology; and Feminist Criminology at Trinity. She is also a Senator for Dublin University. Her research interests include criminal law and criminology, constitutional law, feminist theories and law, human rights and equality issues in law.
Publications and Further Research Outputs
Peer-Reviewed Publications
Ivana Bacik, '#MeToo, consent and prostitution - The Irish law reform experience, Women's Studies International Forum, 86, 2021, p1 - 8
The Offences Against the State Acts: Reflections from Practice and the Legislature in, editor(s)Mark Coen , The Offences Against the State Act 1939 at 80: A Model Counter-Terrorism Act?, Hart Publishing, 2021, pp203 - 219, [Ivana Bacik]
A Changing Landscape: Ireland and the #MeToo Movement' in, editor(s)Noel, A. and Oppenheimer, D. (Eds) , The Global #MeToo Movement: how social media propelled a historic movement and the law responded, USA, Full Court Press, 2020, pp139 - 146, [Ivana Bacik]
Bacik, Ivana, 'Legislating for the Nordic Model: Insights for Ireland, Part 1, Irish Law Times, 38, (17), 2020, p254 - 258
Bacik, Ivana, ""If Consent is Bought, It Is Not Freely Chosen": Compromised Consent in Prostituted Sex in Ireland, Dignity: A Journal on Sexual Exploitation and Violence, 5, (3), 2020, p1 - 10
Bacik, Ivana, 'Legislating for the Nordic Model: Insights for Ireland, Part 2, Irish Law Times, 38, (18), 2020, p270 - 274
Ivana Bacik, , 'A Feminist Perspective on Prostitution Law Reform under Part 4 of the Criminal Law (Sexual Offences) Act 2017' , Irish Criminal Law Journal, 29, (3), 2019, p58 - 67
McCarthy-Jones, S., Bulfin, A., Nixon, E., O'Keane, V., Bacik, I. & McElvaney, R., Associations Between Forced and "Persuaded" First Intercourse and Later Health Outcomes in Women, Violence Against Women, 25, (5), 2019, p528 - 548
Prostitution Law in, editor(s)Lynsey Black and Peter Dunne , Law and Gender in Modern Ireland, Oxford, Hart Publishing, 2019, pp21 - 38, [Ivana Bacik ]
Electoral Amendment (Political Funding) Act 2012 - Commentary' in, editor(s)Erika Rackley and Rosemary Auchmuty , Women's Legal Landmarks, Oxford, Hart Publishing, 2019, pp589 - 596, [Bacik, Ivana]
, ''Changing Ireland, Changing Law': Access to Justice and Understanding the Lived Experience' in, editor(s)Cahillane, Laura and Schweppe, Jennifer (Eds) , Case Studies in Legal Research Methodologies: Reflections on Theory and Practice, Dublin, Clarus Press, 2019, pp81 - 98, [Bacik, Ivana and Rogan, Mary]
Bacik, Ivana, Book Review of Shane Kilcommins et al, The Victim and the Irish Criminal Process. Manchester University Press, 2018, Criminal Law and Practice Review, 2, 2018, p133 - 136
Commentary on Foy v. An tArd Chláraitheoir in, editor(s)Mairead Enright, Julie McCandless and Aoife O'Donoghue , Northern/Irish Feminist Judgments, London, Bloomsbury, 2017, pp579 - 586, [Bacik, Ivana]
The Impact of the Constitution on Women's Rights in, editor(s)Alan Hayes and Maire Meagher , A Century of Progress? Irish Women Reflect., Dublin, Arlen House, 2016, [Bacik, Ivana]
Ivana Bacik and Mary Rogan, Legal Cases that Changed Ireland, Dublin , Clarus Press, 2016, 1-131pp
Bacik, Ivana, Bacik, Ivana, Review of Mary Rogan, Prison Law. London: Bloomsbury, 2014, Dublin University Law Journal, 38, (1), 2015
A Feminist Review of the Law on Abortion in, editor(s)Fischer, C. and McAuliffe, M. , Irish Feminisms: Past, Present and Future, Dublin, Arlen House, 2015, pp147 - 168, [Bacik, I.]
Bacik, I., History of Abortion Law in Ireland: Prospects for Change, Medico-Legal Journal of Ireland, 20, (2), 2014, p75 - 81
Bacik, I., 'Legislating for Article 40.3.3' , Irish Journal of Legal Studies , 3, (3), 2013, p18 - 35
Bacik, I., Derek Dunne, Judicial Review of Criminal Proceedings , Review of Derek Dunne, Judicial Review of Criminal Proceedings , by Derek Dunne , Irish Jurist , 49, (2013), 2013, p242-3
Bacik, I., 'The Irish Constitution and Gender Politics: Developments in the Law on Abortion' , Irish Political Studies , 28(3), (2013), 2013, p380 - 398
'The Politics of Sexual Difference: The Enduring Influence of the Catholic Church' in, editor(s)Giffney, N. and Shildrick, M. (eds) , Theory on the Edge: Irish Studies and the Politics of Sexual Difference., England, Palgrave MacMillan, 2013, pp17 - 28, [Bacik, I.]
Bacik, I. and Heffernan, L. (eds), Criminal Law and Procedure Review 2, Dublin, First Law, 2012
Bacik, I. and Heffernan, L. (eds), Criminal Law and Procedure Review, Dublin, First Law, 2011
I.C. Bacik and L. Heffernan, Criminal Law and Procedure: Current Issues and Emerging Trends, Dublin, First Law, 2009, 1 - 178pp
Recent Developments in the Law on Search Warrants in, editor(s)Bacik, Ivana and Heffernan, Liz , Criminal Law and Procedure: Current Issues and Emerging Trends, Dublin, First Law, 2009, pp35 - 52, [Bacik, Ivana]
Future Directions for the Constitution in, editor(s)Doyle, Oran and Carolan, Eoin , The Irish Constitution: Governance and Values, Dublin, Thomson Roundhall , 2008, pp135 - 146, [Bacik, Ivana]
Bacik, Ivana, Breaking the Language Barrier: Access to Justice in New Ireland, Judicial Studies Institute Journal, 2, 2007, p109-
E. Drew and I. Bacik, Struggling with Juggling: Gender and Work/Life Balance in the Legal Professions, Women's Studies International Forum, 29, (2), 2006, p136 - 146
'Law in a Republic' in, editor(s)Jones, M. (ed) , The Republic: Essays from the Thomas Davis Lecture Series., Dublin, Mercier Press, 2005, pp102 - 118, [Bacik, I.]
Bacik, I., Kicking and Screaming: Dragging Ireland into the Twenty-First Century, Dublin, O'Brien Press, 2004, 256pp
'Immigration and Citizenship Law: Implications of the Referendum Proposal' in, editor(s)Trinity College Law School , The Citizenship Referendum: Implications for the Constitution and Human Rights, Dublin, TCD Law School, 2004, pp34 - 47, [Bacik, I.]
Criminal Law in, editor(s)Kilkelly, U. , ECHR and Irish Law, Bristol, Jordan Publishing, 2004, pp151 - 180, [Bacik, I.]
Bacik, I., Costello, C. and Drew, E., Gender In Justice, Trinity College Law School, 2003
Bacik, I., Free Speech, the Common Good and the Rights Debate, Republic, 2003
Ivana Bacik, Cathryn Costello, Eileen Drew, Gender inJustice: feminising the legal professions, Dublin, Law School, Trinity College, 2003, 1 - 431pp
Ivana Bacik, Cathryn Costello and Eileen Drew, Gender inJustice: feminising the legal professions, Dublin, Trinity College Dublin. Law School, 2003, 1 - 431pp
Bacik, I., 'Gender InJustice - Women Lawyers' , Bar Review, 8, (6), 2003, p260 - 262
'Harassment' in, editor(s)Costello, C. and Barry, E. (eds) , Equality in Diversity: the New Equality Directives, Dublin, Irish Centre for European Law, 2003, [Bacik, I.]
'Feminism', Lalor, B., Encyclopaedia of Ireland, Dublin, Gill & Macmillan, 2003, [Bacik, I.]
Bacik, I. and Costello, C., 'Women in Law in Ireland' , Bar Review, 7, (4), 2002, p4 - 5
Women and the Criminal Justice System in, editor(s)O'Mahony, P. (ed) , Criminal Justice in Ireland, Dublin, IPA, 2002, [Bacik, I.]
Bacik, I., '"If it Ain't Broke?" A Critical View of the Law Reform Commission Consultation Paper on Homicide: Mental Element in Murder' , Irish Criminal Law Journal, 12, 2002, p6 - 9
The Practice of Sentencing in the Irish Courts in, editor(s)O'Mahony, P. (ed) , Criminal Justice in Ireland, Dublin, IPA, 2002, [Bacik, I.]
Bacik, I., 'Incorporation of the European Convention on Human Rights - What Effect will it have on Innocence, Silence and Legal Representation in Irish Criminal Law?' , Irish Criminal Law Journal, 11, 2001, p14 - 17
Bacik, I., 'Case and Comment: DPP v. Finn' , Irish Criminal Law Journal, 11, 2001, p22-
Bacik, I. and Livingstone, S., Towards a Culture of Human Rights in Ireland, Cork University Press, 2001
Bacik, I., 'Harassment' , Employment Law Today, 1, 2001, p32 - 42
'Sentencing Practice in Ireland: A Focus on the Concepts of Minimum and Mandatory Sentencing' in, editor(s)Binchy, W. and Sarkin, J. (eds) , Human Rights, the Citizen and the State: South African and Irish Approaches. , Dublin, Round Hall, 2001, [Bacik, I.]
Bacik, I., The Sex Offenders Bill 2000, Bar Review, 5, (7), 2000, p387 - 390
Bacik, I., Rape and the Law: the Quest for a Best-Practice Rape Law Model, Irish Journal of Feminist Studies, 4, 2000, p17 - 30
Bacik, I., 'The Sex Offenders Bill 2000' , Bar Review, 5, (7), 2000, p387 - 390
Bacik, I. and Baxter, M., 'Reflections on the Operation of the Bail Act 1997' , Practice and Procedure, 2, (3), 2000, p3 - 5
Bacik, I., 'Law Reform Commission Consultation Paper on Homicide: the Mental Element in Murder' , Dublin University Law Journal, 22, 2000, p264 - 269
Bacik, I., Consistent Sentencing?, Studies, 38, 1999, p164 - 174
'Legal Status of Pupils in the European Union: The Situation in Ireland' in, editor(s)De Groof, J. and Penneman, H. (eds) , The Legal Status of Pupils in Europe, London, Kluwer International, 1998, [Bacik, I.]
Bacik, I., O'Connell, M. (eds), Crime and Poverty in Ireland,, Dublin, Round Hall, 1998
Bacik, I., Maunsell, C. and Gogan, S., The Legal Process and Victims of Rape,, Dublin, Rape Crisis Centre, 1998
Bacik, I., Kelly, A., O'Connell, M. and Sinclair, H., Crime and Poverty in Dublin: an analysis of the association between community deprivation, District Court appearance and sentence severity, Irish Criminal Law Journal, 7, 1997, p104 - 133
Bacik, I., Kingston, J. and Whelan, A., Abortion and the Law, Dublin, Round Hall/Sweet & Maxwell, 1997
'Combating Discrimination: the affirmative action approach' in, editor(s)Byrne, R. and Duncan, W. (eds) , , Developments in Discrimination Law in Ireland and Europe, Dublin, Irish Centre for European Law, 1997, [Bacik, I.]
Bacik, I., 'The Bail Act 1997' , Practice and Procedure, 3, 1997, p7 - 9
Bacik, I., 'Abortion: Conflicting Rights, Duties and Arguments' , Medico-Legal Journal of Ireland, 3, 1997, p83 - 84
Bacik, I., 'Non-Fatal Offences Against the Person Act, 1997', Irish Current Law Statutes Annotated, 1997, p26-01 - 26-08
Non-Peer-Reviewed Publications
Bacik, Ivana, Book Review, Juno Mac and Molly Smith, Revolting Prostitutes: the fight for sex workers' rights. , Dublin Review of Books, (114), 2019, p1-4
Bacik, I. and Prendergast, D. (eds), Criminal Law and Practice Review, Dublin, Clarus Press, 2014, 1 - 166pp
Legislative Developments in Criminal Law and Procedure' in, editor(s)Bacik, I. and Prendergast, D. , Criminal Law and Practice Review, Dublin, Clarus Press, 2014, pp45 - 56, [Bacik, I.]
Bacik, I., 'Legislative Structures for Hospital Governance - Current Issues' , Administration, 62, 2014, p29 - 40
Reconstructive Potential in the Constitutional Convention in, editor(s)Dorgan, Theo , Foundation Stone: Notes Towards a Constitution for a 21st Century Republic, Dublin, New Island, 2014, pp42 - 65, [Bacik]
Bacik, Varieties of Democracy, Dublin, University of Gothenburg, 2013
Drew, Bacik, Coen, Report on Fundamental Rights Protection in Ireland, Dublin, EU Fundamental Rights Agency, 2012
Valiulis, Redmond, Bacik, Rogan, Woods, O'Driscoll, Brooke Hughes, Interdisciplinary Report on Prostitution in Ireland, Dublin, Irish Human Rights Commission, April, 2009, 1, 260
Bacik, Ivana, Report on Prostitution and Human Rights, Dublin, Irish Human Rights Commission, Centre for Gender and Women's Studies, Trinity Colllege Dublin, 2007
Bacik, Ivana; Heffernan, Liz; Brazil, Trish and Woods, Report on Services and Legislation Providing Support for Victims of Crime, Dublin, Department of Justice, Equality and Law Reform, 2007
Bacik, Heffernan, Brazil, Woods, Report on Services and Legislation Providing Support for Victims of Crime, 2007
Bacik, I., 'Gender InJustice' , Law Society Gazette, 98, (6), 2004, p16 - 16
Research Expertise
Description
Criminal Law, Criminology, Constitutional law, Equality and Human Rights law, Feminist Theory and LawProjects
- Title
- Varieties of Democracy
- Summary
- An international multi-disciplinary research project aimed at constructing a global index of democracy and governance
- Funding Agency
- University of Gothenburg/Swedish government
- Date From
- October 2013
- Date To
- December 2013
- Title
- Changing Ireland Changing Law
- Summary
- In 2015, Dr Mary Rogan and I were awarded Irish Research Council funding for 'Changing Ireland, Changing Law' (CICL), under the IRC 'Engaging Civic Society' stream of its New Foundations scheme, to promote public discussion and reflection on how law and social change interact in Ireland. Additional funding was also secured from the TCD Equality Fund and Arts & Social Sciences Benefactions Fund.
- Funding Agency
- Irish Research Council
- Date From
- 1 January 2015
- Date To
- 31 December 2016
Recognition
Representations
Editor, Irish Criminal Law Journal
Awards and Honours
Elected to Fellowship, Trinity College Dublin
Trinity College Dublin Entrance Exhibitionship and Sizarship
British Academy Studentship Award to L.S.E.
London School of Economics Bursary & Maintenance Award
Middle Temple Major Benefactors Award
Middle Temple Pupillage Award
Provost's Teaching Award
Memberships
Member, King's Inns, Dublin, 1994 - present Member, Middle Temple, London, 1992 - present Member, British Society of Criminology, 2003 - present Member, American Society of Criminology, 2004 - present Member, Irish Women Lawyers Association, 2003 - present
Mark Bell
Biography
Mark Bell is Regius Professor of Laws (a Chair founded in 1668) and a Fellow of Trinity College Dublin. After undergraduate studies at the University of Ulster, Mark completed a PhD at the European University Institute. He worked at the University of Leicester 1999-2014, including being Head of the School of Law 2011-2014. After joining Trinity in 2015, he was Head of the School of Law 2018-2021 and he is currently Director of Research in Law.
Mark is a member of: the Advisory Board of the Berkeley Center on Comparative Equality and Anti-Discrimination Law; the Board of Directors of the Irish Centre for European Law; the Editorial Board of the International Journal of Discrimination and the Law; and the Advisory Board of the University of Bergen project 'Life and Work in Balance: Legal Responses to Working Life in Times of Change and Crisis'. Previously, he was a member of the Irish Human Rights and Equality Commission's Future of Equality Law Advisory Committee and the European Commission's Network of Legal Experts on Non-Discrimination.
Mark has published extensively on Anti-Discrimination Law and Labour/Employment Law, particularly in relation to EU Law. He is the author of three monographs: Catholic Social Teaching and Labour Law: An Ethical Perspective on Work (OUP 2023); Racism and Equality in the European Union (OUP 2009); Anti-Discrimination Law and the European Union (OUP 2002). He is also co-editor of International and European Labour Law: A Commentary (Nomos 2018) and Cases, Materials and Text on National, Supranational and International Non-Discrimination Law (Hart Publishing 2007). His current research focuses on the relationship between religion and labour law.
See further: https://www.researchgate.net/profile/Mark_Bell21
Publications and Further Research Outputs
Peer-Reviewed Publications
Equal Treatment in, editor(s)Teun Jaspers, Frans Pennings, and Saskia Peters , European Labour Law, Cambridge, Intersentia, 2024, pp253 - 326, [Mark Bell and Ann Numhauser-Henning]
Ireland in, editor(s)Luca Ratti, Elisabeth Brameshuber and Vincenzo Pietrogiovanni , The EU Directive on Adequate Minimum Wages: Context, Commentary and Trajectories, Oxford, Hart Publishing, 2024, pp475 - 489, [Mark Bell and Alan Eustace]
Mark Bell, Religious Ordination Requirement and Mliitary Chaplains in Ireland, International Labor Rights Case Law, 10, 2024, p67 - 71
Accommodations in, editor(s)Guy Davidov, Brian Langille, and Gillian Lester , The Oxford Handbook of the Law of Work, Oxford, Oxford University Press, 2024, pp547 - 560, [Mark Bell]
Mark Bell, Catholic Social Teaching and Labour Law: An Ethical Perspective on Work, Oxford, Oxford University Press, 2023, 1 - 240pp
Mental Health, Discrimination and Employment Law in, editor(s)Brendan D Kelly and Mary Donnelly , Routledge Handbook of Mental Health Law, Routledge, 2023, pp403 - 420, [Mark Bell]
More than an Afterthought? Equality Law in Ireland during the Pandemic in, editor(s)Shreya Atrey and Sandra Fredman , Exponential Inequalities: Equality Law in Times of Crisis, Oxford, Oxford University Press, 2023, pp145 - 160, [Mark Bell]
International Journal of Discrimination and the Law, 23, 1, (2023), 4 - 180p, Mark Bell and Laverne Jacobs, [eds.]
Non-Discrimination Sexual Orientation, Oxford Encyclopedia of EU Law, Online, Oxford University Press, 2022, pp1-16 , [Mark Bell]
Non-Discrimination Religion/Belief, Oxford Encyclopedia of EU Law, Online, Oxford University Press, 2022, pp1-12 , [Mark Bell ]
Lisa Waddington, Mark Bell , The right to request flexible working arrangements under the Work-Life Balance Directive - a comparative perspective, European Labour Law Journal, 12, 2021, p508 - 528
EU Anti-Discrimination Law: Navigating Sameness and Difference in, editor(s)Paul Craig and Gráinne de Búrca , The Evolution of EU Law, OUP, 2021, pp651 - 677, [Mark Bell]
Mark Bell, Lisa Waddington , Similar yet different: the Work-Life Balance Directive and the expanding frontiers of EU non-discrimination law, Common Market Law Review, 58, 2021, p1401 - 1432
Article 20 - Equality Before the Law in, editor(s)Steve Peers, Tamara Hervey, Jeff Kenner, Angela Ward , The EU Charter of Fundamental Rights , Oxford, Hart Publishing, 2021, pp597 - 612, [Mark Bell]
Desmond Ryan and Mark Bell, Disability, Reasonable Accommodation and the Employer's Obligations: Nano Nagle School v Daly, Modern Law Review, 83, 2020, p1059 - 1071
Mark Bell , Fratelli Tutti: Pope Francis' Encyclical and Implications for Labour Law , 2020, -
Mark Bell , Bridging a Divide: A Faith-Based Perspective on Anti-Discrimination Law, Oxford Journal of Law and Religion, 9, 2020, p56 - 78
Mark Bell , People with intellectual disabilities and labour market inclusion: What role for EU labour law?, European Labour Law Journal, 11, 2020, p3-25
Rachael Walsh and Sarah Hamill (chapter authors) Deirdre Ahern and Suryapratim Roy (report editors), Policy Responses to Covid-19 In Ireland: Supporting Individuals, Communities, Businesses, and the Economy, COVID-19 Legal Observatory, Trinity College Dublin, December, 2020, p1 - 108
Equal Treatment in, editor(s)Teun Jaspers, Frans Pennings, and Saskia Peters , European Labour Law, Cambridge, Intersentia, 2019, pp131 - 200, [Mark Bell and Ann Numhauser-Henning]
Mark Bell , People with Intellectual Disabilities and Employment Discrimination Law: A US Case Study, International Journal of Comparative Labour Law and Industrial Relations, 35, 2019, p401 - 426
EU Equality Law and Precarious Work in, editor(s)Uladzislau Belavusau and Kristin Henrard , EU Anti-Discrimination Law Beyond Gender, Oxford, Hart Publishing, 2019, pp75 - 94, [Mark Bell ]
Mark Bell , Adapting Work to the Worker: the Evolving EU Legal Framework on Accommodating Worker Diversity, International Journal of Discrimination and the Law, 18, 2018, p124 - 143
Mark Bell , The Principle of Equal Treatment and the European Pillar of Social Rights, Giornale di Diritto del Lavoro e di Relazioni Industriali, 160, 2018, p783 - 810
Mark Bell , Pitfalls and Progress: Reasonable Accommodation for Workers with Disabilities in Ireland, Dublin University Law Journal, 41, (1), 2018, p77 - 100
Mark Bell , Leaving Religion at the Door? The European Court of Justice and Religious Symbols in the Workplace, Human Rights Law Review, 17, 2017, p1-13
Sexual Identity, Law and Social Change in, editor(s)Ivana Bacik and Mary Rogan , Legal Cases that Changed Ireland, Dublin, Clarus Press, 2016, pp63 - 70, [Mark Bell]
Mark Bell , Disability, rehabilitation and the status of worker in EU Law: Fenoll, Common Market Law Review, 53, (1), 2016, p197 - 208
Mark Bell , Mental Health, Law and Creating Inclusive Workplaces, Current Legal Problems , 69, 2016, p1 - 34
Mark Bell and Lisa Waddington, The Employment Equality Directive and supporting people with psychosocial disabilities in the workplace: a legal analysis of the situation in the EU Member States, Brussels, European Commission, December , 2016, p1 - 131
Mark Bell , Mental Health at Work and the Duty to Make Reasonable Adjustments, Industrial Law Journal, 44, 2015, p194 - 221
Mark Bell , Sickness Absence and the Court of Justice: Examining the Role of Fundamental Rights in EU Employment Law, European Law Journal, 21, 2015, p641 - 656
Article 20 in, editor(s)S Peers, T Hervey, J Kenner and A Ward , The EU Charter of Fundamental Rights: A Commentary, Oxford, Hart Publishing, 2014, pp563 - 577, [Mark Bell ]
Constitutionalization and EU Employment Law in, editor(s)H Micklitz , The Constitutionalization of European Private Law, Oxford, OUP, 2014, pp137 - 169, [Mark Bell ]
Occupational Health and Safety in the UK: At a Crossroads? in, editor(s)E Ales , Health and Safety at Work: European and Comparative Perspective, Alphen aan den Rijn, Kluwer Law International , 2013, pp375 - 410, [Mark Bell ]
Mark Bell , Between Flexicurity and Fundamental Social Rights: The EU Directives on Atypical Work, European Law Review, 37, 2012, p31 - 48
Mark Bell , Gender Identity and Sexual Orientation: Alternative Pathways in EU Equality Law, American Journal of Comparative Law , 60, 2012, p127 - 146
Mark Bell, Achieving the objectives of the Part-Time Work Directive? Revisiting the Part-Time Workers Regulations, Industrial Law Journal, 40, 2011, p254 - 279
Lisa Waddington and Mark Bell, Exploring the boundaries of positive action under EU law: a search for conceptual clarity, Common Market Law Review, 48, 2011, p1503 - 1526
British developments in non-discrimination law: the Equality Act in, editor(s)R Schulze , Non-Discrimination in European Private Law, Tubingen, Mohr Siebeck, 2011, pp209 - 231, [Mark Bell ]
The principle of equal treatment: widening and deepening in, editor(s)P Craig and G de Búrca , The evolution of EU law, Oxford, OUP, 2011, pp611 - 639, [Mark Bell ]
Mark Bell , Judicial enforcement of the duties on public authorities to promote equality, Public Law, 2010, p672 - 687
U Archibong, M Bell and L Waddington, Exploring positive action from a legal perspective in EU and non-EU countries', International Journal of Diversity in Organisations, Communities and Nations , 9, 2009, p43 - 53
Mark Bell , The implementation of European anti-discrimination Directives: converging towards a common model?, The Political Quarterly, 79, 2008, p36 - 44
Mark Bell, Racism and Equality in the European Union, Oxford, Oxford University Press, 2008, 1 - 227pp
Dagmar Schiek, Lisa Waddington and Mark Bell (eds), Cases, Materials and Text on National, Supranational and International Non-Discrimination Law, Oxford, Hart Publishing, 2007, 1 - 1118pp
Mark Bell , Civic citizenship and migrant integration', European Public Law, 13, 2007, p311 - 334
Mark Bell , Employment law consequences of the Civil Partnership Act 2004', Industrial Law Journal, 35, 2006, p179 - 185
Mark Bell , Equality and the European Union Constitution', Industrial Law Journal, 33, 2004, p242 - 260
Mark Bell , Holding back the tide? Cross-border recognition of same-sex partnerships within the European Union', European Review of Private Law, 5, 2004, p613 - 632
Mark Bell , A hazy concept of equality, Feminist Legal Studies , 12, 2004, p223 - 231
Mark Bell , A patchwork of protection: the new anti-discrimination law framework', Modern Law Review, 67, 2004, p465 - 477
Mark Bell , Implementing the EU Racial Equality Directive: implications for immigration law', Tolley's Journal of Immigration, Asylum and Nationality Law , 18, 2004, p37 - 46
Mark Bell and Peter Cumper, Section 28 after the Human Rights Act, Journal of Social Welfare and Family Law, 25, 2003, p215 - 228
Mark Bell and Lisa Waddington, Reflecting on inequalities in European equality law', European Law Review, 28, 2003, p349 - 369
Peter Cumper and Mark Bell, Reforming Section 28: Lessons for Westminster from Holyrood, European Human Rights Law Review, (4), 2003, p400 - 409
Mark Bell , Anti-Discrimination Law and the European Union, Oxford, Oxford University Press, 2002, 1 - 269pp
Non-Peer-Reviewed Publications
Mark Bell, Unleashing Potential: Reasonable Accommodations at Work, ILO Global Business and Disability Network Webinar, Online, 17 April, 2024
Mark Bell, Religious Discrimination at the Workplace and Recent CJEU Case-Law, EU Equality Law Seminar, Belfast, 19 February, 2024, Northern Ireland Human Rights Commission
Mark Bell, Dignity Amid Digitalization: Bringing Catholic Social Teaching to the Platform Economy, European Academy of Religion Annual Conference, Fondazione per le Scienze Religiose, Palermo, 20 May, 2024
Mark Bell, Ireland, Care as a Constitutional Value, TriCON webinar, 28 February , 2024
Mark Bell, An Interactive Relationship: Equality, Ireland, and EU Law, 2023, -
Mark Bell , The Enduring Relevance of Catholic Social Teaching, Studies: An Irish Quarterly Review, 112, 2023, p394 - 402
Mark Bell , Ethics of Work, Trinity Arts and Humanities Research Festival, Trinity College Dublin, 27 September, 2023
Mark Bell, Definition of Key Concepts in EU Gender Equality Law, EU Gender Equality Law, Vienna, 9 November, 2023, Academy of European Law (ERA)
Mark Bell, Achieving Work-life Balance for Carers of Persons with Disabilities - Rights for Carers in EU and National Law, Life and Work in Balance: Legal responses to working life in times of change and crisis, Norway, 26 October, 2023, University of Bergen
Mark Bell , The right to request flexible working arrangements under the Work-Life Balance Directive, Current Reflections on EU Gender Equality Law, Trier, 5 December, 2022
Mark Bell, Fit for Flexible Working? The EU Work-Life Balance Directive , EU Law Research Cluster, Webinar, 15 September, 2021, University of Leicester
Mark Bell, The Promotion of Diversity and EU Social Policy Instruments , 143rd Conference of the Japan Association for Social Policy Studies, Webinar, 16 October, 2021
Mark Bell, The Personal Scope of the Equality Acts , Equality Action: the Review of the Equality Acts, Webinar, 5 November, 2021, Irish Human Rights and Equality Commission and Free Legal Advice Centres
Mark Bell , More Than an Afterthought? Equality Law in Ireland During the Pandemic, Exponential Inequalities: Equality Law in Times of Crisis, University of Oxford (online), 15 February, 2021
Mark Bell, Equality Law in Ireland Beyond the Pandemic, Status Check: 20 Years of the Equal Status Acts, Webinar, 22 June, 2021, Free Legal Advice Centres
Mark Bell, Smart Law for Smart Working? The EU Work-Life Balance Directive, A New Law for a Changing Family and Society, Webinar, 17 June , 2021, University of Florence
Mark Bell , Responding to the 'Rapidification' of Working Life: the Right to Disconnect, Studies - an Irish Quarterly Review, 110, 2021, p425 - 436
Mark Bell, Alan Eustace, Marta Lasek-Markey, Thomas Pahlen, A Right to Disconnect: Irish and European Legal Perspectives, Dublin, Covid-19 Law and Human Rights Observatory, Trinity College Dublin, May, 2021, p1 - 33
Mark Bell, Equal Rights, European Citizens' Panel , Online, 6 November, 2021, Conference on the Future of Europe
Mark Bell, Definition of Key Concepts in EU Anti-Discrimination Law, Applying EU Anti-Discrimination Law, Webinar, 19 January, 2021, Academy of European Law
Mark Bell, Definition of Key Concepts in EU Anti-Discrimination Law, Applying EU Anti-Discrimination Law, Webinar, 29 June, 2020, Academy of European Law
Mark Bell , Mental Health and Employment: the Role for Disability Discrimination Law, Ulster University Public Lecture Series, Law Society of Northern Ireland, 11 February, 2020
Mark Bell , Definition of Key Concepts in EU Anti-Discrimination Law, Applying EU Anti-Discrimination Law, Webinar, 28 September, 2020, Academy of European Law
Mark Bell , Reasonable Accommodation and Fostering the Employment of People with Intellectual Disabilities, EU Instruments to Foster Employment of People with Intellectual Disabilities, Webinar, 15 September, 2020, Inclusion Europe
Mark Bell, The Principle of Equal Treatment and the European Pillar of Social Rights , Berkeley Comparative Equality and Anti-Discrimination Law Study Group Annual Conference, Stockholm University, 17 June, 2019
Mark Bell , EU Anti-Discrimination Law: Navigating Sameness and Difference, Employment Law in a Time of Uncertainty, University College Dublin, 6 December, 2019
Mark Bell, The Equality Provisions of the EU Charter and their Potential in Relation to Domestic Law, FLAC: The EU Charter and the ECHR: Practice and Potential, The Law Society of Ireland, 18 October, 2019
Mark Bell , The Future of EU Labour Law: Insights from Christian Ethics, Regulating the Future of Human Work: a Christian Ethics Perspective, Trinity College Dublin, 4 October, 2019
Mark Bell , Brexit: where are we now and what happens next? Politics, Trade and Labour Law, Brussels European Employee Relations Group, Brussels, 30 January, 2019
Mark Bell, Regulating the Future of Human Work: A Christian Ethics Perspective, 4 October, 2019, Trinity College Dublin
Mark Bell , Using Law to Foster Labour Market Inclusion for People with Intellectual Disabilities, Research Seminar, National University of Ireland Galway, 1 April, 2019
Mark Bell , The Definition of Key Concepts in EU Anti-Discrimination Law, Academy of European Law: Applying EU Anti-Discrimination Law , Barcelona, 24 October, 2019
Mark Bell , The Future of EU Labour Law: Insights from Christian Ethics, Studies - an Irish Quarterly Review, 108, (432), 2019, p458 - 468
Mark Bell , Adapting Work to the Worker: The Evolving EU Legal Framework on Accommodating Worker Diversity, EU Employment Law Update, Dublin, 25 January, 2018, Irish Centre for European Law
Mark Bell , Can Anti-Discrimination Law Improve the Position of People with Intellectual Disabilities in the Labour Market? Learning from Experience in the USA, Berkeley Comparative Anti-Discrimination Law Study Group Annual Conference, University of Melbourne, 11 June, 2018
Mark Bell , Workers on the Margins: People with Intellectual Disabilities and Labour Law, Industrial Relations in Europe 2018, KU Leuven, 12 September, 2018
Edoardo Ales, Mark Bell, Olaf Deinert, Sophie Robin-Olivier (eds), International and European Labour Law: Article-by-Article Commentary, Baden Baden, Nomos/Beck/Hart Publishing, 2018, 1 - 1678pp
Mark Bell, Reflecting on the Effectiveness of EU Anti-Discrimination Law, University of Luxembourg, 13 July, 2018
Art 10 TFEU (pp 21-23), Art 19 TFEU (pp 23-26), Art 20 CFREU (pp 200-203), Art 21 CFREU (pp 203-209), Art 15 RESC (pp 307-310), Art 20 RESC (pp 316-319), Art 14 ECHR (pp 461-465). Co-author of General Introduction (pp XXXIII-XLVII) and introductions to Part 1 (Fundamental Provisions) (pp 1-6) , Part 2 (Equality Law) (pp 431-432), Part 3 (Workers' Mobility) (pp 641-642). in, editor(s)Edoardo Ales, Mark Bell, Olaf Deinert, Sophie-Robin Olivier. , International and European Labour Law: Article-by-Article Commentary, Baden Baden, Nomos/Beck/Hart Publishing, 2018, pp1 - 1678, [Mark Bell]
Mark Bell, Freedom of Religion and the Right to Non-Discrimination, Human Rights and Religions Summer School, Trinity College Dublin, 21 June 2017, 2017
Mark Bell , Religion, Reasonable Accommodation and the Hesitancy of European Courts, Faculty Colloquium, Boston, USA, 27 October, 2017, Boston College Law School
Mark Bell , The European Pillar of Social Rights and EU Employment Law: a New Horizon or False Dawn? , Employment Law Distinguished Guest Lecture 2017, UCD Sutherland School of Law, 29 November, 2017
Mark Bell , Pitfalls and Progress: Reasonable Accommodation for Workers with Disabilities in Ireland, Society of Legal Scholars Annual Conference, University College Dublin, 7 September 2017, 2017
Mark Bell , Pitfalls and Progress: Reasonable Accommodation for Workers with Disabilities in Ireland, Berkeley Comparative Equality and Anti-Discrimination Law Study Group, Online Seminar, 14 September, 2017
Mark Bell , Accommodating Workplace Diversity - Towards An Overarching Duty in EU Equality Law?, Rethinking EU Equality Law, Institute for Advanced Legal Studies, London, 19 May 2017, 2017
Mark Bell , Religion, Reasonable Accommodation and European Anti-Discrimination Law, Irish Society for European Law, European Equality Law Seminar, Dublin, 26 January 2017, 2017
Mark Bell , When Can the Charter be Applied? The View from the CJEU, Using the EU Charter of Fundamental Rights, Trinity College Dublin, 12 January 2017, 2017
Mark Bell , Freedom of Religion and the Right to Non-Discrimination: European Perspectives , Thelton E. Henderson Center for Social Justice, BerkeleyLaw, University of California, Berkeley, 13 September , 2017
Mark Bell, Annual Conference, Berkeley Comparative Equality and Anti-Discrimination Study Group, 15-16 June 2017, 2017, Trinity Long Room Hub, Trinity College Dublin
Mark Bell , EU Employment Law: Dead End, U-Turn, or New Road Ahead?, University of Leicester, 4 February 2017 , 2017
Mark Bell, Data Collection in Relation to LGBTI People, Brussels, Publications Office of the European Union, 2017, p1 - 22
Mark Bell , Seeking Employment and the Legal Protection of People with Mental Health Problems, Empowering Young Adults with Disabilities, Trinity Centre for Health Sciences, Trinity College Dublin, 21 June 2016, 2016
Mark Bell, The Right to Non-Discrimination and European Law, Universita degli Studi di Genova, 8 November 2016, 2016
Equality , A Wiesand, K Chainoglou, A Sledzinska-Simon, Y Donders, Culture and Human Rights: The Wroclaw Commentaries, Berlin/Boston, De Gruyter, 2016, pp154 - 156, [Mark Bell]
Mark Bell, Promoting diversity and inclusion through workplace adjustments: a practical guide, Promoting diversity and inclusion through workplace adjustments, Geneva, 2 December 2016, 2016, International Labour Organisation
Mark Bell , Mental Health, Law and Creating Inclusive Workplaces, Berkeley Comparative Anti-Discrimination Law Study Group, Online Seminar, 9 March 2016, 2016
Mark Bell , Mental Health and Employment in Ireland: Is Equality Law the Solution?, Inaugural Lecture, Trinity College Dublin, 26 January, 2016
Mark Bell , EU Migrants and the Racial Equality Directive, EU Discrimination Law and Intra-EU Mobility, Université Paris I Panthéon-Sorbonne, 9 September 2016, 2016
Mark Bell and Lisa Waddington, The Employment Equality Directive and supporting people with psychosocial disabilities in the workplace, European Commission Non-Discrimination Legal Seminar , Brussels, 25 November 2016, 2016
Mark Bell, When Can the Charter be Applied? The View from the CJEU, Workshop on Using the EU Charter of Fundamental Rights, London, 6 July 2016, 2016
Mark Bell , Zero-Hours Contracts: Retention and Reform in the UK, Zero-Hours Contracts, Trinity College Dublin, 2 February 2015, 2015, Employment Law Association of Ireland
Mark Bell , EU Equality Law and Precarious Work, EU Anti-Discrimination Law: 15 Years After, Vrije Universiteit Amsterdam, 18 September 2015, 2015
Mark Bell , Collective Bargaining and Fundamental Rights for Atypical Workers: The Contribution of EU Law, Collective Bargaining for Atypical Workers in the Live Entertainment and Audiovisual Sectors, Dublin, 8 September 2015, 2015
Mark Bell , Mental Health, Law and Creating Inclusive Workplaces, Current Legal Problems, University College London, 19 November 2015, 2015, University College London
Mark Bell, An Update on the Working Time Directive, ICEL Employment Law Conference, Dublin, 11 December 2015, 2015
Mark Bell, Mental Health and the Duty to Make Reasonable Adjustments, Challenges for Labour Law, London, 9 May 2014, 2014, Kingston University
Mark Bell , LGBT Rights at Work: Recent Developments in EU Law and the ECHR, International Law Congress, Ankara, Turkey, 10 January 2014, 2014, Ankara Bar Association
Mark Bell, In Sickness and in Health? Illness and EU Employment Law, UACES 44th Annual Conference, Cork, 1-3 September 2014, 2014, pp24
Mark Bell , Anti-Discrimination Law: Using European and International Instruments, Anti-Discrimination Law: Using European and International Instruments, Tallin, 14 October 2014, 2014, Estonian Human Rights Centre
Mark Bell, Overview of the Legal Protection under EU and UK Law, Agency Workers Protection Seminar, Belfast, 17 January 2013, 2013, Northern Ireland Council for Ethnic Minorities
Mark Bell, Ageing Gracefully? The evolution of EU law on age discrimination, Research Seminar, Brighton, 27 March 2013, 2013, University of Sussex
Mark Bell , Can we rely on Europe? Is Europe the answer?, Equality 2015 - Setting the Agenda, London, 21 October 2013, 2013, Discrimination Law Association
Mark Bell , The Equality Act 2010: two steps forward, one step back?, Current Developments in Employment Law, Leicester, 10 May 2013, 2013, University of Leicester
Research Expertise
Description
Mark's research interests lie primarily in the areas of equality and work. His current research is focused on the relationship between religion and employment/labour law, including analysis of the contribution that religious beliefs can bring to ethical reflection on justice in working life. He has published extensively on anti-discrimination law, employment/labour law, and EU law. Recent research on equality has explored the rights of persons with disabilities, especially those with intellectual or psychosocial disabilities. In relation to employment/labour law, his recent research has focused on work-life balance and the extent to which employers should make adjustments for workers' personal situations and identities. His research has also addresses the legal regulation of non-standard forms of work, such as temporary or part-time work. Mark welcomes inquiries from potential research students in areas broadly related to anti-discrimination law and employment/labour law. He has experience of supervising doctoral research in these fields dealing with domestic law, comparative law, and EU law.Projects
- Title
- The Employment Equality Directive and Supporting People with Psychosocial Disabilities in the Workplace
- Summary
- This project produced a report for the European Commission, jointly authored with Professor Lisa Waddington, Maastricht University. It examined the role that EU Law, specifically Directive 2000/78, plays in providing support in the labour market for those who experience mental health problems amounting to a psychosocial disability. It examined the definition of disability found in EU and national law, and the extent to which the concept of reasonable accommodation has been applied to persons with psychosocial disability. It also explored the role playing by stigma in creating barriers for those with mental health problems and evidence of measures adopted by Member States to combat this phenomenon: http://www.equalitylaw.eu/downloads/3966-the-employment-equality-directive-and-supporting-people-with-psychosocial-disabilities-in-the-workplace-a-legal-analysis-of-the-situation-in-the-eu-member-states
- Funding Agency
- European Commission via Human European Consultancy
- Date From
- May 2016
- Date To
- November 2016
- Title
- Don't knock on the wrong door: Charter Click
- Summary
- The project involves a consortium of European universities, together with governmental and non-governmental agencies that provide advice to citizens on the enforcement of rights. The project will examine the practice of national courts, and the EU courts, in applying the Charter of Fundamental Rights. This only applies if the factual scenario falls within the scope of EU law, which is a frequent source of confusion and uncertainty. The project aims to create an online resource that can assist citizens in understanding whether the Charter applies to their individual situation.
- Funding Agency
- European Commission
- Date From
- February 2015
- Date To
- February 2017
- Title
- European Network of Legal Experts in Gender Equality and Non-Discrimination
- Summary
- The Network conducts analysis of the implementation of EU anti-discrimination legislation within the Member States, the EEA states, and certain candidate countries for EU membership. During 2015, Mark is the acting coordinator for disability issues, which entails analysing the draft national reports as well as other contributions to the functioning of the Network. See further: http://www.non-discrimination.net
- Funding Agency
- European Commission
- Date From
- 2015
- Title
- Promoting Diversity and Inclusion Through Workplace Adjustments: A Practical Guide
- Summary
- Mark played a key role in finalising a guide for the International Labour Organisation on promoting diversity and inclusion in the workplace through the provision of workplace adjustments. The guide aims to identify the steps that employers should take, such as putting in place a procedure for handling requests from workers for accommodation. It provides examples of accommodations that might be considered for workers with physical or mental disabilities, those affected by HIV, those with family responsibilities or workers who need an accommodation due to a particular religious practice: http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_536630.pdf
- Funding Agency
- International Labour Organisation
- Date From
- August 2015
- Date To
- December 2016
- Title
- Analysis of Comparative Review of Equality Data Collection Practices in the EU
- Summary
- Mark Bell is a Senior Expert in the team of researchers in this project. It is gathering information on the extent to which data relating to equality is gathered across the 28 EU Member States. This might include data on complaints of discrimination, individual experiences of discrimination or outcomes for minority groups in areas like employment and education.
- Funding Agency
- European Commission via Human European Consultancy
- Date From
- 31/8/15
- Date To
- 30/8/16
Recognition
Awards and Honours
Jean Monnet Fellowship, Robert Schuman Centre for Advanced Studies, European University Institute
European University Institute Law Prize for doctoral thesis
Memberships
Employment Law Association of Ireland
Society of Legal Scholars
Discrimination Law Association
Irish Association of Law Teachers
Hilary Biehler
Professor Hilary Biehler
Professor of Public Law, Law
Biography
Hilary Biehler is a barrister and Professor of Public Law at the Law School Trinity College, Dublin. She obtained a B.A.(Mod.), M.Litt., Ph.D. and LL.D. in law from Trinity College Dublin and was called to the Irish Bar in 1988. She was a Commissioner with the Law Reform Commission from 1997-2005 and Editor of the Irish Law Reports Monthly from 1993-2008. She was Head of the Law School at Trinity College from 2003-2005, 2008-2010 and 2011-2014. She was Vice Dean of the Schools of Law and Education in 2005-2006, Pro-Dean of the Faculty of Social and Human Sciences in 2007 and Pro-Dean of the Faculty of Arts, Humanities and Social Sciences in 2010-2011. She has published widely in the areas of Equity and the Law of Trusts, Administrative law and Civil Procedure.
Publications and Further Research Outputs
Peer-Reviewed Publications
Biehler, H, Dismissal of Proceedings on Grounds of Delay, Irish Law Times, 42, (1), 2024, p6 - 12
Biehler, H., Delany & McGrath on Civil Procedure, 5th, Dublin, Round Hall Thomson Reuters, 2024, 1 - 1712pp
Biehler, H., Guest v Guest: A Reconsideration of the Role of the Concepts of Proportionality and Unconscionability in Formulating Remedies in Cases of Proprietary Estoppel, Irish Jurist, 71, 2024, p133 - 147
Biehler, H., Case Stated Procedure - Recent Developments, Irish Law Times, 41, (1), 2023, p7 - 14
Biehler, H., Security for the Costs of Appeals, Irish Jurist, 69, 2023, p43 - 60
Biehler, H., Recent Developments in Judicial Review Procedure Part II, Irish Law Times, 41, (11), 2023, p159 - 164
Biehler, H., Recent Developments in Judicial Review Procedure Part 1, Irish Law Times, 41, (10), 2023, p147 - 152
Biehler, H., Judicial Review and Remittal in Civil Proceedings, Irish Law Times, 40, (1), 2022, p10 - 16
Biehler, H., Security for Costs and Corporate Plaintiffs - A Re-appraisal of Special Circumstances?, Irish Supreme Court Review, 4, 2022, p1 - 20
Biehler, H., The Nemo Iudex in Causa Sua Principle: Getting the Balance Right, Dublin University Law Journal, 42, (2), 2022, p113 - 129
Biehler, H., A Comparative Analysis of the Some Aspects of the Charities Act 2011 and the Irish Charities Act 2009, Trust Law International, 35, (2), 2021, p71 - 89
Biehler, H., Third Party Procedure - An Analysis of Recent Decisions, Irish Law Times, 39, (1), 2021, p7 - 15
Biehler, H., The Concept of Sufficient Interest in Judicial Review Proceedings, Irish Jurist, 65, 2021, p1 - 24
Biehler, H., Procedural Fairness and a Two Stage Process - Why There Can Be No 'Bright Line Rule', Irish Jurist, 63, 2020, p28 - 47
Biehler, H., The Right to Representation as an Aspect of Procedural Fairness, Irish Law Times, 38, (13), 2020, p5 - 12
Biehler, H., Interlocutory Injunctions - Recent Guidance from the Supreme Court, Irish Law Times, 38, (13), 2020, p190 - 195
Biehler, H., Equity and the Law of Trusts in Ireland, 7th, Dublin, Thomson Reuters, 2020, 1 - 1080pp
Biehler, H., Undue Influence and Third Parties - An Update on the Position in Ireland, Irish Law Times, 37, (13), 2019, p186 - 193
Biehler, H., The Rationale for the Duty to Provide Reasons for Administrative Decisions, Irish Jurist, 61, 2019, p148 - 158
Biehler, H., The Criteria for Appeals to the Supreme Court, Irish Law Times, 37, (1), 2019, p7 - 13
Biehler, H., Security for Costs and Corporate Plaintiffs - Recent Developments, Irish Law Times, 37, (7), 2019, p98 - 103
Biehler, H., The Scope of Common Intention Constructive Trusts: Where to Draw the Line?, Trust Law International, 32, (2), 2018, p63 - 72
Biehler, H., Time Limits in Judicial Review Proceedings, Irish Law Times, 36, (1), 2018, p7 - 14
Biehler, H., McGrath D., Egan McGrath E., Delany and McGrath on Civil Procedure, 4th, Dublin, Thomson Reuters Round Hall, 2018, 1 - 1437pp
Biehler, H., Maintenance and Champerty and Access to Justice - the Saga Continues, Irish Jurist, 59, 2018, p130 - 145
Biehler, H., Principles Relating to the Awarding of Costs in Cases which do not Proceed to a Determination, Irish Law Times, 35, (12), 2017, p154 - 160
Biehler, H., Upholding Standards in Public Decision-Making: Getting the Balance Right, Irish Jurist, 57, 2017, p94 - 118
Biehler, H., Normal and Leapfrog Appeals to the Supreme Court, Irish Law Times, 35, (1), 2017, p5 - 10
Biehler, H., The Statement of Grounds in Judicial Review Proceedings: Recent Developments, Irish Law Times, 34, (13), 2016, p187 - 193
Biehler, Hilary, Equity and the Law of Trusts in Ireland, 6th, Dublin, Round Hall Thomson Reuters, 2016, 1 - 972pp
Biehler, H., DIsmissal of Proceedings on Grounds of Delay, Irish Jurist, 55, 2016, p175 - 188
Biehler, H., Third Party Funders - Costs and Discloure Orders, Irish Law Times, 34, (1), 2016, p7 - 13
Biehler, H., The Political Purposes Exception - Is There a Future for a Doctrine Built on Foundations of Sand?, Trust Law International, 29, (3), 2015, p97 - 113
Biehler, H., Remedies in Cases of Proprietary Estoppel: Towards a More Principled Approach? , Irish Jurist, 54, 2015, p79 - 95
Biehler, H., Trusts for the Relief of Poverty and the Public Benefit: Time for a Reappraisal, Trust Law International, 28, (3), 2014, p145 - 156
Biehler, H. and Donnelly, C., Proportionality in the Irish Courts: the Need for Guidance, European Human Rights Law Review, (3), 2014, p272 - 283
Biehler, H., The Right to Privacy and the Retention of DNA Profiles - Getting the Balance Right, European Human Rights Law Review, (5), 2014, p479 - 489
Biehler, H., Curial Deference in the Context of Judicial Review of Administrative Action Post - Meadows, Irish Jurist, 49, 2013, p29 - 48
Biehler, H., Judicial Review of Administrative Action: A Comparative Analysis, 3rd, Dublin, Round Hall Thomson Reuters, 2013, 1 - 540pp
Biehler, H., Legitimate Expectation - An Odyssey, Irish Jurist, 50, 2013, p40 - 69
Biehler, H., Joining a Defendant - Time Bar Issues, Irish Law Times, 30, 2012, p227 - 231
Biehler, H., "Security for Costs: A Reappraisal of Established Principles, Dublin University Law Journal, 35, 2012, p173 - 198
Delany, H. and McGrath, D., Civil Procedure in the Superior Courts, 3rd edition, Dublin, Thomson Reuters (Professional) Ltd, 2012, cxxxii + 1196pp
Delany, H. and Ryan D., "Springboard Injunctions: An Analysis of Emerging Principles in the Case Law of the English and Irish Courts, Civil Justice Quarterly, 31, (3), 2012, p284 - 303
Delany, H, The Law Relating to Charitable Trusts: Judicial Guidance and Statutory Intervention, Dublin University Law Journal, 33, 2011, p196 - 219
Delany, H and Donnelly, C, The Irish Supreme Court inches towards proportionality review, Public Law, P.L. 2011, 2011, p9 - 19
Delany, H., Equity and the Law of Trusts in Ireland, 5th, Dublin, Thomson Reuters (Professional) Ireland Ltd, 2011, 1 - 890pp
Delany, H, The test for the grant of mandatory interlocutory injunctions, Irish Law Times, 28, 2010, p217 - 220
Delany, H, Dismissal for want of prosecution - has the test changed?, Irish Law Times, 28, 2010, p5 - 9
Delany, H and Egan McGrath, E, The Discovery Rules - Judicial Proactivity and SI 2009/93, Irish Law Times, 28, 2010, p42 - 47
Delany, H, Judicial Review of Administrative Action: A Comparative Analysis, 2nd, Dublin, Thomson Round Hall, 2009, 1 - 489pp
Delany, H., Trustee Exemption Clauses - Proposals for Regulation, Trust Law International, 23, (2), 2009, p91 - 102
Delany, H., The relevance of the availability of an alternative remedy in judicial review proceedings, Irish Law Times, 27, 2009, p10 - 13
Delany, H, Is there a future for proprietary estoppel as we know it?, Dublin University Law Journal, 31, 2009, p440 - 457
Delany, H., Recent Developments in Administrative Law in Canada, Dublin University Law Journal, 30, 2008, p100 - 119
Delany, H. and Ryan, D., Unconscionability: A Unifying Theme in Equity?, The Conveyancer and Property Lawyer, 72, (5), 2008, p401 - 436
Delany, H, "Substantial Grounds" and "Substantial Interest" - A Restrictive Interpretation, Irish Law Times, 26, 2008, p246 - 253
Hilary Delany and Eoin Carolan, The Right to Privacy, Dublin, Thomson Round Hall, 2008, 1 - 352pp
Delany, H., The costs of interlocutory and leave applications, Irish Law Times, 25, 2007, p271 - 277
Delany, H., Equity and the Law of Trusts in Ireland, 4th ed.,, Dublin, Thomson Round Hall, 2007, cviii, 828pp
Delany, H and Murphy, C., Towards common principles relating to the protection of privacy rights?, European Human Rights Law Review, (5), 2007, p568 - 582
Delany, H, Legitimate expectations and substantive effect, Dublin University Law Journal, 29, 2007, p413 - 426
Delany, H., Joining co-defendants and amici curiae, Irish Law Times, 25, 2007, p237 - 241
Delany, H., Employment Injunctions: the role of mutual trust and confidence, Dublin University Law Journal, 28, 2006, p363 - 379
Delany, H., Mareva Injunctions - recent developments, Irish Law Times, 24, 2006, p9 - 16
Hilary Delany, Prior restraint orders and freedom of expression - towards a unified approach, Irish Jurist , 40, 2005, p138 - 159
Delany, H., The requirement to act promptly in judicial review proceedings, Irish Law Times, 23, 2005, p230 - 235
Equity in, editor(s)Binchy W., Byrne R. , Annual Review of Irish law 2004, Dublin, Thomson Round Hall, 2005, pp265 - 272, [Delany, H]
Practice and Procedure in, editor(s)Binchy, W., Byrne, R. , Annual Review of Irish Law 2004, Dublin, Thomson Round Hall, 2005, pp409 - 430, [Delany, H]
Delany, H., McGrath D., Civil Procedure in the Superior Courts , 2nd edition, Dublin, Thomson Round Hall, 2005, cxxxi + 890 pp
Delany H., Security for the costs of discovery, Journal of Civil Practice and Procedure, 1, (1), 2005, p3 - 7
Delany, H., Breach of confidence or breach of privacy: the way forward, Dublin University Law Journal, 27, 2005, p151 - 168
Delany H., The obligation on the courts to deal with cases within a "reasonable time, Irish Law Times, 22, 2004, p249 - 254
Delany H., The constitutionality of limitation periods without savers, Irish Law Times, 22, 2004, p262 - 266
Delany H., The amended discovery rules -clarification of the extent of the changes, Irish Law Times, 22, 2004, p12 - 16
Delany H., Extension of time limits in judicial review proceedings, Irish Law Times, 21, 2003, p156 - 160
Delany H., Equity, Annual Review of Irish Law, 2003
Delany H., Constitutional law - Interference by the legislature in the judicial domain' , Irish Law Times, 21, 2003, p272 - 276
Delany H., Equity and the Law of Trusts in Ireland, 3rd ed., Thomson Round Hall, 2003, ci +740pp
Delany H., Satisfying the equity in cases of proprietary estoppel, Dublin University Law Journal, 25, 2003, p217 - 229
Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 2003
Delany H., Applications to set aside orders granting leave in judicial review proceedings, Irish Law Times, 20, 2002, p269 - 272
Delany H., McGrath D., Civil Procedure in the Superior Courts, Round Hall Sweet and Maxwell, 2002, cxiii + 722pp
Delany H., Equity and the Law of Trusts in Ireland: Cases and Materials, Round Hall Sweet and Maxwell, 2002, lx +1093pp
Delany H., Equity, Annual Review of Irish Law, 2002
Delany H., Judicial review in cases of asylum seekers - the role of curial deference and the question of whether the standard of review should vary, Dublin University Law Journal, 24, 2002, p1 - 25
Delany H., Regulation of the Supreme Court's appellate jurisdiction must be clear and unambiguous, Irish Law Times, 20, 2002, p73 - 78
Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 2002
Delany H., Extension of time for bringing judicial review pursuant to s.5 of the Illegal Immigrants (Trafficking) Act 2000, Irish Law Times, 20, 2002, p44 - 48
Delany H., Equity, Annual Review of Irish Law, 2001
Delany, H., Discovery - How strictly is the new Order 31, rule 12 being interpreted?, Irish Law Times, 19, 2001, p57 - 60
Delany H., Judicial Review of Administrative Action: A Comparative Analysis, Round Hall Ltd, 2001, xl + 281pp
Delany H., Setting aside final orders, Dublin University Law Journal, 23, 2001, p1 - 20
Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 2001
Delany H., Judicial review proceedings: Discretionary factors and the effect of delay, Dublin University Law Journal, 22, 2000, p236 - 254
Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 2000
Delany H., Striking out where no reasonable cause of action, where claim frivolous or vexatious or where clearly unsustainable, Irish Law Times, 18, 2000, p127 - 130
Delany H., Equity, Annual Review of Irish Law, 2000
Delany H., Security for costs in relation to corporate plaintiffs, Irish Law Times, 18, 2000, p58 - 61
Delany H., Recent developments in relation to the Nemo Iudex in Causa Sua principle, Dublin University Law Journal, 21, 1999, p66 - 89
Delany H., Equity, Annual Review of Irish Law, 1999
Delany H., Third party procedure and concurrent wrongdoers - Service of third party proceedings as soon as is reasonably possible, Dublin University Law Journal, 21, 1999, p190 - 206
Delany H., Recent developments in relation to discovery, Irish Law Times, 17, 1999, p203 - 206
Delany H., The Courts Acts 1924-1997, 2nd ed., Round Hall Sweet and Maxwell, 1999, lxxi + 538pp
Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 1999
Delany H., Equity and the Law of Trusts in Ireland, 2nd ed., Round Hall Sweet and Maxwell, 1999, xci + 706pp
Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 1998
Delany H., Significant themes in judicial review of administrative action, Dublin University Law Journal, 20, 1998, p73 - 100
Delany H., Equity, Annual Review of Irish Law, 1998
Delany H., Equity, Annual Review of Irish Law, 1997
Delany H., The future of the doctrine of legitimate expectations in Irish administrative law, Irish Jurist, 32, 1997, p217 - 242
Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 1997
Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 1996
Delany H., Equity, Annual Review of Irish Law, 1996
Delany H., Equity, Annual Review of Irish Law, 1995
Delany H., Equity and the Law of Trusts in Ireland, Round Hall Sweet and Maxwell, 1995, 577pp
Delany H., Byrne R., Practice and Procedure, Annual Review of Irish Law, 1995
Delany H., The Courts Acts 1924-1991, Round Hall Sweet and Maxwell, 1994, xliv + 339pp
Delany H., Equity, Annual Review of Irish Law, 1994
Delany H., Charitable status and cy-pres jurisdiction, Northern Ireland Legal Quarterly, 45, 1994, p364 - 377
Delany H., Hogan G., Anglo-Irish extradition as viewed from an Irish perspective, Public Law, 1993, p93 - 120
Delany H., Interlocutory injunctions - Adequacy of damages and other factors, Dublin University Law Journal, 15, 1993, p228 - 242
Delany H., Legal representation in administrative proceedings: a matter of right or discretion?, Dublin University Law Journal, 14, 1992, p88 - 100
Delany H., Employment Law - Natural justice and the officeholder / employee distinction, Dublin University Law Journal, 10, 1990, p164 - 174
Delany H., The doctrine of legitimate expectation in Irish law, Dublin University Law Journal, 12, 1990, p1 - 25
Non-Peer-Reviewed Publications
The Proposed Court of Appeal in, editor(s)Bacik and Prendergast , Criminal Law and Practice Review , Dublin, Clarus Press, 2014, pp129 - 142, [Biehler, H.]
Delany H., Amendments to a statement of grounds in judicial review proceedings, Practice and Procedure, 3, 2001, p2 - 5
Delany H., Dismissal for want of prosecution or on grounds of inordinate and inexcusable delay, Practice and Procedure, 2, 2000, p2 - 7
Delany H., Dismissal for want of prosecution, Irish Law Times, 14, 1996, p240 - 243
Delany H., Security for costs and plaintiffs resident outside the jurisdiction, Irish Law Times, 14, 1996, p119 - 122
Delany H., The duty to give reasons in administrative decision-making, Irish Law Times, 12, 1994, p145 - 148
Delany H., The scope of judicial review - a question of the source or nature of powers, Irish Law Times, 11, 1993, p12 - 16
Delany H., The doctrine of legitimate expectations: Recent developments, Irish Law Times, 11, 1993, p192 - 195
Delany H., Statutory interpretation - can legislation have retrospective effect?, Irish Law Times, 10, 1992, p133 - 137
Delany H., Recent developments in locus standi in Irish constitutional law, Irish Law Times, 8, 1990, p147 - 151
Research Expertise
Description
Equity and the Law of Trusts, Administrative Law, particularly Judicial Review of Administrative Action, and Civil ProcedureRecognition
Representations
Commissioner, The Law Reform Commission
Awards and Honours
Fellow of Trinity College, Dublin
Neville Cox
Professor Neville Cox
Professor of Law and Morality, Law
The Registrar, Registrar
Publications and Further Research Outputs
Peer-Reviewed Publications
neville cox, eoin mccullough, defamation law, 2nd , dublin, 2022, 1 - 780pp
Neville Cox, Val Corbett, Mark Connaughton, Employment Law in Ireland, 2nd, Dublin, 2022, 1 - 1357pp
Cox, Neville, 'The Need for Evidence in Support of Pejorative Assertions in 'Islamic Veiling Cases' - A Comparison of the Approaches of the European Court of Human Rights and the United Nations Human Rights Committee', American Journal of Comparative Law , 2021
Defamation law in, editor(s)William Binchy, Raymond Byrne , Annual Review of Irish Law, Dublin, Round Hall Thompson Reuters, 2021, pp366 - 386, [Neville Cox]
Blasphemy, Freedom of Expression and the Role of Constitutional Rights in, editor(s)Mancini, S , Constitutions and Religion, Edward Elgar, 2020, pp399 - 414, [Cox, Neville]
Cox, Neville, Justifying Blasphemy Laws: Freedom of Expression, Public Morals and International Human Rights Law, Journal of Law and Religion, 35, (1), 2020, p33 - 60
Cox, Neville, Stephen Fry, The Meaning of Life and the Problem with Irish Blasphemy Law, Oxford Journal of Law and Religion, 8, (1), 2019, p247
Neville Cox, Behind the Veil: A Critical Analysis of European Anti-Veiling Laws, 1, Edward Elgar, 2019, 1-
Blasphemy and Defamation of Religion Following Charlie Hebdo in, editor(s)Temperman & Koltay , Blasphemy and Freedom of Expression, Cambridge University Press, 2017, pp53 - 84, [Cox, Neville]
Neville Cox, The Freedom to Publish 'Irreligious' Cartoons, Human Rights Law Review, 16, (2), 2016, p195
Neville Cox and Hannah O'Farrell, TERRORISM, SHARI'A AND THE ISOLATING OF ISLAM, Australian Law Journal, 90, 2016, p259
Cox, Pourquoi suis-Je Charlie? Blasphemy, Defamation of Religion and the Nature of 'Offensive Cartoons', Oxford Journal of Law and Religion, 4, (2), 2015, p343 - 367
Neville Cox, Delfi AS v. Estonia: the Liability of Secondary Internet Publishers for Violation of Reputational Rights under the European Convention on Human Rights, Modern Law Review, 77, (4), 2014, p619 - 640
Neville Cox & Eoin McCullough, Defamation Law and Practice, 1st, Dublin, 1, 2014, 687-
Neville Cox, Blasphemy, Holocaust Denial and the Control of Profoundly Unacceptable Speech, American Journal of Comparative Law, LXII, (3), 2014, p739 - 774
Neville Cox, THE FUTURE OF THE REYNOLDS DEFENCE IN IRISH DEFAMATION LAW FOLLOWING THE DEFAMATION ACT 2009, Irish Jurist, 52, (1), 2014, p28 - 58
CAS 98/211 B v. FINA in, editor(s)Anderson, Jack , Leading Cases in Sports Law, TMC Asser Press, 2013, pp175 - 194, [Neville Cox]
Neville Cox, The Clash of Unprovable Universalisms, Oxford Journal of Law and Religion, 2, (2), 2013, p307 - 329
Neville Cox, Dismissal of an Action on the Grounds of Delay or Want of Prosecution: Recent Developments, Dublin University Law Journal, 35, 2012, p121 - 147
Neville Cox, Review of Modern Sports Law, by Jack Anderson , Irish Jurist, XLVI, 2011, p5
The ethical case for a Blasphemy Law in, editor(s)Fortner and Fackler , The handbook of Global Communication and Media Ethics, London, Wiley-Blackwell, 2011, pp263 - 297, [Neville Cox]
Nevile Cox, Challenges to the Registration of a Registered Employment Agreement , Employment Law Review, (3), 2010, p3 - 26
Cox, Neville with Ryan, Des and Corbett, Val, Employment Law in Ireland, Dublin, Clarus Press, 2009, 1 - 1027pp
Foetal Personhood in Comparative Perspective in, editor(s)Schweppe, Jennifer , The Unborn Child, Article 40.3.3 and Abortion in Ireland: 25 Years of Protection, Dublin, Liffey Press, 2008, ppvi - 424 , [Cox, Neville]
Cox, Neville, Defamation Law, Dublin, First Law, 2008, 1 - 978pp
Suing hospitals and health boards in, editor(s)Binchy, William and Craven, Ciaran , Medical Negligence Litigation, Dublin, First Law, 2008, pp83 - 109, [Cox, Neville]
A Question of Definition in, editor(s)Doyle, Oran and Binchy, William , Committed Relationships and the Lawqq, Dublin, Four Courts Press, 2007, pp104 - 123, [Cox, Neville]
Sports Law in, editor(s)Binchy, William and Byrne, Raymond , Annual Review of Irish Law 2006, Dublin, Round Hall, 2007, pp535 - 546, [Cox, Neville]
Schuster, Alexander with Cox, Neville and Costello, Cathyrn, Sport and the Law, Dublin, First Law, 2007, 1 - 550pp
Eardley, John and Cox, Neville, Annual Review of Employment Law 2006, Dublin, First Law, 2006
Sports Law in, editor(s)Binchy, William and Byrne, Raymond , Annual Review of Irish Law 2005, Dublin, Round Hall, 2006, pp652 - 665, [Cox, Neville]
Eardley, John and Cox, Neville, Annual Review of Employment Law 2005, Dublin, First Law, 2005
School Sports and the Law in, editor(s)Binchy, William and Glendenning, Dympna , Litigation Against Schools: Implications for School Managers, Dublin, First Law, 2005, [Cox, Neville]
Sports Law in, editor(s)Binchy, William and Byrne, Raymond , Annual Review of Irish Law 2004, Dublin, Round Hall, 2005, pp449 - 458, [Cox, Neville]
Cox, Neville, "Legal Regulation of the Broadcasting of Sporting Events in Europe", Dubling University Law Journal, 2004
The Language of Constitutional Debate in, editor(s)Binchy, William and Finnegan, Catherine , The Citizenship Referendum: Implications for the Constitution and Hunan Rights, Dublin, Trinity College Dublin, 2004, pp91 - 100, [Cox, Neville]
The New Rules Relating to Collateral Benefits in, editor(s)Binchy, William and Craven, Ciaran , The Civil Liability and Courts Act (2004), Dublin, First Law, 2004, pp84 - 102, [Cox, Neville]
Sports Law in, editor(s)Binchy, William and Byrne, Raymond , Annual Review of Irish Law 2003, Dublin, Round Hall, 2004, [Cox, Neville]
Cox, Neville, Review of A World Made New, by Glendon , Dublin University Law Journal, 26, 2004
Cox, Neville, Review of A World Made New, by Glendon , Dublin University Law Journal, 26, 2004
Sports Law in, editor(s)Binchy, William and Byrne, Raymond , Annual Review of Irish Law 2002, Dublin, Round Hall, 2003, pp443 - 461, [Cox, Neville]
Cox, Neville, Civil Liability for Violence on the Field of Play, Northern Ireland Legal Quarterly, 2003
Cox, Neville, Legalisation of Drug Use in Sport, International Sports Law Review, (November), 2002, p77 - 89
Sports Law in, editor(s)Bincy, William and Byrne, Raymond , Annual Review of Irish Law 2001, Dublin, Round Hall, 2002, [Cox, Neville]
Cox, Neville, Review of The Common European Law of Torts, by Von Barr , Irish Jurist, (XXXVI), 2001, p359
Cox, Neville, Passive Judicial Activism, Dublin Univeristy Law Journal , 22, 2000, p201 - 207
Cox, Neville, Causation, Responsibility and Fetal Personhood, Northern Ireland Legal Quarterly, 51 (4), 2000, p579 - 596
Cox, Neville, Victory with Honour or Victory at All Costs, Dublin University Law Journal, 22, 2000, p19 - 49
Cox, Neville, Review of Drugs and Doping in Sport, by O'Leary , Dublin University Law Journal, 22, 2000, p262
Constitutional Interpretation of Judicial Activism in, editor(s)O'Dell, E, , Leading Cases of the Twentieth Centre, Dublin, Round Hall, 2000, [Cox, Neville]
Cox, Neville, Blasphemy Law, UK, Edwin Mellen Press, 2000, 1 - 236pp
Cox, Neville, Public Figures and Defamation Actions Following the Reynolds Case , Dublin University Law Journal, 21, 1999, p206 - 219
Cox, Neville, Review of Breaking the Abortion Deadlock, by McDonagh, Eileen , Dublin University Law Review, 20, 1998, p254
Cox, Neville, Prior Restraint and Injunctions in Defamation Cases, Dublin University Law Journal, 20, 1998, p246 - 253
Cox, Neville, Breaking the Abortion Deadlock, Review of Breaking the Abortion Deadlock, by McDonagh, Eileen , Dublin University Law Review, 20, 1998, p254
Cox, Neville, Review of Breaking the Abortion Deadlock, by McDonagh, Eileen , Dublin University Law Review, 20, 1998, p254
Cox, Neville, Sacrilege and Sensibility, the Value of Irish Blasphemy Law', Dublin University Law Journal, 19, 1997, p87 - 112
Non-Peer-Reviewed Publications
Cox, Neville, O'Farrell, Hannah, TERRORISM, SHARI'A AND THE ISOLATING OF ISLAM, Australian Law Journal, 90, 2016, p259
Neville Cox, Defences under the Defamation Act, Quarterly Review of Tort Law, 4, (2), 2011, p12 - 20
Neville Cox, Nadia Bhatti, THE FUTURE OF REGISTERED EMPLOYMENT AGREEMENTS, EMPLOYMENT REGULATION ORDERS AND JOINT LABOUR COMMITTEES, Employment Law Review, (4), 2011, p43
Nevile Cox, Desmond Ryan, Recent Developments in Employment Law, Employment Law Review, (1), 2011, p34 - 57
Neville Cox, Burke v. Independent Colleges - Employment INjunctons Revisited, Employment Law Review, (4), 2010, p3 - 32
Neville Cox, Employment Permits in Irish Law, Irish Business Law Quarterly, 4, (1), 2010, p22 - 28
Neville Cox, Recent developments in the rules relating to Workplace Stress, Quarterly Review of Tort Law, 3, (3), 2009, p17 - 27
Employment Law Review, Dublin, Firstlaw, [eds.], 2009
Cox, Neville, Recent Developments in Defamation and Breach of Privacy Law, Quarterly Review of Tort Law, 3, (2), 2008
Neville Cox, Public interest reporting and defamation law, Quarterly review of Tort Law, 2, (2), 2007, p20 - 32
Cox, Neville, The Defence of Offer of Amends and the Defamation Bill 2006, Quarterly Review of Tort Law, 2, (4), 2007
Cox, Neville, Employers' Liability for Workplace Stress, Quarterly Review of Tort Law, 1, (2), 2006, p10-
Cox, Neville, Sports Governing Bodies and Fair Procedures, Recent Irish Developments, United Kingdom Sport and the Law Journal, 10 (2), 2002, p162 - 172
Neville Cox, Suing hospitals and other health service providers, Medical Negligence Litigation, Dublin, 28 March 2009
Neville Cox, Negligent Supervision: schools and sports, Litigation against Post Primary Schools, Dublin, 12 November 2011
Neville Cox, Limitation of Actions and Proof in Medical Negligence Litigation, Medical Negligence 2010, Dublin, 20 November 2010
Neville Cox, The Planning Application, Intensive Course on Planning Law, Dublin, 19 January 2012
Neville Cox, Limitation of Actions and Delay, Tort Litigation 2011, Dublin, 26 November 2011
Neville Cox, The new defences: Impact on Practice, Defamation and Privacy Law, Dublin, 7 April 2011
Neville Cox, Is Nationalised Healthcare the Cure for America, The great healthcare debate, Bloomington, Indiana, 16 February 2010
Oran Doyle
Biography
Oran Doyle is professor in law at Trinity College Dublin. He also holds a dual appointment as a research professor at the Academia Sinica in Taipei. He has held visiting positions at Bocconi University Milan, Keio University Tokyo and the University of Pennsylvania Carey Law School.
Prof Doyle is an expert in comparative constitutional law, with a particular focus on the issues of constitutional amendment, territory and Irish unification. He is the author of 'The Irish Constitution: A Contextual Analysis' (Clarus, 2018) and (with Tom Hickey) 'Constitutional Law: Text, Cases and Materials' (Hart, 2019). He co-edited with Aileen McHarg and Jo Murkens 'The Brexit Challenge for Ireland and the United Kingdom: Constitutions under Pressure' (2021). He has recently published in Global Constitutionalism, the International Journal of Constitutional Law, the European Constitutional Law Review, and the German Law Journal.
Prof Doyle is currently the PI for NSLMap, a New Foundations research project funded by the Irish Research Council and the Shared Island Initiative that maps the convergence and divergence of laws on either side of the Irish border.
Currently supervising Alex Layden's work on informal constitutional change, and Juan Diego Galaz's work on constitutional rights of resistance and deliberation in Latin America, Prof Doyle welcomes applications for supervision from students broadly in the area of constitutional theory and comparative constitutional law.
Prof Doyle is the co-chair of the British-Irish Chapter of the International Society of Public Law (ICON-S) and co-convenor of the International Association of Constitutional Law research group on public law responses to public health emergencies. He was director of the COVID-19 Law and Human Rights Observatory.
The recipient of a Provost's Teaching Award, Prof Doyle has lectured constitutional law 1 and jurisprudence to undergraduate students, and comparative constitutional law and theory to postgraduate students. He has also led final year research project groups on democratic decay, emergencies, and constitutional change.
Prof Doyle is a regular contributor to public debates on issues of constitutional law in Ireland. He has published articles in the Irish Times on both the Children's Rights Referendum and the Marriage Equality Referendum. In 2016-17, he was a constitutional law advisor to the Citizens' Assembly considering the pro-life provision in the Irish Constitution. He was a member of the Working Group on Unification Referendums on the Island of Ireland and in February 2020, he convened a blog symposium on the IACL/IADC blog addressing the constitutional dimensions of Irish unification.
https://tcd.academia.edu/OranDoyle http://ssrn.com/author=867538
Publications and Further Research Outputs
Peer-Reviewed Publications
Constitutional Identity and Unamendability in, editor(s)Ran Hirschl and Yaniv Roznai , Deciphering the Genome of Constitutionalism: The Foundations and Future of Constitutional Identity, Cambridge, Cambridge University Press, 2024, pp259 - 271, [Oran Doyle]
Oran Doyle, David Kenny, Christopher McCrudden, Law and Religion: Convergence and Divergence on the Island of Ireland, Irish Studies in International Affairs, 2024, p198 - 240
Oran Doyle and Conor Casey, Charter or Higher Law? The Constitution under the New Supreme Court, Dublin University Law Journal, 44, (1), 2024
Oran Doyle and Rachael Walsh, Assessing the Influence and Legitimacy of Citizen Deliberation on Abortion: A Reply to Eoin Carolan and Seana Glennon, International Journal of Constitutional Law, 22, (1), 2024, p204 - 208
Religion and Law in Ireland and Northern Ireland in, editor(s)Andrew Holmes and Gladys Ganiel , Oxford Handbook of Religion in Modern Ireland, Oxford, Oxford University Press, 2024, pp369 - 414, [Christopher McCrudden, Oran Doyle, and David Kenny]
Partly Laws Common to all Judge-Kind: The Commonality and Divergence of Constitutionally Conforming Interpretation in, editor(s)Matthias Klatt , Constitutionally Conforming Interpretation: Comparative Perspectives Volume II , Oxford, Hart Publishing, 2024, [Oran Doyle]
Oran Doyle, Executive Power and its Limits: Burke v Minister for Education, Irish Supreme Court Review, 5, 2023, p125 - 144
Oran Doyle, Constitutional Identity, Legal Autonomy, and Sovereignty: Costello v Government of Ireland, European Constitutional Law Review, 19, (4), 2023, p715 - 737
Oran Doyle, Executive Power and Judicial Appointments: Re Article 26 and the Judicial Appointments Commission Bill 2022, Dublin University Law Journal, 43, (2), 2023, p173 - 180
Oran Doyle, Mapping the Jural Border between Ireland and Northern Ireland, Review of Irish Studies in Europe, 6, (2), 2023, p101 - 109
Irish Unification: Constitutional Modalities and Adaptations in, editor(s)Paul Carmichael and Gisela Holfter , Unions, Break-ups and Special Relationships - Aspects of the Irish-German-UK Relationships, Limerick, Centre for Irish German Studies, 2022, [Oran Doyle]
Oran Doyle and Rachael Walsh, Constitutional Amendment and Public Will Formation: Deliberative Mini-Publics as a Tool for Consensus Democracy, International Journal of Constitutional Law, 20, 2022, p398 - 427
Ireland: Developments and Debates in, editor(s)Federico Fabbrini , The Law & Politics of Brexit Volume IV: The Protocol on Ireland / Northern Ireland, Oxford, Oxford University Press, 2022, [Oran Doyle]
Oran Doyle, Leaving the Union: Constitutionalising Secession Rights in the United Kingdom, Federalismi.it, 10, 2022, p222 - 240
Deliberative Mini-Publics as a Response to Populist Democratic Backsliding in, editor(s)Maria Cahill, Colm O'Cinneide, Seán Ó Conaill and Conor O'Mahony , Constitutional Change and Popular Sovereignty: Populism, Politics and the Law in Ireland, London, Routledge, 2021, pp224 - 243, [Oran Doyle and Rachael Walsh]
The Constitutional Tensions of Brexit in, editor(s)Oran Doyle, Aileen McHarg and Jo Murkens , The Brexit Challenge for Ireland and the United Kingdom: Constitutions under Pressure, Cambridge University Press, 2021, pp1 - 18, [Oran Doyle, Aileen McHarg and Jo Murkens]
Oran Doyle, Aileen McHarg, Jo Murkens, The Brexit Challenge for Ireland and the United Kingdom: Constitutions under Pressure, Cambridge, Cambridge University Press, 2021, 1 - 338pp
The Constitutional Politics of a United Ireland in, editor(s)Oran Doyle, Aileen McHarg, Jo Murkins , Constitutions Under Pressure: The Brexit Challenge for Ireland and the UK, Cambridge University Press, 2021, pp129 - 152, [Oran Doyle, David Kenny, Christopher McCrudden]
Alan Renwick, Oran Doyle, John Garry, Paul Gillespie, Cathy Gormley-Heenan, Katy Hayward, Robert Hazell, David Kenny, Christopher McCrudden, Brendan O'Leary, Etain Tannam, Alan Whysall , Working Group on Unification Referendums on the Island of Ireland: Final Report, Constitution Unit, University College London, May, 2021, p1 - 259
Oran Doyle, David Kenny, Christopher McCrudden, The Franchise in Irish Unification Referendums, Irish Studies in International Affairs, 32, (2), 2021, p182 - 213
Oran Doyle and Rachael Walsh, Deliberation in Constitutional Amendment: Reappraising Ireland's Deliberative Mini-Publics, European Constitutional Law Review, 16, (3), 2020, p440 - 465
Oran Doyle, Minority Rights and Democratic Consensus: The Irish Same-Sex Marriage Referendum, National Taiwan University Law Review, 15, (1), 2020, p21 - 48
Order from Chaos? Typologies and Models of Constitutional Change in, editor(s)Xenophon Contiades and Alkmene Fotiadou , Routledge Handbook of Constitutional Change, Abingdon on Thames, Routledge, 2020, pp45 - 60, [Oran Doyle]
Philosophical Foundations of Natural Rights, Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum, Max Planck Encylopedia of Comparative Constitutional Law, Heidelberg, Oxford University Press, 2019, [Oran Doyle and John Martin Gillroy]
Oran Doyle, Erik Longo, Andrea Pin, Populism: A Health Check for Constitutional Democracy, German Law Journal, 20, (3), 2019, p401 - 407
The Use of Foreign Law in Irish Constitutional Adjudication in, editor(s)Giuseppe Ferrari , Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems, Brill, 2019, pp69 - 93, [Oran Doyle and Tom Hickey]
Oran Doyle, Clearing the Legal Decks for the Abortion Referendum: The Supreme Court, Constitutional Precedent and Legal Certainty, Irish Supreme Court Review, 1, 2019, p223 - 241
Oran Doyle and Rachael Walsh, Participatory Democracy in Ireland: Citizens' Assemblies, Studi Senesi, 131, 2019, p485 - 496
Oran Doyle, Populist Constitutionalism and Constituent Power, German Law Journal, 20, (2), 2019, p161 - 180
Unearthing the 'Constitutional' in Quasi-Constitutionality in, editor(s)Richard Albert and Joel Colon Rios , Quasi-Constitutionality and Constitutional Statutes: Forms, Functions and Applications, Routledge, 2019, pp89 - 93, [Oran Doyle]
Oran Doyle, The Silent Constitution of Territory, International Journal of Constitutional Law, 17, 2018, p887 - 903
Interpretation: The Unrealizable Ideal of judicial Constraint in, editor(s)Eoin Carolan , Judicial Power in Ireland, Dublin, Institute of Public Administration, 2018, pp110 - 125, [Oran Doyle]
Oran Doyle, The Constitution of Ireland: A Contextual Analysis, 1st, Oxford, Hart Publishing, 2018, 0 - 230pp
Oran Doyle, Informal Constitutional Change, Buffalo Law Review, 65, (5), 2017, p101 - 118
Constitutional Change and Interest Group Politics: Ireland's Children's Rights Amendment in, editor(s)Richard Albert, Xenophon Contiades, Alkmene Fotiadou , The Foundations and Tradition of Constitutional Amendment, Hart Publishing, 2017, pp199 - 218, [Oran Doyle and David Kenny]
Administrative Action, the Rule of Law and Unconstitutional Vagueness in, editor(s)Laura Cahillane, Tom Hickey and James Gallen , Judges, Politics and the Irish Constitution, Manchester, Manchester University Press, 2017, pp237 - 251, [Oran Doyle]
Oran Doyle, Constitutional Change in Ireland: Political History and Balance of Power, Dublin University Law Journal, 42(2), 2017, p3 - 18
Oran Doyle, Constitutional Transitions, Abusive Constitutionalism and Conventional Constraint, National Journal of Constitutional Law, 35, 2017, p67 - 90
Constraints on Constitutional Amendment Powers in, editor(s)Richard Albert, Xenephon Contiades and Alkmene Fotiadou, , The Foundations and Traditions of Constitutional Amendment, Oxford, Hart Publishing, 2017, pp73 - 95, [Oran Doyle]
Oran Doyle, Foreign Law, Constitutional Cases and Theoretical Authority, Global Constitutionalism, 5, 2016, p85 - 108
Oran Doyle, Conventional Constitutional Law, Dublin University Law Journal, 38, 2015, p311 - 330
Oran Doyle, The Dynamics of Constitutional Change, Studies: An Irish Quarterly Review, 102, (2), 2013
Oran Doyle, The Legitimate Authority of the Living Law, Jurisprudence, 3, (1), 2012, p113 - 133
Oran Doyle, Judicial Scrutiny of Legislative Classification, Irish Jurist, 47, (1), 2012, p175 - 184
Oran Doyle, Law and Justice in Community: the Significance of the Living Law, Nordicum-Mediterraneum: Icelandic E-Journal of Nordic and Mediterranean Studies, 6, (2), 2011, p19
Oran Doyle, Elusive Quarries: A Failure of Regulation, Dublin University Law Journal, 34, 2011, p180 - 207
Oran Doyle, Desmond Ryan, Judicial Interpretation of the European Convention on Human Rights Act 2003: Reflections and Analysis, Dublin University Law Journal, 33, 2011, p369 - 392
Sisterly Love: the Importance of Explicitly Assumed Commitment in the Legal Recognition of Personal Relationships in, editor(s)Lynn Wardle, Scott Fitzgibbon, A Scott Loveless , The Jurisprudence of Marriage and Other Intimate Relationships, USA, WS Hein & Co, 2010, pp329 - 351, [Oran Doyle]
Oran Doyle, Family Autonomy and Children's Best Interests: Ireland, Bentham and the Natural Law, International Journal of the Jurisprudence of the Family, 1, 2010, p55 - 76
Oran Doyle, Legal Positivism, Natural Law and the Constitution, Dublin University Law Journal, 31, (1), 2009, p206 - 227
Doyle, Oran and Carolan, Eoin, The Irish Constitution: Governance and Values, Dublin, Thomson Roundhall , 2008, x-xlvi, 1-530pp
"Article 44: Privileging the Rights of the Faithful" in, editor(s)Eoin Carolan and Oran Doyle , The Irish Constitution: Governance and Values, Dublin, Round Hall Thomson, 2008, [Oran Doyle]
Moral Argument and the Recognition of Same-Sex Partnerships in, editor(s)Oran Doyle and William Binchy , Committed Relationships and the Law, Dublin, Four Courts Press, 2007, [Oran Doyle]
Oran Doyle, The Constitution at 70, Doctrine and Life, 57, 2007
Doyle, Oran and Binchy, William, eds, Committed Relationships and the Law, Dublin, Four Courts Press, 2007, 272pp
Oran Doyle, Direct Discrimination, Indirect Discrimination and Autonomy, Oxford Journal of Legal Studies, 27, 2007, p537 - 553
The Separation of Powers and Constitutional Egalitarianism after the Health (Amendment) (No.2) Bill Reference in, editor(s)Eoin O'Dell , Older People in Modern Ireland: Essays on Law and Policy, Dublin, First Law, 2006, pp393 - 426, [Oran Doyle and Gerry Whyte]
Oran Doyle, The European Communities (Natural Habitats) (Amendment) Regulations 2005, Dublin University Law Journal, 28, 2006
Oran Doyle, Constitutional Equality Law, Dublin, Thomson Roundhall, 2004
Oran Doyle, Legal Validity - Reflections on the Constitution, Dublin University Law Journal, 25, 2003
Non-Peer-Reviewed Publications
Oran Doyle, Review of David S. Law (ed.). Constitutionalism in Context, Review of Constitutionalism in Context., by David S. Law (ed.) , International Journal of Constitutional Law, 21, (3), 2023, p1244-1248
Oran Doyle, David Kenny, Christopher McCrudden, Fionnula Ní Aoláin, Legal Convergence and Divergence on the Island of Ireland: Report of the North-South Legal Mapping Projectto the Shared Island Unit, Oxford, Irish Research Council/Shared Island Unite, September, 2022, p1 - 19
Ideological Commitments and Constitutional Projects of Cross-Border Parties in the Irish Context, Alessandro Torre, Springer Encyclopedia of Contemporary Constitutionalism , Springer, 2022, [Oran Doyle]
Conor Casey, Oran Doyle, David Kenny, Donna Lyons, Ireland's Emergency Powers During the COVID-19 Pandemic, Irish Human Rights and Equality Commission, February, 2021, p1 - 104
Oran Doyle and Tom Hickey, Constitutional Law: Text, Cases and Materials, 2nd, Dublin, Clarus Press, 2019, 1 - 650pp
Oran Doyle, アイルランドの憲法変動, 法学セミナー, 467, 2018, p46 - 54
Constitutional Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2015, Dublin, Round Hall, 2017, [Oran Doyle and Estelle Feldman]
Oran Doyle, The Supreme Court, Review of The Supreme Court of Ireland, by Ruadhán Mac Cormaic , Studies: An Irish Quarterly, 2017
Ireland in, editor(s)Detlef Merten and Hans-Jurgen Papier , Handbuch der Grundrechte in Deutschland und Europa, Heidelberg, CF Muller GmbH, 2016, [Oran Doyle]
Constitutional Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2014, Dublin, Round Hall, 2015, [Oran Doyle and Estelle Feldman]
Constitutional Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2013, Dublin, Round Hall, 2014, pp110 - 207, [Oran Doyle]
Constitutional Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2012, Dublin, Round Hall Press, 2013, pp117 - 202, [Oran Doyle]
Constitutional Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2011, Dublin, Round Hall Press, 2012, pp160 - 239, [Oran Doyle]
Constitutional Law in, Annual Review of Irish Law 2010, Dublin, Thomson Round Hall, 2011, [Oran Doyle and Estelle Feldman]
Constitutional Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2009, Dublin, Thomson Roundhall, 2010, pp188 - 258, [Oran Doyle and Estelle Feldman]
Doyle, Oran and Scannell, Yvonne, Town and County Planning and Natura 2000 in Ireland, Amenagement du Territoire Urbanisme et Reseau Natura 2000, 11, 2009, p190 - 206
Constitutional Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2008, Dublin, Round Hall Thomson, 2009, pp122 - 182, [Oran Doyle and Estelle Feldman]
Oran Doyle, Constitutional Law: Text, Cases and Materials, Dublin, Clarus Press, 2008
Constitutional Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2007, Dublin, Round Hall Thomson, 2008, pp97 - 144, [Oran Doyle and Estelle Feldman]
Constitutional Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2005, Dublin, Thomson Roundhall, 2006, pp179 - 241, [Oran Doyle;Estelle Feldman]
Oran Doyle and Alan Keating, Discriminatory Planning Conditions - the Case for Reform, Law Society of Ireland, 2005
Rapport National: Ireland in, editor(s)Jessica Makowiak , La Mise en Place du Reseau Natura 2000, Limoges, Pulim, 2005, pp213 - 233, [Oran Doyle]
Constitutional Law in, editor(s)Raymond Byrne, William Binchy , Annual Review of Irish Law 2004, Dublin, Roundhall, 2005, pp163 - 212, [Oran Doyle, Estelle Feldman]
Property Rights and Natura 2000 in Ireland in, editor(s)Michel Paques , Natura 2000 and Property Rights, Brussels, Bruylant, 2005, pp139 - 152, [Oran Doyle]
Oran Doyle, The Duration of Primary Education, Irish Student Law Review, 10, 2002, p222-
Oran Doyle, The Human Personality Doctrine in Constitutional Equality Law, Irish Student Law Review, 9, 2001, p101-
Doyle O., Scannell, Doyle and Clarke, The Habitats Directive in Ireland, Trinity College Dublin, Centre for Environmental Law and Policy, 1999
Oran Doyle, Façade Retention: Standing of Incorporated Persons to Challenge Planning Permissions, Trinity College Law Review, 2, 1999, p106-
Oran Doyle, Men of Straw? Change to the Rules of Locus Standi: An Unsuspected Side Effect of the McKenna and Hanafin Decisions, Trinity College Law Review, 1, 1998, p37-
Research Expertise
Description
I am a world-leading expert in both constitutional law and comparative constitutional law and theory. I critically analyse how constitutional law changes, dynamics of judicial decision-making and amendment, and motivational factors that drive decision-making. Throughout my career, I have broken new ground in Irish constitutional scholarship by writing (i) the first monograph focused on a constitutional guarantee (equality), (ii) the first Text, Cases and Materials account of the constitution, and (iii) the first monograph of the constitution as a whole, `The Constitution of Ireland: A Contextual Analysis'. Commissioned by Hart Publishing for the Constitutional Systems of the World series, this book was reviewed as providing `the historical, political, and legal context that gives life to the bare text' of the constitution (Irish Jurist) and a `timely interdisciplinary analysis' (Studies) that `should be read by anyone with an interest in Irish constitutional law and also by comparative constitutional lawyers' (ICONnect). Alongside over 50 articles and book chapters, these publications have shaped not only the contours of Irish constitutional law but also - through my integration of legal theory with doctrinal analysis - our deeper understanding of the field's dynamics. My work has been cited nine times by the Supreme Court in the past five years. My work in comparative constitutional law and theory develops empirically grounded concepts of phenomena that recur across multiple constitutional systems. I integrate perspectives from constitutional doctrine, normative constitutional and democratic theory, legal and political theory, public choice analysis, and political science to build more compelling accounts and critiques of these phenomena. I have contributed to the pivotal debates in the field - democratic backsliding, populism, deliberative democracy, constitutional identity, Brexit, judicial citation of foreign cases, conforming constitutional interpretation, and amendment - in the leading journals and academic presses: International Journal of Constitutional Law, Global Constitutionalism, European Constitutional Law Review, German Law Journal, Oxford University Press, Cambridge University Press, Hart. I am currently researching a monograph, supported by a book-writing grant from the National Science and Technology Council (Taiwan), on constitutional amendment, for which the editors of the Oxford series in comparative constitutional law have invited a publishing proposal. Building on my own dataset of constitutional amendment provisions, the book advances a new theory and normative defence of amendment powers, exploring how constitutional amendment can serve as a site for consensus building and a bulwark for democratic governance. I frequently convene groups of leading scholars to advance new frontiers in comparative constitutional law. I am currently co-editing a special issue of the journal `Comparative Constitutional Studies' on referendums, the Edward Elgar Research Handbook of Constitutional Change, and a volume for Oxford University Press on constitutional conventions in civil law countries. I have previously co-edited for Cambridge University Press a volume on the Brexit Challenge for Ireland and the United Kingdom as well as a special issue of the German Law Journal on populism, and have convened symposia on constitutional conventions and constitutional silence published in the Dublin University Law Journal and the International Journal of Constitutional Law.Projects
- Title
- Measures on Access to Justice in Environmental Matters
- Summary
- Dr Doyle prepared the Irish report for a European Union project on the extent to which the laws of each Member State complied with Article 9(3) of the Aarhus Convention.
- Funding Agency
- European Commission
- Date From
- 01/01/2007
- Date To
- 12/07/2007
Recognition
Representations
Director, COVID-19 Law and Human Rights Observatory
Co-convenor of the International Association of Constitutional Law research group on public law responses to public health emergencies
Constitutional Law Advisor to Ireland's Citizens' Assembly
Co-convenor, International Association of Constitutional Law Research Group on Public Law Responses to Public Health Emergencies
Peer reviewer, Springer
Editor, Irish Supreme Court Review
Co-Chair of the British-Irish Chapter of the International Society of Public Law
External reader, Taiwan Constitutional Court Annual Report
Guest Editor, Comparative Constitutional Studies
Co-Chair of the International Society of Public Law Vetting Committee for new Chapters
Editor, Dublin University Law Journal
Member of the International Society of Public Law Working Group on New Chapters
Guest Editor special volume of the German Law Journal on Populism and Constitutionalism
Member of the editorial board of the Dublin University Law Journal.
Member of the Editorial Board of the Journal of Constitutional Studies.
External Examiner, NUI Galway
External Examiner, Honorable Society of King's Inns
External Examiner, Griffith College Dublin
Awards and Honours
Elected to Fellowship of the College
Provost's Teaching Award
Brookes Scholar, the Honourable Society of King's Inns
Awarded Gold Medal in LLB Degree
Scholar of Trinity College Dublin
Memberships
International Society of Public Law
Irish Jurisprudence Society
Irish Association of Law Teachers
International Association of Constitutional Law
Law and Society Association
David Fennelly
Biography
I am a legal scholar and practitioner with an interest in the law in its European and international context and in the interaction between the study of law and legal practice.
In the Law School, I currently teach Public International Law and Foundations of Law II (focused on international and EU law) on the LLB programme. I also co-teach an LLM course on Data Protection: Law, Policy and Practice and an LLM course on Human Rights Law. Previously, I was responsible for the Clinical Legal Education programme which works in partnership with a wide range of leading legal practice settings across the public, private and not-for-profit sectors.
My research interests are primarily in the field of public law in its European and international dimensions, with particular interest in human rights, equality, data protection and foreign affairs. I am also interested in more general issues relating to the legal system (particularly access to justice), the legal profession and legal education.
In addition to my academic work, I am a practising barrister in the Law Library, Dublin. Drawing on my academic expertise, I have a special interest in EU and international law, particularly in the fields of human rights, equality and data protection, and regularly appear in proceedings before the Irish superior courts and the Court of Justice of the European Union. I am also a member of the Council of the Free Legal Advice Centres, a human rights NGO which promotes access to justice for all.
Earlier in my career, I worked as a law clerk to members of the International Court of Justice in The Hague and as a judicial fellow in the High Court in Dublin. I also worked at the International Law Commission, the European Commission Legal Service and the Permanent Mission of Ireland to the United Nations, New York.
Publications and Further Research Outputs
Peer-Reviewed Publications
The Impact of Article 47 in the Irish Legal System in, editor(s)Bonelli, M., Eliantonio, M and Gentile G , Article 47 of the EU Charter and Effective Judicial Protection, Volume 2 - the National Courts' Perspective, 2023, Bloomsbury Professional , 2023, [Fennelly, D., Gilmore G. and Murphy C.]
The Protocol in Irish Law in, editor(s)McCrudden, C. , The Law and Practice of the Ireland-Northern Ireland Protocol, Cambridge University Press, 2022, [Fennelly, D.]
Fennelly, D (with Barry E, Lord, S. and Byrne A.), The Public Sector Duty in the Irish Justice System , Dublin, 2021
Fennelly, D. and Murphy, C., Racial Discrimination and Nationality and Migration Exceptions: Reconciling CERD and the Race Equality Directive , Netherlands Quarterly of Human Rights, 39, (4), 2021, p308 - 328
Rachael Walsh and Sarah Hamill (chapter authors) Deirdre Ahern and Suryapratim Roy (report editors), Policy Responses to Covid-19 In Ireland: Supporting Individuals, Communities, Businesses, and the Economy, COVID-19 Legal Observatory, Trinity College Dublin, December, 2020, p1 - 108
Murphy C and Fennelly D, Racial Discrimination and Citizenship and Migration Exceptions: Reconciling EU and International Human Rights Law, VU Amsterdam, 19-20 November 2020, 2020
Data Retention in Ireland in, editor(s)Zubik, Podkowik and Rybski , European Constitutional Courts towards Data Retention Laws , Germany, Springer International , 2020, pp137 - 154, [Fennelly, D.]
Fennelly D, Equality Litigation and its Challenges: the Case of Ireland, Equality Law in Europe: A New Generation Conference, European University Institute, Florence, 11 October 2019, 2019
Fennelly, D., The Public Sector Duty: the Irish Context and Potential Implications, Conference on the legal implications of the public sector duty in Irish law, Dublin, 19 October 2018, edited by FLAC , 2018
Fennelly, D., Data Retention: the Life, Death and Afterlife of a Directive , ERA Forum, 2018, p1 - 20
Articles 1, 2 and 5, CEDR in, editor(s)Prof. Dr. Eduardo Ales, Prof. Dr. Mark Bell, Prof. Dr. Olaf Deinert, Prof. Dr. Sophie Robin-Olivier, , International and European Labour Law: A Commentary , Baden-Baden, Nomos / CH Beck / Hart , 2017, [Fennelly D]
Articles 1-4, 11, CEDAW in, editor(s)Prof. Dr. Eduardo Ales, Prof. Dr. Mark Bell, Prof. Dr. Olaf Deinert, Prof. Dr. Sophie Robin-Olivier, , International and European Labour Law: A Commentary , Baden-Baden, Nomos / CH Beck / Hart , 2017, [Fennelly D]
Articles 2 and 7, ICESCR in, editor(s)Prof. Dr. Eduardo Ales, Prof. Dr. Mark Bell, Prof. Dr. Olaf Deinert, Prof. Dr. Sophie Robin-Olivier , International and European Labour Law: A Commentary , Baden-Baden, Nomos / CH Beck / Hart , 2017, [Fennelly D]
Article 26, ICCPR in, editor(s)Prof. Dr. Eduardo Ales, Prof. Dr. Mark Bell, Prof. Dr. Olaf Deinert, Prof. Dr. Sophie Robin-Olivier, , International and European Labour Law: A Commentary, Baden-Baden, Nomos / CH Beck / Hart , 2017, [Fennelly D]
RELUCTANT REFORMERS? FORMALISING JUDICIAL REGULATION IN IRELAND in, editor(s)Richard Devlin and Adam Dodek , REGULATING JUDGES: BEYOND INDEPENDENCE AND ACCOUNTABILITY, Edward Elgar, 2016, [Fennelly, D.]
David Fennelly, Cape Town Convention and international sanctions: the case of European Union sanctions against Russia, Cape Town Convention Journal, 2015, p1 - 20
David Fennelly, Cape Town Convention and International Sanctions, Cape Town Convention Academic Project, Oxford, 8/9 September 2015, 2015, University of Oxford - University of Washington -
Fennelly, Penser par cas: A Common Law Perspective, Revue interdisciplinaire d'études juridiques, 73, 2014, p155 - 172
David Fennelly, International Law in the Irish Legal System, Dublin, Thomson Reuters Round Hall, 2014
David Fennelly, Selected Issues in Irish Equality Case Law 2008-2011, Dublin, Equality Authority, January, 2013, p1 - 110
Non-Peer-Reviewed Publications
Fennelly D., Data Protection before the CJEU in 2022, Review of the CJEU in 2022, Irish Centre for European Law, 10 February 2023, 2023
Data Protection in the Field of Criminal Justice in, editor(s)Heffernan, L. , Criminal Law and Justice in the European Union, Dublin, Clarus Press, 2022, [Fennelly, D.]
Fennelly, D., Courage of its Convictions? Mutual Trust in the Area of Criminal Justice in an Era of Rule of Law Backsliding, What role for EU rights in the global legal order? CMLR on Tour, Dublin, 11 November 2022, 2022
Fennelly D, Mutual Trust in the Area of Criminal Justice, Seminar on EU Criminal Law: Cooperation and Mutual Trust Post-Brexit, TCD, 9 December 2022, 2022
Fennelly, D., The Evolution of EU Criminal Law post-Brexit: Implications for Ireland, Director of Public Prosecutions - Annual Prosecutors' Conference, Convention Centre Dublin, 16 October 2021, 2021
Fennelly, The Status of the Brexit Agreements in Irish Law, Irish Centre for European Law / Queen's University Belfast Seminar Series on the Brexit Withdrawal Agreement and EU-UK Trade and Cooperation Agreement, 23 March 2021, 2021
Fennelly, D., Protecting Personal Data in the Field of Criminal Justice: Recent Developments, Academy of European Law Annual Conference on Criminal Justice, Dublin Castle, 11 November 2021, 2021
Fennelly, D. , Contact Tracing Applications: the Irish Experience, Data Protection and COVID-19 Pandemic, Dublin, 2021, p39 - 58
Fennelly D, Protecting Personal Data in the Field of Criminal Justice, Academy of European Law Annual Conference on Criminal Justice, Trier, 12 November 2020, 2020
Fennelly, D., Transnational Climate Change Litigation, PILNet Global Forum 2020, Panel on Climate Change, Human Rights, and Public Interest Law, 20 October 2020, 2020
Fennelly D, The German Federal Constitutional Court's Ruling in the BVerfG Judgment of 5 May 2020, Trinity College Law School, Trinity Centre for Constitutional Governance (TriCON) and Irish Centre for European Law Covid 19 and EU Law Seminar Series, Webinar, 18 June 2020, 2020
Fennelly, D., Dublin at the Data Protection Frontier, TCD Law School Law and Contemporary Challenges - Wednesday Mini-Lecture Series, Dublin, 3 April 2019, 2019
Fennelly D, Judicial Independence: Challenge and Change, University of Genoa, 2 October 2019 , 2019
Fennelly, D., Access to Justice: the European Dimension, FLAC@50 Access to Justice Conference, Trinity College Dublin, 17 May 2019 , 2019
Fennelly D, Data Protection Litigation: An update , InfoLaw Conference 2019, Dublin, 22 March 2019, 2019
Fennelly, D., The Irish Legal System and Irish Legal Profession, Boston College, Dublin, Dublin, 15 January 2019, 2019, Boston College
Fennelly D, Report on National employment services: National Report - Ireland, FRESSCO ANNUAL COMPARATIVE REPORT, Ghent, FRESSCO, JULY 2017, 2017, p1 - 10
Fennelly D, The CJEU and the Political Organs in Data Protection Governance - Striking the Right Balance?, ICON-S Annual Conference , Copenhagen, 7 July 2017, 2017
David Fennelly, Data Retention - national and international perspectives, Academy of European Law - Annual Conference on Criminal Justice, Trier, Germany, 24/25 October 2017, 2017
Fennelly D, Practitioners and Professors: the Irish Experience, IJCLE - ENCLE - CLEO Annual Conference, Northumbria - Newcastle UK, 3-5 July 2015, 2017
FENNELLY, D., "Ever the Adversary?: the Legal Services Regulation Act 2015 and the Irish Legal Profession", International Legal Ethics Conference VII, , Fordham Law School, , 15-17 July 2016, 2016
Fennelly, D., "Managing Data's Borders: Towards a Global Framework for Data Protection?",, International Society of Public Law (ICON-S) Conference, , Humboldt University Berlin, 18 June 2016, 2016
Fennelly, D., "Protecting Fundamental Rights in the Fight Against Cybercrime", , Academy of European Law/Irish Centre for European Law/Law Society of Ireland Conference,, Dublin Castle, 11 May 2016, 2016
Fennelly, D., Protection from victimisation in the context of Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers: Report for Ireland, FresSco, 2016, 1-11
Fennelly, D., National report for Ireland on the application of Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers, FreSsco, 2016, 1-16
David Fennelly, Going against the (Transatlantic) Flow? The Search for an Effective Framework for International Data Transfers, LSE IT/Media Group - Specialist Seminar, Department of Law, London School of Economics, 18 November 2015, 2015, Dr. Orla Lynskey
David Fennelly, National Report on Free Movement of Persons, Co, July, 2015, p1 - 17
David Fennelly, Reconciling Regulation and Independence: the Irish Experience, International Legal Ethics Conference IV, City University London, 12/07/2014, 2014
David Fennelly, Review of Employment Equality Law , by Bolger, Bruton and Kimber , Dublin University Law Journal, 35, 2013
David Fennelly, Learning How to Learn from Experience: Exploring the Educational Added Value of Clinical Legal Education, Developing Clinical Legal Education in Ireland Conference, NUI Galway, 26 April 2013, 2013
Crotty's Long Shadow: the European Union, the United Nations and the Changing Framework of Ireland's International Relations in, editor(s)Eoin Carolan , The Irish Constitution: Perspectives and Prospects, Dublin, Bloomsbury Professional, 2012, [David Fennelly]
Research Expertise
Description
International Law; European Union Law; Constitutional Law Clinical Legal Education; Legal Profession; Law ReformRecognition
Representations
Member, Government Data Forum
National Expert - Free Movement, FreSsco (European Commission Network of Experts on Free Movement and Social Security Coordination)
Editorial Board, Irish Journal of European Law
Co-Editor, Dublin University Law Journal
Awards and Honours
Visiting Scholar, Trinity Trust Travel Grantee, Lauterpacht Research Centre for International Law, University of Cambridge, 2008
TCD Broad Curriculum Studentship
NYU Global Public Interest Fellowship
NYU International Law and Human Rights Fellow
NYU Merit Scholar
Fulbright Scholar
Non-Foundation Scholar
Government of Ireland Easter Week Commemoration Patrick Pearse Scholar
Law Research Fund Grant
European Network of Clinical Legal Education/Open Society Initiative Grant
National Institute for Teaching Ethics & Professionalism Fellowship
Memberships
Member and former Secretary, Irish Fulbright Alumni Association
Member, Irish Centre for European Law
Member, European Network for Clinical Legal Education
Sarah Hamill
Biography
Dr Sarah Hamill joined Trinity College Dublin in September 2017. She previously worked as a Lecturer at The City Law School, City, University of London, and prior to that she was a Catalyst Fellow at Osgoode Hall Law School in Toronto, Canada. She holds an LLB Honours from the University of Glasgow, an LLM from the University of Toronto, and a PhD in Law from the University of Alberta.
Dr Hamill's main areas of research are property law, housing law, and legal history. She has published widely in both areas. Her research in property law focuses on the interaction of public and private claims in the context of property law and housing law. Recent work includes a comparative analysis of restrictions on accessing property and housing, and an article about specific performance in Ireland.
Dr Hamill's legal history research has focused on the regulation of alcohol in early-twentieth-century Canada and explored how the province of Alberta sought to make its liquor laws effective. This research included an examination of the role plebiscites played in shaping the regulation of alcohol. In addition to her research in property and legal history, Dr Hamill has also published in the area of public law, specifically equality, and freedom of expression.
Dr Hamill"s work on legal history has been cited by the Tribunal des droits de la personne (Human Rights Tribunal of Quebec), her work on freedom of expression has been cited by the Quebec Court of Appeal, and her work on property law has been cited by the Supreme Court of Canada.
Dr Hamill has provided media commentary about her areas of research, in particular she has provided media commentary on drug and alcohol regulation in Canada, on the legal issues around student protests on Canadian university campuses, and on housing law issues in Ireland. She has written articles for the Irish Examiner, the Sunday Business Post, and the Irish Times, and she has appeared on Morning Ireland, News Talk, Drivetime, Prime Time, and CBC Toronto News. She is open to media queries on housing law and property law issues both in Ireland and beyond.
At Trinity Dr Hamill teaches English Land Law, and Housing Law and Rights in Context to undergraduate students. She also leads a final-year undergraduate dissertation group on Law and Empire. She has previously taught Private Law Remedies, and formerly led a final-year dissertation group on Property Law and Theory.
Publications and Further Research Outputs
Peer-Reviewed Publications
Mary Dobbs, Sarah E Hamill, and Robin Hickey, Land Law and Land Use, Irish Studies in International Affairs, 34, (2), 2023, p149 - 185
Sarah E. Hamill, Property Says No: Relational (In)Equality, Encampments, and Property Rights, Journal of Law and Social Policy, 36, 2023, p119 - 137
Sarah E Hamill and Ciara Hackett, Law of Obligations, Irish Studies in International Affairs, 34, (2), 2023, p439 - 479
Sarah E Hamill, Social Housing, Domestic Violence and the Public Sector Duty , Mercy Law Resource Centre, September, 2023, p1 - 32
At law, at equity, (sometimes) at odds with other judges: Chief Baron Palles and the Judicature Act in, editor(s)Oonagh B Breen and Noel McGrath , Palles: The Legal Legacy of the Last Lord Chief Baron , Dublin, Four Courts Press, 2022, pp35 - 51, [Sarah E. Hamill]
Sarah E. Hamill, Restricting Access to Property: Citizens, Owners, Residents, and Claims to Property, Common Law World Review, 2022
Charlie Wing and the Alberta Liquor Control Board: The Story of the first Chinese-Canadian hotel licensee in post-prohibition Alberta in, Dan Malleck and Cheryl Krasnick Warsh , Pleasure and Panic: New Essays on the History of Alcohol and Drugs , Vancouver, University of British Columbia Press, 2022, pp245 - 269, [Sarah E. Hamill]
David DesBaillets & Sarah E. Hamill, Coming in from the Cold: Canada's National Housing Strategy, Homelessness, and the Right to Housing in a Transnational Perspective, Canadian Journal of Law and Society , 2022, p1-21
Sarah E. Hamill, Getting the Reasoning Right: Gibbons v Doherty and ADT Investments Ltd [2020] IESC 72, Irish Supreme Court Review, 4, 2022, p83 - 100
Sarah Hamill, "The Properties of Universities and Universities' Property: Academic Freedom, Freedom of Expression, and Accessing Campuses", CAUT Journal, 2021, p1 - 16
Journal of Canadian Studies, 55, 2, (2021), 231 - 480p, Michael Boudreau and Sarah E Hamill, [eds.]
Sarah E Hamill, Enduring Trespass: What Adverse Possession Reveals about Property, Supreme Court Law Review, 2nd Series, 96, 2020, p215 - 236
Sociology of contract and property law in, editor(s)Jiri Priban , Research Handbook on the Sociology of Law, Cheltenham, UK, Edward Elgar, 2020, pp258 - 270, [Sarah E Hamill]
Rachael Walsh and Sarah Hamill (chapter authors) Deirdre Ahern and Suryapratim Roy (report editors), Policy Responses to Covid-19 In Ireland: Supporting Individuals, Communities, Businesses, and the Economy, COVID-19 Legal Observatory, Trinity College Dublin, December, 2020, p1 - 108
Sarah E Hamill, Public Policy or Intent: The Rationale Underlying Easements of Necessity, Dublin University Law Journal, 42, (1), 2020, p63 - 87
Sarah E. Hamill, Review of Legal History, Social & Legal Studies, 2019
Sarah E Hamill, Bursting its Bounds: Ownership and the City, University of British Columbia Law Review, 51, (3), 2018, p739 - 772
Sarah E Hamill, Caught between Deference and Indifference: The Right to Housing in Canada, Canadian Journal of Human Rights, 7, (1), 2018, p67 - 95
Sarah E. Hamill, Sex, Race, and Motel Guests: Another Look at King v Barclay, Osgoode Hall Law Journal, 54, (3), 2017, p851 - 875
Pippa Feinstein & Sarah E. Hamill, The Silencing of LGBTTQQIA Voices in the Litigation over Trinity Western University's Proposed Law School, Windsor Yearbook of Access to Justice, 34, (2), 2017, p156 - 185
Sarah E. Hamill, Community, Property, and Human Rights: The Failure of Property-as-Respect, Journal of Law and Social Policy, 27, 2017, p7 - 28
Sarah E. Hamill, The Public Right to Fish and the Triumph of Colonial Dispossession in Ireland and Canada, University of British Columbia Law Review, 50, (1), 2017, p53 - 94
Sarah E. Hamill, Of Malls and Campuses: The Regulation of University Campuses and Section 2(b) of the Charter, Dalhousie Law Journal, 40, (1), 2017, p157 - 187
Sarah E. Hamill, The Alberta Liquor Control Board and the Question of Administrative Independence, 1924193, Alberta Law Review, 53, (3), 2016, p747 - 775
Sarah E. Hamill, The Meta-Constitution: Amendment, Recognition, and the Continuing Puzzle of Supreme Law in Canada, Oxford University Commonwealth Law Journal, 16, (1), 2016, p28 - 64
Sarah E. Hamill, Liquor Laws, Legal Continuity, and Hotel Beer Parlours in Alberta, 1924 to c 1939, Histoire socilae/Social History, 49, (100), 2016, p581 - 602
Sarah E. Hamill, Common Law Property Theory and Jurisprudence in Canada, Queen's Law Journal, 40, (2), 2015, p679 - 703
Sarah E. Hamill, Prohibition Plebiscites on the Prairies: (Not-So) Direct Legislation and Liquor Control in Alberta, 1915 to 1932, Law and History Review, 33, (2), 2015, p377 - 410
Sarah E. Hamill, Location Matters: How Nuisance Governs Access to Property for Free Expression, University of British Columbia Law Review, 47, (1), 2014, p129 - 165
Sarah E. Hamill, Private Rights to Public Property: the Evolution of Common Property in Canada, McGill Law Journal, 58, (2), 2012, p365 - 403
Sarah E. Hamill, Making the Law Work: Alberta's Liquor Act and the Control of Medicinal Liquor from 1916 to 1924, Canadian Journal of Law and Society, 27, (2), 2012, p249 - 265
Sarah E. Hamill, Private Property Rights and Public Responsibility: Leaving Room for the Homeless, Windsor Review of Legal and Social Issues, 30, 2011, p91 - 114
Non-Peer-Reviewed Publications
Sarah E. Hamill, The Celtic Paper Tiger: Ireland's Residential Tenancies Acts 2004-2022 and the Chimera of Tenants" Rights, Institute for Advanced Legal Studies, Director's Seminar Series, Online, 29 March 2023, 2023, Institute for Advanced Legal Studies
Sarah Hamill, Sociology of contract and property law, 2021 Socio-legal Studies Association Conference, Cardiff University/Online, March 2021, 2021
Sarah E. Hamill, Review of Justifying Private Rights , by Simone Degeling, Michael Crawford and Nicholas Tiverios (eds) , Modern Law Review, 2021
Sarah E. Hamill, Getting the Reasoning Right: Gibbons v Doherty and ADT Investments Ltd [2020] IESC 72, Irish Supreme Court Review Conference, Online, November 2021, 2021
Alan Eustace, Sarah Hamill, Andrea Mulligan, Public Health Law During the COVID-19 Pandemic in Ireland: A Public Policy Report of the COVID-19 Legal Observatory , Covid-19 Law and Human Rights Observatory, Trinity College Dublin, August, 2021, p1 - 142
Sarah E. Hamill, Review of Possession, Relative Title, and Ownership in English Law, by Luke Rostill , Cambridge Law Journal, 80, (3), 2021, p624-627
Sarah E. Hamill, Understanding Ownership, New Directions in Private Law Theory, University College London/Onlline, November 2021, 2021
Sarah E Hamill, Eoin O'Dell, Alan Eustace, Philip Gavin and Sadhbh McGrath, Embedding Group Work and Innovative Assessment in the Private Law Curriculum, The Society of Legal Scholars Annual Conference, online/ Durham University, 31/08 - 3/09 2021, 2021
Sarah Hamill and Sarah Keenan, Critical Perspectives on Land Registration, 10/2020-01/2021, 2020, Online/Birkbeck, University of London
Sarah Hamill, The Properties of Universities and Universities' Property: Academic Freedom, Freedom of Expression, and Accessing Campuses, Free Speech on Campus, Toronto, ON, February 2019, 2019
Sarah Hamill, Review of New Perspectives on Land Registration , by Amy Goymour, Stephen Watterson, and Martin Dixon (eds) , Legal Studies, 39, (3), 2019, p550-553
Sarah Hamill, Time, Contingency, and the Duty to Act like an Owner: What Adverse Possession Reveals about property, New Work in Property and Trusts Symposium, University College London, May 2019, 2019
Sarah E. Hamill, Review of Property Law in a Globalizing World, by Amnon Lehavi , International and Comparative Law Quarterly, 2019
Sarah E Hamill, "Goodwill or Good excuse?: the origins and afterlife of Ulster Transport Authority v James Brown & Sons", Reputation as Property: perspectives from tort and property, Trinity College Dublin, January 2019, 2019
Sarah Hamill, Public Rights of Way Over Private Land: Aberration, Interruption, or Correction?, Colloquium: Intersections in Private Law, Sydney, Australia, August 2019, 2019
Sarah Hamill and David Mangan, Reputation as Property: Perspectives from Property and Tort, 2019, Dublin
Sarah Hamill, Thinking About Public Property: The Nature of Land, Owners, and Use, Annual Meeting of the Association for Law, Property and Society,, Maastricht University, May-June 2018, 2018
Sarah Hamill, Enduring Trespass and Challenging Property: What Adverse Possession Tells us About Property, Modern Studies in Property Law 2018, University College London, April 2018, 2018
Sarah Hamill, Charlie Wing and the Alberta Liquor Control Board: Anti-Chinese Racism and the Liquor Laws in Post-Prohibition Alberta, Law at the Crossroads - The Annual Meeting of the Law and Society Association, Toronto, ON, 2018
Sarah Hamill, Involuntary Transfers of Ownership and the Search for Certainty in Property, Modern Studies in Property Law Publication Workshop, Queen's College, Cambridge, April 2017, 2017
Sarah Hamill, Owners and Citizens: Entitlements to Property and Questions of Community, A Workshop on Property, Vulnerability, and Resilience, University of Essex, September 2017, 2017
Sarah Hamill, The Last Gasp of Temperance? Liberalising the Liquor Laws in Post-War Alberta, 1945-1958, Canada's Legal Past: Future Directions in Canadian Legal History, University of Calgary, July 2017, 2017
Sarah Hamill, Bursting its Bounds: Ownership and the City, Property in the City, University of British Columbia, March 2017, 2017
Sarah Hamill, "Fishing Rights and the Triumph of Colonial Dispossession" , Confronting the Violence of Capital, Historical Materialism 2016 Conference, York University, May 2016, 2016
Sarah Hamill, A Theory of Urban Property, Challenging Traditional Notions of Property in Land Use Planning, Osgoode Hall Law School, York University, June 2016, 2016
Sarah Hamill, Sex, Race, and Motel Guests: Another Look at King v Barclay, Law, History, Authority - A Symposium in Honour of Douglas Hay, York University, May 2016, 2016
Sarah E. Hamill, Ola Malik, Megan van Huizen, Tent Cities, Homelessness and the Charter: A Commentary on Abbotsford (City) v Shantz, Digest of Municipal and Planning Law, 7, (16), 2016, p1 - 6
Sarah E. Hamill, Ola Malik, Imposing Limits on the Public's Right to Access Transit Services: Is the Alberta Court of Appeal's Train of Thought in the Case of R v SA on the Right Track, Digest of Municipal and Planning Law, 6, (24), 2014, p1 - 8
Sarah Hamill, The Failure of Prohibition and the Success of Government Control: Legal Change in Alberta, Law on the Edge - Joint Meeting of the CLSA and LSA-ANZ, University of British Columbia, July 2013, 2013
Sarah E. Hamill, Judges and Religious-Based Reasoning: A Response to Ginn and Blaikie, Constitutional Forum constitutionnel, 21, (1), 2012, p15 - 24
Sarah E. Hamill, McIvor v Canada and the 2010 Amendments to the Indian Act: A Half-hearted Remedy to Historical Injustice, Constitutional Forum constitutionnel, 19, (2), 2011, p75 - 84
Sarah E. Hamill, Review of of Canadian State Trials, Volume III: Political Trials and Security Measures, 1840-1914 , by Barry Wright & Susan Binne , Labour/Le Travail, 66, 2010, p2
Research Expertise
Recognition
Awards and Honours
Eleanor Luxton Historical Foundation Graduate Fellowship
University of Alberta Foote Graduate Award
The Honourable N.D. McDermid Graduate Scholarship in Law
Alberta Law Foundation Ph.D Scholarship
University of Alberta, Faculty of Law Graduate Scholarship
Memberships
Society of Legal Scholars
Canadian Law and Society Association
Aileen Kavanagh
Professor Aileen Kavanagh
Professor of Constitutional Governance, Law
Publications and Further Research Outputs
Peer-Reviewed Publications
Aileen Kavanagh, The Collaborative Constitution, Cambridge, Cambridge University Press, 2022, 1 - 321pp
The Living Constitution in Collaborative Context in, editor(s)Kate O'Regan Carlos Bernal Sujit Choudhry , Research Handbook on Constitutional Interpretation, London, Edward Elgar, 2022, pp1-10 , [Aileen Kavanagh]
Aileen Kavanagh, Towards a Relational Conception of the Separation of Powers, Public Law, 2022, p10
Aileen Kavanagh, Comparative Political Process Review, International Journal of Constitutional Law, 18, (4), 2020, p1483 - 1489
Aileen Kavanagh, Recasting the Political Constitution: From Rivals to Relationships, King's Law Journal, 30, 2019, p43 - 73
The Constitutional Separation of Powers in, editor(s)David Dyzenhaus Malcolm Thorburn , Philosophical Foundations of Constitutional Law, Oxford, Oxford University Press, 2016, pp221 - 224, [Aileen Kavanagh]
Aileen Kavanagh, What's so Weak about Weak-Form Review? The Case of the UK Human Rightws act, International Journal of Constitutional Law (I.CON), 2016, p1008 - 1039
Aileen Kavanagh, The Lure and the Limits of Dialogue, University of Toronto Law Journal, 2016, p83 - 120
Rights-Based Constitutional Review in the UK: From Form to Function in, editor(s)John Bell Marie-Luce Paris , Rights-Based Constitutional Review: Constitutional Courts in a Changing Landscape, London, Edward Elgar, 2016, pp63 - 94, [Chintan Chandrachud & Aileen Kavanagh]
The Role of Courts in the Joint Enterprise of Governing in, editor(s)Nick Barber Richard Ekins Paul Yowell , Lord Sumption and the Limits of the Law, Oxford, Hart Publishing, 2016, pp121 - 141, [Aileen Kavanagh]
Aileen Kavanagh, A Hard Look at the Last Word, Oxford Journal of Legal Studies, 2015, p825 - 847
The Joint Committee on Human Rights: A Hybrid Breed of Constitutional Watchdog in, editor(s)Murray Hunt Hayley Hooper Paul Yowell , Parliament and Human Rights: Redressing the Democratic Deficit, Oxford, Hart Publishing, 2015, pp115 - 141, [Aileen Kavanagh]
Aileen Kavanagh, What's so Weak about Weak-Form Review? A Rejoinder to Stephen Gardbaum, International Journal of Constitutional Law, 13, (4), 2015, p1049 - 1053
Aileen Kavanagh, Reasoning about Proportionality under the Human Rights Act 1998: Outcomes, Substance and Process, Law Quarterly Review, 130, 2014, p235 - 258
Aileen Kavanagh, Proportionality and Parliamentary Debates: Exploring Some Forbidden Territory, Oxford Journal of Legal Studies, 34, 2014, p443 - 479
Unconstitutional Constitutional Amendments from Irish Free State to Irish Republic in, editor(s)Eoin Carolan , The Constitution of Ireland: Perspectives and Prospects, Dublin, Bloomsbury Professional, 2012, pp30 pages , [Aileen Kavanagh]
Aileen Kavanagh, The Irish Constitution at 75 Years: Natural Law, Christian Values and the Ideal of Justice, Irish Jurist, 48, 2012, p71 - 102
Aileen Kavanagh, Constitutionalism, Counterterrorism, and the Courts: Changes in the British Constitutional Landscape, International Journal of Constitutional Law (I.CON), 9, 2011, p172 - 199
From Appellate Committee to UK Supreme Court: Independence, Activism, and Transparency in, editor(s)James Lee , From House of Lords to Supreme Court: Judges, Jurists and the Process of Judging, Oxford, Hart Publishing, 2011, pp35 - 57, [Aileen Kavanagh]
Aileen Kavanagh, Special Advocates, Control Orders and the Right to a Fair Trial, Modern Law Review, 73, (5), 2010, p824 - 857
Aileen Kavanagh, Judicial Restraint in the Pursuit of Justice, University of Toronto Law Journal, 60, 2010, p23 - 40
Aileen Kavanagh, Defending Deference in Public Law and Constitutional Theory, Law Quarterly Review, 126, (2), 2010, p222 - 250
Aileen Kavanagh, Judging the Judges under the Human Rights Act: Deference, Disillusionment and the "War on Terror", Public Law, 2009, p287 - 304
Aileen Kavanagh, Strasbourg, the House of Lords, or Elected Politicians: Who Decides about Rights after Re P?, 72, 2009, p828 - 843
Aileen Kavanagh, Constitutional Review, the Courts, and Democratic Scepticism, Current Legal Problems, 62, 2009, p102 - 135
Aileen Kavanagh, Constitutional Review under the UK Human Rights Act, Cambridge, Cambridge University Press, 2009, 1 - 450pp
Aileen Kavanagh John Oberdiek, Arguing About Law, Abingdon, Routledge, 2008, 1 - 618pp
Deference or Defiance? The Limits of the Judicial Role in Constitutional Adjudication in, editor(s)Grant Huscroft , Expounding the Constitution: Essays in Constitutional Theory, Cambridge, Cambridge University Press, 2008, pp184 - 216, [Aileen Kavanagh]
Aileen Kavanagh, Parliamentary Intent, Statutory Interpretation and the Human Rights Act 1998, Oxford Journal of Legal Studies, 26, 2006, p179 - 209
Aileen Kavanagh, Pepper v Hart and Matters of Constitutional Principle, Law Quarterly Review, 120, 2005, p98 - 122
Aileen Kavanagh, The Elusive Divide between Interpretation and Legislation under the Human Rights Act 1998, Oxford Journal of Legal Studies, 24, (2), 2004, p259 - 285
Aileen Kavanagh, The Role of a Bill of Rights in Reconstructing Northern Ireland, Human Rights Quarterly, 26, 2004, p956 - 982
Aileen Kavanagh, The Idea of a Living Constitution, Canadian Journal of Law and Jurisprudence, 16, (1), 2003, p55 - 89
Aileen Kavanagh, Participation and Judicial Review: A Reply to Jeremy Waldron, Law and Philosophy, 22, 2003, p1 - 35
Aileen Kavanagh, Original Intention, Enacted Text, and Constitutional Interpretation, The American Journal of Jurisprudence, 47, 2002, p255 - 298
Aileen Kavanagh, The Quest for Legitimacy in Constitutional Interpretation, Irish Jurist, 32, 1998, p195 - 216
Recognition
Awards and Honours
Annual Borrin Lecturer 2021, Victoria University of Wellington, New Zealand
Erasmus+ Award, Jean Monnet Centre of Excellence from the European Commission
British Academy Midcareer Research Fellowship
Shortlisted for the Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship
Annual Gold Medal in Jurisprudence for Best Finals Performance in Jurisprudence, UCD
Memberships
Society of Legal Scholars (SLS)
Oxford and Cambridge Society of Ireland
David Kenny
Professor David Kenny
Professor In, Law
Head Of School, School Office - Law
Biography
Professor David Kenny is Professor in Law at the Law School, teaching and researching Irish and comparative constitutional law, conflict of laws, critical legal theory and law and literature. He is a graduate of Trinity College Dublin, Harvard Law School, and the Honourable Society of the King's Inns, and is an alumnus of the US State Department's Fulbright programme. He was elected a Fellow of Trinity College Dublin in 2021. Since June 2024, he has served as Head of the Law School.
Professor Kenny's research specialises in Irish and comparative constitutional law. He is co-author of the 5th edition of Kelly: the Irish Constitution, the leading text on Irish Constitutional Law, as well as many peer-reviewed articles in leading national and international journals on topics such as proportionality, constitutional culture, referendums, and executive branch legal advisors. He also researches widely in the field of law and literature. He has recently published a book with Routledge drawing together law, literature, and philosophical pragmatism entitled 'Pragmatism, Law and Literature'.
Professor Kenny has worked on constitutional reform issues across the island of Ireland. He has given expert evidence on constitutional issues to the Citizen's Assembly, the Joint Oireachtas Committee on the Eighth Amendment, the Joint Oireachtas Committee on Justice and Defence, and the Oireachtas Special Covid-19 Committee. He was a member of the Working Group on Unification Referendums on the Island of Ireland which reported in 2021, convened by the Constitution Unit of University College London and supported by funding from the British Academy and the Joseph Rowntree Charitable Trust. He was a co-ordinator of NSLMap, a recently-concluded project funded by the Shared Island Unit and Irish Research Council to map the convergences and divergences in various areas of law between Ireland and Northern Ireland. He served as a facilitator for the Northern Ireland Assembly Ad Hoc Committee on a Bill of Rights for Northern Ireland. He co-authored a major report on the human rights impact of COVID-19 response measures for the Irish Human Rights and Equality Commission in 2021. He also, from 2020-2023, worked with the Irish Human Rights and Equality Commission to develop a policy on constitutional change in respect of Economic, Social, and Cultural Rights. He is currently a member of the Research Advisory Group of An Coimisiún Toghcháin/The Electoral Commission.
Farther afield, he worked with the Centre of Constitutional Democracy at IU Bloomington and the US National Committee on North Korea in 2021 to compile a report on constitutionalism on the Korean Peninsula. He has advised the Commission on the Constitution of the National Diet of Japan about matters related to referendums. In August 2023 served as a human rights/rule of law consultant and training expert for the Organisation for Security and Co-operation in Europe in Ukraine. Since March 2024, he has served as an external expert for the appointments process for the Constitutional Court of Ukraine, setting written competence assessments in constitutional law for candidates being considered for appointment to the Court. He recently engaged with various stakeholders and International IDEA on reform of the Senate of Thailand.
He currently serves as a Senior Distinguished Research Fellow at the Constitution Studies Program at the University of Texas at Austin, and as a Senior Fellow at Melbourne Law School.
Professor Kenny currently teaches Constitutional Law and Critical Perspectives on Law. When not serving as Head of School, he teaches Conflict of Laws; Law and Literature; and judging in Apex Courts, co-taught with the former Chief Justice of Ireland. He was a recipient of the Provost's Award for Excellence in Teaching in 2015.
Publications and Further Research Outputs
Peer-Reviewed Publications
Religion and Law in Ireland and Northern Ireland in, editor(s)Andrew Holmes and Gladys Ganiel , Oxford Handbook of Religion in Modern Ireland, Oxford, Oxford University Press, 2024, pp369 - 414, [Christopher McCrudden, Oran Doyle, and David Kenny]
Oran Doyle, David Kenny, Christopher McCrudden, Law and Religion: Convergence and Divergence on the Island of Ireland, Irish Studies in International Affairs, 2024, p198 - 240
Referendums in 2040: Future Challenges Facing the Successful Irish Referendum Process in, editor(s)Keigo Komamura , Platform and Democracy: The Future of Another Monster Demos, 2024, pp305 - 324, [David Kenny (trans. Satoshi Yokodaido)]
David Kenny, Reencountering texts: James Boyd White, legal reading, and bringing back the human, Yale Journal of Law and Humanities, 35, (2), 2024, p363 - 377
David Kenny, Pragmatism, Law, and Literature, Routledge, 2024
The 1922 Constitution as a failed attempt to break from the Westminster tradition in, editor(s)Laura Cahillane and Donal Coffey , The Centenary of the Irish Free State Constitution: Constituting a Polity, Palgrave, 2024, pp175 - 196, [David Kenny]
David Kenny, Liberation from constraint and the culture of the new Supreme Court: Afterword to the Foreword by Conor Casey and Oran Doyle, Dublin University Law Journal (forthcoming), 44, (2), 2024
David Kenny and Conor Casey, How liberty dies in a galaxy far, far away: Star Wars, democratic decay, and weak executives, Law and Literature, 35, (2), 2023, p221 - 246
Ireland in, editor(s)Jaakko Husa, Jan Smits, Catherine Valcke , Elgar Encyclopedia of Comparative Law, Edward Elgar, 2023, pp293 - 299, [David Kenny]
David Kenny, Review of Law and Religion in Ireland, 1700-1970, by Niamh Howlin and Kevin Costello , Journal of Church and State, 2023
David Kenny, Maria Kotsoni, Lauryn Musgrove McCann, Social rights, culture, crisis, and austerity: the strange case of Ireland, Irish Jurist (), 70, 2023, p131 - 155
Conor Casey and David Kenny, The Risk and Rewards of Ireland's Leviathan: Rule of Law Values and the Irish Executive's Crisis Response to COVID-19, Irish Jurist, 70, 2023, p242 - 267
Laura Cahillane and David Kenny, The Seamus Woulfe controversy and the deficiencies in Ireland's judicial appointments process, Northern Ireland Legal Quarterly, 74, (2), 2023, p22 - 49
The Game Goes On: Why Legal Theorists Can Never Admit that Stanley Fish is Right in, editor(s)Thomas Bustamante and Margaret Martin , New Essays on the Fish-Dworkin Debate, Hart Publishling, 2023, pp75 - 95, [David Kenny]
Conor Casey and David Kenny, The Gatekeepers: Executive Lawyers and the Executive Power in Comparative Constitutional Law, International Journal of Constitutional Law (ICON), 20, (2), 2022, p664 - 695
David Kenny, Examining Constitutional Culture: Assisted Suicide In Ireland And Canada, Journal of Comparative Law, 17, (1), 2022, p85 - 115
David Kenny and Lauryn Musgrove McCann, Directive Principles, Political Constitutionalism, and Constitutional Culture: the case of Ireland's failed Directive Principles of Social Policy, European Constitutional Law Review, 18, 2022, p207 - 236
Jurisdiction, Choice of law, and enforcement of judgments in, editor(s)Christopher McCrudden , The Law and Practice of the Northern Ireland Protocol, Cambridge , Cambridge University Press, 2022, pp296 - 307, [David Kenny]
Laura Cahillane and David Kenny, Lessons from Ireland's 2020 Judicial Conduct Controversy., Common Law World Review, 51, (1-2), 2022, p24 - 24
Are the people the masters? Constitutional Referendums in Ireland in, editor(s)Richard Albert and Richard Stacey , The Legality and Legitimacy of Referendums., Oxford University Press, 2022, pp264 - 292, [David Kenny and Aileen Kavanagh]
David Kenny, TD V MINISTER FOR EDUCATION, CONSTITUTIONAL CULTURE, AND CONSTITUTIONAL DARK MATTER, Irish Judicial Studies Journal , 6, (3), 2022, p39 - 46
David Kenny, The Human Pared Away: Hilary Mantel's Thomas Cromwell as an Archetype of Legal Pragmatism , Law and Literature, 43, (1), 2022, p109 - 139
Interpretation in law and literature in, editor(s)Adam Hanna and Eugene McNulty , Law and Literature: The Irish Case, Manchester University Press, 2022, pp21 - 44, [Tom Hickey and David Kenny ]
Sovereignty and Federalism in, editor(s)Guerino D'Ignazio , The Constitutional System of the United States of America , Wolters Kluwer, 2022, pp133 - 153, [David Kenny and Andrea Pin]
Conor Casey and David Kenny, Ireland-COVID-19 response raises some rule of law concerns, Public Law, April, 2021, p480 - 483
David Kenny and Conor Casey, The Resilience of Executive Dominance in Westminster Systems: Ireland 2016-2019, Public Law , (April), 2021, p335 - 374
The Risks of Referendums: "Referendum culture" in Ireland as a solution? in, editor(s)Maria Cahill, Colm Ó Cinnéide, Conor O'Mahony, Sean Ó Conaill , Constitutional Change and Popular Sovereignty in Ireland , Routledge, 2021, pp198 - 223, [David Kenny]
Conor Casey, Oran Doyle, and David Kenny, The Irish State's COVID-19 Response and the Rule of Law: Causes for Concern, Studies, 440, (Winter ), 2021, p446 - 457
How our courts decide: the Decision-making Processes of Supreme Administrative Courts in, editor(s)ACA-Europe , Supreme Administrative Courts' Jurisprudence in Europe, Germany, GH Beck, 2021, pp43-87 - [Mr Justice Frank Clarke, David Kenny, Aine Ryall]
Ireland in, editor(s)Luís Roberto Barroso and Richard Albert , The 2020 International Review of Constitutional Reform, Texas, Program on Constitutional Studies at the University of Texas at Austin, 2021, pp153 - 157, [Conor Casey and David Kenny]
The Constitutional Politics of a United Ireland in, editor(s)Oran Doyle, Aileen McHarg, Jo Murkins , Constitutions Under Pressure: The Brexit Challenge for Ireland and the UK, Cambridge University Press, 2021, pp129 - 152, [Oran Doyle, David Kenny, Christopher McCrudden]
David Kenny, 'Love mounts to the throne with law': Citizenship in Northern Ireland and Seamus Heaney's Antigone, Law and Humanities, 15, (2), 2021, p195 - 218
Oran Doyle, David Kenny, Christopher McCrudden, The Franchise in Irish Unification Referendums, Irish Studies in International Affairs, 32, (2), 2021, p182 - 213
Alan Renwick, Oran Doyle, John Garry, Paul Gillespie, Cathy Gormley-Heenan, Katy Hayward, Robert Hazell, David Kenny, Christopher McCrudden, Brendan O'Leary, Etain Tannam, Alan Whysall , Working Group on Unification Referendums on the Island of Ireland: Final Report, Constitution Unit, University College London, May, 2021, p1 - 259
Sovranità e Federalismo (Sovereignty and Federalism) in, editor(s)Guerino D'Ignazio , Il Sistema Costituzionale delgi Stati Uniti d'America (The Constitutional System of the United States of America) , Wolters Kluwer, 2020, pp175 - 202, [David Kenny and Andrea Pin]
David Kenny, Review of The Triangular Constitution by Tom Flynn , Common Law World Review, 49, (1), 2020, p92-106
David Kenny and Conor Casey, A One Person Supreme Court? The Attorney General, constitutional advice to government, and the case for transparency, Dublin University Law Journal , 42, (1), 2020, p90 - 118
David Kenny and Conor Casey, Shadow Constitutional Review: The Dark Side of Pre-Enactment Political Review in Ireland and Japan, International Journal of Constitutional Law (ICON), 18, (1), 2020, p51 - 77
David Kenny, The virtues of unprincipled constitutional compromises: Church and State in the Irish Constitution, European Constitutional Law Review, 16, (3), 2020, p417 - 439
David Kenny, Criminal Assets Bureau v Murphy - just the exclusionary rule in a civil context, or a new approach to unconstitutionality in the criminal process?, Irish Supreme Court Review , 1, (1), 2019, p187 - 204
The Failed Referendum to Abolish the Ireland's Senate: Rejecting Unicameralism in a Small and Relatively Homogenous Country in, editor(s)Richard Albert, Antonia Baraggia, Cristina Fasone , Constitutional Reform of National Legislatures Bicameralism under Pressure, Edward Elgar, 2019, pp163 - 182, [David Kenny]
Ireland in, editor(s)Carsten Gerner-Beuerle, Federico M Mucciarelli, Edmund Schuster and Mathias Sims , The Private International Law of Companies in the European Union, Munich, CH Beck, 2019, pp461 - 488, [Blanaid Clarke and David Kenny]
Richard Albert and David Kenny , The challenges of constitutional silence: Doctrine, theory, and applications, International Journal of Constitutional Law (ICON), 2018, p880 - 886
David Kenny, Proportionality and the Inevitability of the Local: a comparative localist analysis of Canada and Ireland, American Journal of Comparative Law, 66, (3), 2018, p537 - 578
GW Hogan, GF Whyte, D Kenny, R Walsh, Kelly: The Irish Constitution, Fifth edition, Dublin, Bloomsbury Professional, 2018, 1 - 2765pp
David Kenny, Abortion, The Irish Constitution, and Constitutional Change, Revista de Investigações Constitucionais / Brazilian Journal of Constitutional Research , 5, (3), 2018, p257 - 275
David Kenny and Liz Heffernan, Peer Observation of Teaching, Dublin University Law Journal, 2017, p205 - 216
Constitutional Change and Interest Group Politics: Ireland's Children's Rights Amendment in, editor(s)Richard Albert, Xenophon Contiades, Alkmene Fotiadou , The Foundations and Tradition of Constitutional Amendment, Hart Publishing, 2017, pp199 - 218, [Oran Doyle and David Kenny]
David Kenny, - "Always, inevitably local: Ireland's strange populism and the trouble with theory", Jean Monnet Paper Series ; , Populism and Public Law , NYU Law School, September 2017, edited by Grainne de Burca and Joseph Weiler , (7), NYU, 2017
Merit, Diversity, And Interpretive Communities: The (Non-Party) Politics Of Judicial Appointments And Constitutional Adjudication in, editor(s)Laura Cahillane, Tom Hickey, James Gallen , Politics, Judges, and the Irish Constitution, Manchester University Press, 2017, pp136 - 149, [David Kenny]
Choice-of-Court Agreements, the Italian Torpedo, and the Recast of the Brussels I Regulation (republication) in, editor(s)Wendy Collins Perdue , Procedure and Private International Law, Edward Elgar, 2017, pp197 - 209, [David Kenny and Rosemary Hennigan]
David Kenny, Remedial Innovation, Constitutional Culture, and the Supreme Court at a Crossroads, Dublin University Law Journal, 40(2), 2017, p85 - 106
David Kenny, Politics all the way down: originalism as rhetoric, Diritto pubblico comparato ed europeo (DPCE) Online, 31, (3), 2017, p661 - 667
David Kenny and Rosemary Hennigan, Choice of Court Agreements, the Italian Torpedo, and the Recast of the Brussels I Regulation: a possible snag, International and Comparative Law Quarterly, 64, (1), 2015, p197 - 209
Gerard Hogan, David Kenny and Rachael Walsh, An Anthology of Unconstitutionality, Irish Jurist, (54), 2015, p1 - 30
David Kenny, Conventions in Judicial Decisionmaking: Epistemology and the Limits of Critical Self Consciousness, Dublin University Law Journal, 38, (2), 2015, p432 - 441
David Kenny, A Review of Neil Walker's "Intimation of Global Law", by Neil Walker , American Journal of Comparative Law, 2015, p1053-1060
Defamation and Privacy and the Rome II Regulation in, editor(s)Peter Stone and Youseph Farah , Research Handbook on the Conflict of Laws, Elgar, 2015, pp315 - 343, [David Kenny and Liz Heffernan]
David Kenny, Re Flightlease: The 'Real And Substantial Connection' Test For Recognition And Enforcement Of Foreign Judgments Fails To Take Flight In Ireland, International and Comparative Law Quarterly, 63, (1), 2014, p197 - 212
David Kenny, Proportionality, the Burden of Proof, and Some Signs of Reconsideration, Irish Jurist, 52, 2014, p141 - 152
David Kenny, Grounding Constitutional Remedies in Reality: the Case for As-Applied Constitutional Challenges in Ireland, Dublin University Law Journal, 35, 2014, p53 - 77
David Kenny, Recent Developments in the Right of the Person in Article 40.3: Fleming v Ireland and the Spectre of Unenumerated Rights, Dublin University Law Journal, 2013, (36), 2013, p322 - 341
The Separation of Powers and Remedies: The Legislative Power and Remedies for Unconstitutional Legislation in Comparative Perspective in, editor(s)Eoin Carolan , The Constitution of Ireland: Perspectives and Prospects, Dublin, Bloomsbury Professional, 2012, pp191 - 216, [David Kenny]
David Kenny, Fair Procedures in Irish Administrative Law: Towards a Constitutional Duty to Act Fairly in Dellway Investments v NAMA, Dublin University Law Journal, 34, 2011, p47 - 73
David Kenny, A Dormant Doctrine of Overbreadth: Abstract Review and Ius Tertii in Irish Proportionality Analysis, Dublin University Law Journal, 32, 2010, p25 - 50
Non-Peer-Reviewed Publications
Alan Eustace and David Kenny, Collective Bargaining and The Irish Constitution"Barrier or Facilitator?, Irish Human Rights and Equality Commission, December, 2023, p1 - 33
Irish Human Rights and Equality Commission, written by David Kenny, The Incorporation of Economic, Social and Cultural Rights into the Irish Constitution, Oxford, February , 2023
Oran Doyle, David Kenny, Christopher McCrudden, Fionnula Ní Aoláin, Legal Convergence and Divergence on the Island of Ireland: Report of the North-South Legal Mapping Projectto the Shared Island Unit, Oxford, Irish Research Council/Shared Island Unite, September, 2022, p1 - 19
Conor Casey, Oran Doyle, David Kenny, Donna Lyons, Ireland's Emergency Powers During the COVID-19 Pandemic, Irish Human Rights and Equality Commission, February, 2021, p1 - 104
David Kenny, Conor Casey, Andrea Mulligan, Public Health Law During the COVID-19 Pandemic in Ireland, Chapter 1: Public Health Governance: The Role of NPHET , Dublin, COVID 19 Law and Human Rights Observatory, 2021, p11 - 28
National Committee on North Korea, Constitutional Design in North and South Korea, May, 2021, p1 - 18
David Kenny, Technical Report for the Irish Human Rights and Equality Commission-Protecting Economic, Social and Cultural Rights in the Irish Legal Order, August, 2020, 1-40
Renwick, Whysall et al, Interim Report of Working Group on Unification Referendums on the Island of Ireland , Oxford, Constitution Unit, UCL, October , 2020
David Kenny and Eoin Daly, Report on the Constitutional Limits of the "Money Message" Procedure under Article 17.2 of the Constitution of Ireland, May, 2019, 1-20
Frank Clarke, David Kenny, Aine Ryall, How Courts Decide: adjudicative process of Supreme Administrative Courts, ACA (association of Supreme Administrative Courts) Europe, 2019
David Kenny and Rosemary Hennigan, In Two Minds: Atticus Finch and the Limits of Law, Dublin Review of Books, (5), 2016
David Kenny, Goshawk Dedicated Ltd v Life Receivables Ireland Ltd - Jurisdiction, Lis Alibi Pendens and Problematic Use of the Brussels Regime, Trinity College Law Review, 12, 2009, p1-
Research Expertise
Recognition
Awards and Honours
Elected Fellow of Trinity College Dublin
Provost's Award for Excellence in Teaching
Ussher Fellowship, Trinity College Dublin
Fulbright Scholar
Memberships
Board Member and Supervising Lawyer, Irish Innocence Project
Andrea Mulligan
Biography
I am an Assistant Professor of Law at the School of Law, teaching and researching in the field of Medical Law and Bioethics. My particular area of specialisation is the legal regulation of human reproduction, encompassing maternity care, assisted reproduction and abortion. I am interested in both the public law and private law aspects of this research field.
I am PI on the IRC-funded CORALE Project investigating attitudes to conscientious objection in abortion services in Ireland.
I graduated from the LL.B programme at the School of Law, before going on to study on the LL.M programme at Harvard Law School, where I specialised in reproductive technologies and constitutional law. I returned to TCD for my doctoral studies, and was awarded my doctorate in 2014, for my thesis entitled "Fundamental Right and Organising Principles in the Regulation of Assisted Reproduction in Ireland." I was called to the Bar of Ireland in 2012.
I was appointed a Commissioner at the Law Reform Commission of Ireland in 2020.
Publications and Further Research Outputs
Peer-Reviewed Publications
Andrea Mulligan, Surrogacy and the Significance of Gestation: Implications for Law and Policy, Bioethics, 2024, p1 - 10
Andrea Mulligan, Constitutional Rights in Assisted Human Reproduction: Charting the Contemporary Impact of Marital Privacy, Dublin University Law Journal, 2024
Desmond Ryan, Marta Lasek-Markey, Andrea Mulligan, Linda Hogan, Bryana Tunder, Conscientious Objection in an Uncertain Time: New Challenges in Ireland, Religions, 14, 2023, p1 - 16
Andrea Mulligan and Rebecca Brown, 'Maternal Request Caesarean Section' and Medical Necessity, Clinical Ethics, 18, (3), 2023, p312 - 320
Andrea Mulligan and Clayton Ó Néill, Health Law: Convergence and Divergence on the Island of Ireland, Irish Studies in International Affairs, 34, (2), 2023, p285 - 329
Andrea Mulligan, Anonymous gamete donation and Article 8 of the European Convention on Human Rights: The case for incompatibility, Medical Law International, 22, (2), 2022, p119 - 146
Northern Ireland Legal Quarterly Special Issue: Covid-19 and Legal Responses on the Island of Ireland, 73, 2, (2022), Ollie Bartlett, Neil Maddox, Ronagh McQuigg and Andrea Mulligan, [Guest Editor]
Joan Gabrielle Lalor , Greg Sheaf , Andrea Mulligan , Magdalena Ohaja , Ashamole Clive , Sylvia Murphy-Tighe , Esperanza Debby Ng , Shefaly Shorey, Parental experiences with changes in maternity care during the Covid-19 pandemic: A mixed-studies systematic review, Women and Birth , 2022, p5
Sarah Hamill and Andrea Mulligan, Public/Private Healthcare in a Pandemic in n Public Health Law During the COVID-19 Pandemic in Ireland Editors: Alan Eustace, Sarah Hamill, Andrea Mulligan A Public Policy Report of the COVID-19 LEGAL OBSERVATORY School of Law, Trinity College Dublin, August 2021, 2021, August 2021, 2021
Andrea Mulligan, Patient Confidentiality and Disclosure Of HIV Status: Disentangling the Entitlement to Disclose From the Duty To Warn, Medical Law Review, 29, (4), 2021, p688 - 698
Conor Casey, David Kenny and Andrea Mulligan, Public Health Governance: The Role of NPHET, in Public Health Law During the COVID-19 Pandemic in Ireland Editors: Alan Eustace, Sarah Hamill, Andrea Mulligan A Public Policy Report of the COVID-19 LEGAL OBSERVATORY School of Law, Trinity College Dublin, August 2021, 2021
Andrea Mulligan, Protecting Identity in Collaborative Assisted Reproduction: The Right To Know One's Gestational Surrogate, International Journal of Law, Policy and the Family, 34, (1), 2020, p20 - 42
Andrea Mulligan, A Vindicatory Approach to Tortious Liability for Mistakes in Assisted Human Reproduction, Legal Studies, 40, (1), 2020, p55 - 76
Redressing Unauthorised Vaginal Examination Through Litigation in, editor(s)Camilla Pickles and Jonathan Herring , Women's Birthing Bodies and the Law: Unauthorised Intimate Examinations, Power and Vulnerability, Oxford, Hart Publishing , 2020, pp171 - 194, [Andrea Mulligan]
Surrogacy Law in Ireland: The Troubling Consequences of Legislative Inertia in, editor(s)Peter Dunne and Lynsey Black , Law and Gender in Modern Ireland, Hart Publishing , 2019, pp117 - 136, [Andrea Mulligan]
Andrea Mulligan, Identity Rights and Sensitive Ethical Questions: The European Convention on Human Rights and the Regulation of Surrogacy Arrangements, Medical Law Review, 2018, p449 - 475
Mulligan, Constitutional Aspects of International Data Transfer and Mass Surveillance, Irish Jurist, 55, 2016, p199 - 208
Andrea Mulligan, The Right to Travel for Abortion Services: A Case Study in "Cross-Border Reproductive Care, European Journal of Health Law, 22, (3), 2015, p239 - 266
Andrea Mulligan, Self-Determination, Capacity and the Right to Die by Hunger Strike: Governor of X Prison v PMcD, Irish Jurist, 54, (2), 2015, p165 - 172
Andrea Mulligan, Maternal Brain Death and Legal Protection of the Foetus in Ireland, Medical Law International, 15, 2015, p182 - 195
Andrea Mulligan, Article 8 and the Right to Respect for the Decision to Have or Not to Have a Child, European Human Rights Law Review, 4, 2014, p378 - 387
Andrea Mulligan, Constitutional Parenthood in the Age of Assisted Reproduction" (2014) 48(1) Irish Jurist , Irish Jurist, 48, (1), 2014, p90 - 122
Andrea Mulligan, From Murray v Ireland to Roche v Roche: Re-Evaluating the Right to Procreate in the Context of Assisted Reproduction, Dublin University Law Journal, 35, 2012, p261 - 291
Andrea Mulligan, Tortious Liability for Mistakes in IVF: Duty of Care, Public Policy and the Non-Identity Problem in A(A Minor) and B(A Minor) v A Health and Social Services Trust, Dublin University Law Journal, 34, 2011, p256 - 270
Andrea Mulligan, Frozen Embryo disposition in Ireland After Roche v Roche, Irish Jurist, 46, (1), 2011, p202 - 210
Non-Peer-Reviewed Publications
Andrea Mulligan, Conscientious Objection in Termination of Pregnancy Services in Ireland: Interdisciplinary Insights, Trinity Long Room Hub Medical Humanities Seminar, Trinity Long Room Hub, 18 April 2024, 2024, Medical Humanities Research Group TCD
Mulligan, Caulfield, Grant, Hunt-Sheridan, Molony, O'Brien and Tolan, Law Reform Commission Report: A Regulatory Framework for Adult Safeguarding, LRC-128, Law Reform Commission, April 2024, 2024
Andrea Mulligan, Conscientious Objection in Termination of Pregnancy in Ireland: Doctrinal and Empirical Insights, Society of Legal Scholars Conference 2024, University of Bristol, 3-5 September 2024, 2024
Andrea Mulligan and Joan Lalor, Conscientious Objection in Termination of Pregnancy in Ireland: Balancing Rights and Ensuring Service Provision, Conference of the European Association of Health Law 2024, University of Warsaw, Warsaw, Poland, 18-20 September 2024, 2024
Andrea Mulligan and Joan Lalor, Uncharted Territory: Investigating the Right toConscientious Objection in Termination ofPregnancy in Ireland, Law and Society, Denver, Colorado, 6-9 June 2024, 2024
Andrea Mulligan, Modern Marital Privacy: Re-Evaluating McGee for Contemporary Reproduction, CONTRACEPTION AND THE CONSTITUTION: REPRODUCTIVE AUTONOMY AND CONSTITUTIONAL CHANGE AFTER MCGEE V ATTORNEY GENERAL, Trinity College Dublin, Long Room Hub, 2 December 2023, 2023
Andrea Mulligan, Health Law on the Island of Ireland, Cross-Border Practice on the Island of Ireland: Convergence and Divergence, Distillery Building, Bar of Ireland, 22 February 2023, 2023, Bar of Ireland
Andrea Mulligan, Clinical Negligence as a Mechanism for the Vindication of Fundamental Rights: The Rights of Family Members, Society of Legal Scholars Conference, King's College London, 7-9 September 2022, 2022
Andrea Mulligan, The Covid 19 Pandemic and the Rule of Law, European Lawyers Union and Irish Centre for European Law Conference,`The Rule of Law in the European Union", The Long Room Hub, Trinity College Dublin, 11 November 2022, 2022, European Lawyers Union and Irish Centre for European Law
Andrea Mulligan, Surrogacy and the Significance of Gestation: Implications for Law and Policy, Guest Presentation at Centre for Health, Law, and Society, University of Bristol, Centre for Health, Law, and Society, University of Bristol, 7 July 2022, 2022, Centre for Health, Law, and Society, University of Bristol
Andrea Mulligan, Surrogacy and the Significance of Gestation: Implications for Law and Policy, Presentation to Medical Law and Ethics Discussion Group, Faculty of Law, University of Oxford, Faculty of Law, University of Oxford, 27 April 2022, 2022, Medical Law and Ethics Discussion Group
Alan Eustace, Sarah Hamill, Andrea Mulligan, Public Health Law During the COVID-19 Pandemic in Ireland, COVID-19 LEGAL OBSERVATORY, School of Law, Trinity College Dublin, August, 2021
Andrea Mulligan, Regulating Abortion in the Republic of Ireland, Regulating Abortion: The English, French and Irish Perspectives, Bar Library, Inn of Court of Northern Ireland, 30 January 2020, 2020, European Circuit/Bar of Northern Ireland
Andrea Mulligan, State Obligations and Gamete Donor Anonymity under Article 8 of the European Convention on Human Rights, The complicated relationship between genetic relatedness, the family, and the state, Umea, Sweden, 8 May 2020, 2020
Andrea Mulligan, The Law of Assisted Human Reproduction in Ireland (Webinar), Family Lawyers Association of Ireland CPD Lecture Series, 7 May 2020, 2020, Family Lawyers Association of Ireland
Pandemic Ethics Advisory Group, 'Ethical considerations relating to long-term residential care facilities', National Public Health Emergency Team, 2020, - 11
Pandemic Ethics Advisory Group, 'Ethical Considerations Relating to Critical Care in the context of COVID-19 ', National Public Health Emergency Team, 2020, - 6
Pandemic Ethics Advisory Group, 'Ethical Considerations for PPE Use by Health Care Workers in a Pandemic', National Public Health Emergency Team, 2020, - 2
Andrea Mulligan, Recent Developments in the Law of Assisted Human Reproduction in Ireland, Medico-Legal Society of Ireland Webinar, 12 December 2020, 2020
Andrea Mulligan, Beware "Best Interests" In the Regulation of Reproductive Gene Editing Technologies, Society of Legal Scholars Annual Conference 2020, Preston, 2 September 2020, 2020
Andrea Mulligan, Limitations in Human Rights and Public Health Laws - Invited Discussant, The Protection of Human Rights in Infectious Disease Control: Lessons for Global Health Governance from a Comparison of National Judicial Practice, Queen's University Belfast, 12 - 13 Nov 2020, 2020
Andrea Mulligan, The Developing Law of Open Disclosure in the Republic of Ireland, Wellcome Workshop: PATIENT SAFETY AND REDRESS, Queen's University Belfast, 6 March 2020, 2020
Pandemic Ethics Advisory Group, 'Procedural Values for Decision Making in a Pandemic', National Public Health Emergency Team, Gov.ie, National Public Health Emergency Team, Department of Health, 2020, - 6
Pandemic Ethics Advisory Group, 'Ethical framework for decision-making in a pandemic', National Public Health Emergency Team, Gov.ie, National Public Health Emergency Team, 2020, - 19
Andrea Mulligan, Protecting the Best Interests of the Future Child in the Regulation of Gene Editing Technologies, European Association of Health Law Conference, Toulouse, September 2019, 2019
Andrea Mulligan, Protecting the Best Interests of the Child in the Regulation of Gene Editing Technologies, 33rd European Conference on Philosophy of Medicine and Healthcare (ESPMH), Oslo, August 2019, 2019
Andrea Mulligan, Should there be a Legal Right to Know your Surrogate? Identity and the Role of Gestational Motherhood, British Sociology Association, Human Reproduction Study Group Annual Conference, May 2018, 2018
Oran Doyle, Andrea Mulligan and Mary Rogan, Graduate Attributes, Curriculum Reform, and Pedagogical Innovation, LERU Law Schools Conference - The Future of Legal Pedagogy, Lund, 14 November 2018, 2018
Andrea Mulligan, Article 8 ECHR and the Right to Identity in Assisted Human Reproduction, Society of Legal Scholars Annual Conference, London, September 2018, 2018
Andrea Mulligan, Tortious Liability for Mistakes in Reproductive Treatment, Society of Legal Scholars Annual Conference, Dublin, September 2017, 2017
Andrea Mulligan Simon Mills, Medical Law in Ireland, 1st, Dublin, Bloomsbury Professional , 2017, 1 - 619pp
Andrea Mulligan, Regulation of Surrogacy and the ECHR, Surrogacy: Forging a legal and Policy Framework for Ireland, 2016
Andrea Mulligan, The Use of DNAR Orders in Irish Law, CMG Interdisciplinary Professional Conference, 'Legalities in End of Life Care, Dublin, 2015
International Conference on Reproductive Rights, New Reproductive Technologies and the European Fertility Market, Gamete Donation Across International Borders: The Challenge of Ensuring Donor Contact in Europe, International Conference on Reproductive Rights, New Reproductive Technologies and the European Fertility Market, Santander, Spain, 2015
Andrea Mulligan, The Human Fertilisation and Embryology Acts and the Protection of the Best Interests of Future Children., Postgraduate Bioethics Conference, King's College London, May 2013, 2013
Andrea Mulligan, Crafting a Legal Framework for Assisted Reproduction: Values, Rules and Judicial Incrementalism, Irish Association of Law Teachers Annual Conference, Dublin, November 2012, 2012
Andrea Mulligan, The Contested Nature of the Best Interests Test, Conference on the Children's Rights Referendum, TCD, 2012
Andrea Mulligan, Revising the Meaning of Life: Legal Protection of Embryos in Ireland and Germany and Assisted Human Reproduction, Irish Society of Comparative Law, UCD, April 2011, 2011
Andrea Mulligan, Roche v Roche: some guidance for frozen embryo disputes, Trinity College Law Review, 13, 2010, p168 - 181
Recognition
Representations
Appointed by Government of Ireland as Law Reform Commissioner (Part Time) 2020 - 2025. The Law Reform Commission is the independent statutory body with responsibility for law reform in Ireland. The vast majority of its recommendations are ultimately enacted as law by the legislature. Commissioners are nominated by the Attorney General and appointed by the Government. I am the only academic Commissioner and the other three part-time Commissioners are current or former judges of the High Court and Supreme Court. I was Coordinating Commissioner on the Report on a Regulatory Framework for Adult Safeguarding (Approx 1000 pages), meaning that I had overall responsibility for the content of the Report and was responsible for achieving consensus among all the commissioners on the recommendations.
Independent Ethics Advisor, KitNewCare. This is a pan-European project investigating how to make kidney healthcare more sustainable, funded by the EU's Horizon 2020 project and UK Research and Innovation. I have been appointed as Independent Ethics Advisor for the duration of the project (4 years). During this time I will provide ongoing consultancy services and write annual reports on issues arising. Details on the project can be found here:https://kitnewcare.eu/
Provided preliminary data from CORALE Study to Marie O'Shea for use in the Independent Review of the Operation of the Health (Regulation of Termination of Pregnancy) Act 2018, commissioned by the Department of Health. The final draft of the report published in April 2023 cites the CORALE Study 12 times and specifically acknowledges that our data provided information that would not otherwise have been known. The final report is available here:https://docs.google.com/file/d/1OZJj1KXvFir86JcEA0RiSQJpagfT6MHF/view
Invited to address the Joint Oireachtas Committee on Assisted Dying. I was cited 9 times in the Final Report of the Committee. My contribution to the debate can be found here:https://www.oireachtas.ie/en/debates/debate/joint_committee_on_assisted_dying/2023-06-20/
Invited to address Joint Oireachtas Committee on International Surrogacy. I was invited to address the Committee in my capacity as an expert on surrogacy law. My contribution can be found here:https://www.oireachtas.ie/en/debates/debate/joint_committee_on_international_surrogacy/2022-04-14/2/
Invited to address Joint Oireachtas Committee on Health on Adult Safeguarding, in my capacity as Law Reform Commissioner and Coordinating Commissioner of the Adult Safeguarding Project
Engaged by the Attorney General to advise on the Health (Assisted Human Reproduction) Act 2024. I was engaged as an academic expert on surrogacy to advise on the law of international surrogacy. Through this piece of work I had the opportunity to directly implement my academic research on surrogacy into law.
Journal of Law and the Biosciences, Peer Reviewer
Irish Supreme Court Review, Peer Reviewer
Lecturer in Assisted Human Reproduction on Law Society of Ireland, PPC II
Lecturer in Assisted Human Reproduction on King's Inns Advanced Diploma in Medical Law
Engaged by the Attorney General to advise on constitutional law issues arising in respect of, and work on the drafting of, the Birth Information and Tracing Act 2022. This seminal piece of law reform gave adopted persons a legal right to access to their birth information for the first time in the history of the Irish State.
Member of the Pandemic Ethics Advisory Group, March - July 2020. This was a subgroup of the National Public Health Emergency Team, the expert advisory group that advised Government during the COVID-19 pandemic. I was jointly responsible for drafting guidance documents on ethical topics such as allocation of critical care resources. Our guidance documents were disseminated across the health service by the HSE/Department of Health and formed the practical basis for ethical decisions during the most acute phase of the COVID-19 Pandemic.
Engaged as an academic expert by the UK Secretary of State for Health and Social Care to provide an expert report for the High Court of England and Wales on surrogacy laws in the Member States of the Council of Europe. Report cited by Mrs Justice Lieven of the High Court of England and Wales in her judgment.
Commissioned by Special Rapporteur for Children Geoffrey Shannon to work on legal report on discovery of mass graves at Tuam Mother & Baby Home. Report contributed to ultimate decision by government to exhume bodies.
Briefed by Attorney General to represent State in case of IRM v Minister for Justice before the Supreme Court. Case defined scope of right to life of unborn, prior to repeal of 8th Amendment.
Bioethics (Journal), Peer Reviewer
Invited to provide policy briefing to Irish Hospice Foundation on constitutional issues and end of life care, including assisted suicide.
Council Member, Irish Association of Law Teachers. This is the association for Law teachers in Ireland. My role involved liaising between the IALT and the Trinity Law School.
Medical Law Review, Peer Reviewer
Journal of Medical Ethics, Peer Reviewer
Medical Law International, Peer Reviewer
Fulbright Commission, Interview Panel for Law Scholarships. I was invited by the Fulbright Commission of Ireland to sit on the law interview panel for the award of student and academic fellowships to study in the United States.
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. I am involved both in the policy decisions of the Council and in the review of decisions of the courts to decide which should be formally reported. Reported cases typically are more widely used in legal argument and cited in course so the decision as to what cases are reported has significant potential influence on development of the law.
Commissioned by Special Rapporteur for Children Geoffrey Shannon to prepare a report on uncommenced sections of the Children and Family Relationships Act 2015 relating to assisted human reproduction.
Awards and Honours
Visiting Fellow, Wadham College Oxford
Elected to Scholarship, Trinity College Dublin
Lucy Gwynn Prize, Trinity College Dublin
Kingsmill Moore Prize
Fulbright Scholarship
Dean's Scholar in Legal and Ethical Issues in Reproductive Technologies
Ussher PhD Fellowship, Trinity College Dublin
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
David Prendergast
Dr. David Prendergast
Associate Professor, Law
Biography
Dr David Prendergast is the Law School's Director of Postgraduate Teaching and Learning. He researches and teaches in jurisprudence (legal philosophy) and criminal law. David co-founded the Irish Jurisprudence Society and is a former co-editor of the Dublin University Law Journal and the Criminal Law and Practice Review. He received a Trinity Provost's Teaching Award (Early Career) in 2014. David's PhD provided a qualified defence of judicial review of electoral processes. His journal articles on substantive criminal law have been influential and cited in numerous academic texts and in judgments of the superior courts of Ireland. Current research involves investigating the structure of criminal liability, culpability, and criminal law defences. David has an LL.B. (First class) from Trinity College Dublin, an LL.M. (Distinction) from University College London and is a qualified, non-practising barrister. He worked as a legal researcher for the Law Reform Commission and was formerly Pathways to Law Liaison Officer with Trinity Access Programmes. He was formerly Director of Undergraduate Teaching and Learning and Deputy LLM Director in the Law School and is currently Director of Postgraduate Teaching and Learning.
Publications and Further Research Outputs
Peer-Reviewed Publications
David Prendergast, Handcuffs and justified force under section 19 of the Non-Fatal Offences Against the Person Act 1997, Irish Criminal Law Journal, 2023
David Prendergast, The Crime of Failing to Come Forward, Irish Jurist, 2023
David Prendergast, Police Powers and Reasonable Force, Irish Criminal Law Journal, 2022, p106 - 112
David Prendergast, The difference between recklessness and negligence, Criminal Theory Justice Blog, 2022, -
David Prendergast, Judicial stewardship of the provocation defence in People (DPP) v McNamara, Irish Supreme Court Review, 3, 2021, p69 - 99
David Prendergast, Limiting Consent in Criminal Law: DPP v Brown [2018] IESC 67, Irish Supreme Court Review, 2, 2020, p135 - 154
David Prendergast, Recklessness Without the Risk, Criminal Law and Philosophy, 14, 2020, p31 - 50
David Prendergast, Book Review: JJ Child and RA Duff, Criminal Law Reform Now, Howard Journal of Crime and Justice, 58, (4), 2019, p585 - 586
David Prendergast, The judicial role in protecting democracy from populism, German Law Journal, 20, (2), 2019, p245 - 262
David Prendergast, Book Review: Justice, Mercy, and Caprice: Clemency and the Death Penalty in Ireland I. O'Donnell, Howard Journal of Crime and Justice, 57, (4), 2018, p604 - 607
David Prendergast, The presumption pertaining to murder mens rea in section 4(2) of the Criminal Justice Act 1964, Irish Jurist, (60), 2018, p167 - 179
David Prendergast, Constitutional Control of Vague Criminal Law, Dublin University Law Journal, 42, (2), 2018, p19 - 44
David Prendergast, A critical review of the Court of Appeal interpretation of self-defence in the Non-Fatal Offences Against the Person Act 1997, Irish Criminal Law Journal, 28, (3), 2018, p58 - 63
David Prendergast, Criminal Culpability and Sexual Offences Reform, Criminal Law and Practice Review, 2, 2018, p99 - 113
Article 16 of the Irish Constitution and Judicial Review of Electoral Processes in, editor(s)Laura Cahilane, James Gallen, Tom Hickey , Judges, Politics and The Constitution, United Kingdom, Manchester University Press, 2017, pp252 - 268, [David Prendergast]
CC v Ireland: the missing feminist judgment in, editor(s)Máiréad Enright, Julie McCandless, Aoife O'Donoghue , Northern / Irish Feminist Judgments: Judges' Troubles and the Gendered Politics of Identity, United Kingdom, Hart Publishing, 2017, pp566 - 579, [David Prendergast]
David Prendergast, Defensive Killing by Initial Aggressors: DPP v Barnes Revisited, Irish Jurist, 54, (2), 2015, p115 - 130
David Prendergast, The Conventionality of Constitutional Law, Dublin University Law Journal, 38, (2), 2015, p441 - 448
David Prendergast, Addressing uncertainty in the defences of self-defence, diminished responsibility, and provocation, Criminal Law and Practice Review, 1, (1), 2014, p21 - 35
David Prendergast, Gross negligence manslaughter in Irish law, Dublin University Law Journal, 37, (1), 2014, p267 - 277
David Prendergast, Vague offences and the High Court, Criminal Law and Practice Review, 1, (1), 2014, p153 - 156
David Prendergast, The Connection between Mental Disorder and the Act of Killing in the Defence of Diminished Responsibility, The Irish Jurist, 49, (1), 2013, p202 - 211
David Prendergast, Douglas v DPP and the Constitutional Requirement for Certainty in Criminal Law, The Irish Jurist, 50, (1), 2013, p235 - 243
David Prendergast, Strict Liability and the Presumption of Mens Rea after CC v Ireland, Irish Jurist, 46, 2011, p211 - 220
David Prendergast, The Constitutionality of Strict Liability Offences, Dublin University Law Journal, 33, 2011, p285 - 318
David Prendergast, By-elections and the filling of Dáil vacancies within a reasonable time - a note on Doherty v Ireland, Dublin University Law Journal, 34, 2011, p242 - 255
Non-Peer-Reviewed Publications
David Prendergast, The difference between recklessness and negligence, Gerald Gordon Seminar in Criminal Law, University of Glasgow, 6 June 2024, edited by James Chalmers, Fiona Leverick , 2024
Matt Dyson(ed.), Oxford Meeting of the Anglo-German Criminal Law Dialogue Project, Comment on 'Self-Defence' by Alec Walen and Ingeborg Zerbes, University of Oxford, 20-21 September 2024, 2024
David Prendergast, Book Review: The Criminal Law's Person, Howard Journal of Crime and Justice, 2023
David Prendergast, The difference between recklessness and negligence in criminal law, Research seminar, Trinity College Dublin, 15 March 2023, 2023
David Prendergast, The Right to Silence, Irish Jurisprudence Society, Maynooth University, 15 February 2023, 2023
David Prendergast, What the relational self tells us about criminal law, UCD Book Symposium on Jonathan Herring's Law and the Relational Self (Cambridge University Press 2019), University College Dublin, 3-4 June 2022, edited by Christopher Cowley and Sarah Fulham-McQuillan , 2022
David Prendergast, The difference between recklessness and negligence in criminal law, Roots of Responsibility-Varieties of Risk, Risk and Recklessness Workshop, UCL, 23-24 April 2021, edited by Claire Field , 2021
Alan Eustace, Sarah Hamill, Andrea Mulligan, Public Health Law During the COVID-19 Pandemic in Ireland, COVID-19 LEGAL OBSERVATORY, School of Law, Trinity College Dublin, August, 2021
David Prendergast, Book review: Core Concepts in Criminal Law Volume 1 (Ambos, Duff, Roberts, Weigend, eds), 1826, 2020, -
David Prendergast, On relocating and refurbishing consent in sexual offences, Perspectives on Consent in Sexual Offences Workshop, Queen's University Belfast, 28 February 2020, edited by Eithne Dowds , 2020
David Prendergast, Connecting Offence and Defence, Edinburgh Criminal Law Discussion Group Seminar, University of Edinburgh, 11 December 2019, edited by JP Fassnidge , 2019
David Prendergast, Recklessness in Irish Criminal Law, TCD Law Lunchtime Research seminar, Trinity College Dublin, 16 October 2019, 2019
David Prendergast, Limiting consent in criminal law: DPP v Brown [2018] IESC 67, Irish Supreme Court Review, Trinity College Dublin, 12 October 2019, edited by Eoin O'Dell , 2019
David Prendergast, Criminal Law and Morality: the common architecture, Symposium on David O Brink's Fair Opportunity, Responsibility and Excuse, Somerville College, University of Oxford, 20 March 2019, edited by Anthony Skelton and Lisa Forsberg , 2019
David Prendergast, CULPABILITY IN CARELESS DRIVING AND THE SO-CALLED "THIRD CATEGORY" OF CRIMINAL OFFENCE, Irish Law Times, 36, (4), 2018, p63 - 67
David Prendergast, Recent developments in criminal defences and mens rea: a retreat from subjectivism?, Criminal law: Recent trends and developments, Trinity College Dublin, 19 April, edited by Liz Heffernan , 2018
David Prendergast, Reverse Burdens, Evidence/Criminal Procedure Workshop, Dublin City University, edited by Yvonne Daly , 2018
David Prendergast, Challenges to the Centrality of Consent, Seminar, University of Surrey, 2018
David Prendergast, Consent as a legal binary, School of Law lunchtime seminar series, Trinity College Dublin, November 2018, edited by Des Ryan , 2018
David Prendergast, The constitutional control of vague criminal law, Constitution at 80, University of Limerick, 7 November 2017, edited by Laura Cahillane and David Kenny , 2017
David Prendergast, Constitutional review of democratic processes, Popular Will, Electoral Democracy and the Courts, University of Padua, 16-17 November 2017, edited by Andrea Pin , 2017
David Prendergast, CC v Ireland feminist judgment, Northern / Irish Feminist Judgments Project workshop: the embodied subject, Griffith College Dublin and UCD, 16-18 April 2015, edited by Enright, McAndless, O'Donoghue , 2015
David Prendergast, Murder mens rea, Irish Association of Law Teachers Annual Conference, NUI Galway, November 2015, edited by Charles O'Mahony , 2015
David Prendergast, Murder mens rea, Irish Association of Law Teachers Annual Conference, NUI Galway, 2015
David Prendergast, Sexual Offences and Presumptive Wrongs, Legal and Political Theory Workshop, NUI Galway, 13 November 2015, edited by Danaher, Daly, Tourkochoriti , 2015
David Prendergast, What is the test for self-defence in fatal cases?, Irish Law Times, 13, 2015, p213 - 218
David Prendergast, Self-defence in fatal cases, The Criminal Law Forum, King's Inns, Dublin, 5 April 2014, 2014
David Kenny, David Prendergast, The independence of a meritorious elite: The government of judges and democracy, National Report for Ireland for the International Congress of Comparative Law in Vienna, July, 2014
David Prendergast, DPP v Dunne and the criminal law's test for causing death, Irish Law Times, 17, 2014, p246 - 249
David Prendergast, Article 16 of the Irish Constitution and Judicial Review of Electoral Processes, Judges, Politics and the Irish Constitution, Dublin City University, 4 Sept 2014, 2014
David Prendergast, Review of Eimear Spain, The Role of Emotions in Criminal Defences: Duress, Necessity and Lesser Evils, Review of The Role of Emotions in Criminal Defences: Duress, Necessity and Lesser Evils , Dublin University Law Journal, 36, 2013
David Prendergast, The Differing Demands of Legality, Irish Society of Comparative Law Annual Conference 2013, NUI Galway, 24-25 May 2013, edited by Charles O'Mahony , 2013
David Prendergast, Criminal Defences: Recent Developments, Criminal law Practice and Procedure Update Conference, Trinity College Dublin, 12 October 2013, edited by Ivana Bacik and Liz Heffernan , 2013
David Prendergast, Democracy, Judicial Review, and Legal Scholarship, Irish Association of Law Teachers Annual Conference, Dublin, 16-18 November 2012, 2012
David Prendergast, The case against judicial review of democratic procedures, Irish Society of Comparative Law Annual Conference 2011, University College Dublin, 2011
David Prendergast, Review of Bill Kissane, New Beginnings: Constitutionalism and Democracy in Modern Ireland, Dublin University Law Journal, 34, 2011
Law Reform Commission, Report on Inchoate Offences, 2010
David Prendergast, Analysis of Doherty v Ireland (the Donegal by-election case), Trinity College Dublin Constitutional Law and Policy Group, 10 December 2010, 2010
David Prendergast, Tensions in the Pursuit of Equality of Representation - Judicial Review of Electoral Constituencies, Centre for Criminal Justice and Human Rights Third Annual Postgraduate Conference, University College Cork, UCC, 30 April 2009, 2009
David Prendergast, One Person, One Vote in Ireland and the United States, Inaugural Conference of the Irish Society of Comparative Law, University of Limerick, 27-28 February 2009, 2009
David Prendergast, The Law Reform Commission's Consultation Paper on Inchoate Offences, International Society for the Reform of Criminal Law Annual Conference 2008, Dublin Castle, 11-15 July 2008, 2008
Law Reform Commission, Consultation Paper on Inchoate Offences, (LRC CP 48 - 2008), 2008
David Prendergast, Codifying Inchoate Offences, (2008) 26 Irish Law Times 134, 2008
David Prendergast, Normative Positivism, Irish Jurisprudence Society Workshop, Trinity College Dublin, 22 November 2007, 2007
David Prendergast, Inchoate Liability and Glorifying Terrorism, Socio-Legal Studies Association Annual Conference, University of Kent, 3-5 April 2007, 2007
Research Expertise
Description
Research interests: I am interested in legal theory as the sustained reflection on, investigation of, and creative analysis of how law works, that is, its distinctive contribution as a normative order that overlaps and links with other normative orders such as morality. Criminal law constitutes a primary focus for this theoretical reflection on law because it displays both transposition of moral norms as well as artificial regulatory norms. My research seeks to contribute to accurate description and deepened understanding; published papers to date have done so for criminal defences, strict liability, Mens Rea and culpability, legality, elements of criminal liability. I have also worked substantially on constitutional law and theory where it concerns the control of substantive criminal law and in other areas including judicial review and electoral processes.Recognition
Representations
Co-editor of the Dublin University Law Journal
Anglo-German Dialogues on Criminal Law, member
External Examiner, Law Society of Ireland
Co-editor of the Criminal Law and Practice Review
Editor, Irish Supreme Court Review
Peer reviewer: journals include Northern Ireland Legal Quarterly, Legal Studies, Irish Jurist, Dublin University Law Journal, Cambridge Law Journal, Philosophia, Political Behaviour.
Trinity School of Law's COVID-19 Law and Human Rights Observatory, member
Association for Criminal Justice Research and Development Advisory Board member
Irish Innocence Project Advisory Board member
Awards and Honours
Provost's Teaching Award (early career) winner
Shortlisted for Provost's Teaching Award
TCD Postgraduate Studentship
Sir Jack Jacob Prize for Civil Justice, UCL
Memberships
Irish Jurisprudence Society
Irish Association of Law Teachers (IALT)
The Society for Applied Philosophy
Suryapratim Roy
Biography
I'm delighted to join Trinity as an Assistant Professor in Regulatory Law. I will be lecturing Environmental Law, and Legislation & Regulation on the LLB Programme and Law & Risk on the LLM Programme. I lead a Seminar on Emergency Law. I write on Climate Law, Citizenship, and Indian constitutionalism. Prior to this, I have taught and written on climate law, economics of regulation and development studies at the University of Groningen. Given the intimate relationship between regulation and behaviour, I turn to legal theory, comparative legal studies and interdisciplinary epistemology in my work. Researchers seeking to explore how law understands, shapes and responds to individual or institutional behaviour in different fields of activity are most welcome to get in touch. Before joining academia, I have been a researcher with the South African Institute of International Affairs in Johannesburg and practised infrastructure law in the Mumbai offices of Amarchand & Mangaldas & Suresh A. Shroff & Co. I hold a BA, LLB (Honours) from the National Academy of Legal Studies and Research, India, a dual-masters in Law and Economics from the University of Hamburg and the University of Vienna, and a PhD from the University of Groningen.
Publications and Further Research Outputs
Peer-Reviewed Publications
Taking People v Arctic Oil Seriously: The Potential of Strategic Environmental Assessments and the Principle of Non-Regression in Guiding Energy Policy in, editor(s)Ivano Alogna, Carole Billet, Matteo Fermeglia, Alina Holzhausen , Climate Change Litigation in Europe: Regional, Comparative and Sectoral Perspectives, Cheltenham, UK, Intersentia, 2024, pp79 - 96, [Suryapratim Roy, Alexandru Gociu]
Sarah Ganty, Dimitry Kochenov, Suryapratim Roy, Unlawful Nationality-Based Bans from the Schengen Zone: Poland, Finland, and the Baltic States Against Russian Citizens and EU Law, Yale Journal of International Law, 48, (1), 2023, p1 - 34
Hindu Zion: The Politics of Constitutional Accommodation in, editor(s)Mark Tushnet and Dimitry Kochenov , Research Handbook on the Politics of Constitutional Law, Cheltenham, United Kingdom, Edward Elgar, 2023, pp675 - 695, [Suryapratim Roy and Rahul Sambaraju]
People v Arctic Oil: Context, Judgment and Takeaways for Future Climate Litigation in, editor(s)Stefan E. Weishaar and Kars J. de Graaf , The Future of Environmental Law: Ambition and Reality, Cheltenham, United Kingdom, Edward Elgar Publishing, 2023, pp215 - 235, [Suryapratim Roy, Alexandru Gociu]
Suryapratim Roy, The Domestic Life of Climate Law: Friends of the Irish Environment v Ireland, Irish Supreme Court Review, 3, (1), 2022, p141 - 160
Three Binaries in People v Arctic Oil in, A Force of Energy: Essays in Energy Law in Honour of Professor Martha Roggenkamp, Groningen, University of Groningen Press, 2022, pp84 - 93, [Suryapratim Roy]
Suryapratim Roy, Constitutive Reasons and Consequences of Expressive Norms, International Journal for the Semiotics of Law, 34, (2), 2021, p389 - 408
The Visual Culture of Law in India: A response to Rahela Khorakiwala in, editor(s)Swethaa Ballakrishnen and Sara Dezalay , Invisible Institutionalisms, United Kingdom, Hart Publishing, 2021, pp107 - 114, [Suryapratim Roy]
The 'Streetlight Effect' in Commentary on Citizenship by Investment in, editor(s)Dimitry Kochenov and Kristin Surak , Citizenship and Residence Sales: Rethinking the Boundaries of Belonging, United Kingdom, Cambridge University Press, 2021, pp25 , [Suryapratim Roy]
Distributional Concerns in Environmental Policy Instruments in, editor(s)Kenneth R. Richards and Josephine van Zeben , Policy Instruments in Environmental Law, Cheltenham, UK, Edward Elgar Publishing, 2020, pp27 , [Suryapratim Roy]
Commentary on China and India in, editor(s)Dimitry Kochenov and Justin Lindeboom , Kälin and Kochenov's Quality of Nationality Index, United Kingdom, Hart Publishing, 2020, pp265 - 268, [Suryapratim Roy]
Rachael Walsh and Sarah Hamill (chapter authors) Deirdre Ahern and Suryapratim Roy (report editors), Policy Responses to Covid-19 In Ireland: Supporting Individuals, Communities, Businesses, and the Economy, COVID-19 Legal Observatory, Trinity College Dublin, December, 2020, p1 - 108
Suryapratim Roy and Giulia Mennillo, The Credit Rating Agency Paradox: Looking behind the Regulatory License, Governing through Instruments II: Standards, Ratings, and Certification, Society for the Advancement of Socio-Economics Annual Conference , The New School, New York, June 27, 2019, 2019
Suryapratim Roy, Urgenda II and its Discontents , Carbon and Climate Law Review , 13, (2), 2019, p130 - 141
Suryapratim Roy, Distribution as the Organising Principle of Environmental Regulation, German Law Journal , 19, (3), 2018, p649 - 664
Suryapratim Roy, Never Any End to an Event: A review essay on Law and Historical Memory, Journal of Comparative Law, 18, (1), 2018, p15
Suryapratim Roy, Situating the Individual within Climate Law: A behavioural law and economics approach to end-user emissions trading, University of Groningen, The Netherlands, 2017
Distributive Choices in Urgenda and EU Climate Law in, editor(s)Martha Roggenkamp and Catherine Banet , European Energy Law Report XI, Cambridge, UK, Intersentia, 2017, pp47 - 68, [Suryapratim Roy]
Suryapratim Roy, Agency as Responsiveness, European University Institute Department of Law Research Paper No. 2016/04, 2016
Suryapratim Roy, Mediators and Moderators of Normative Reductionism: Towards a testimonial approach to expertise in legal inquiry, European Journal of Risk Regulation, 7, (3), 2016, p532-
Suryapratim Roy, Situating Urgenda v. The Netherlands within Comparative Climate Litigation, Journal of Energy and Natural Resources Law, 34, (2), 2016, p165-
Suryapratim Roy/Dimitry Kochenov, The Quality of Nationality in China and India, The Henley-Kochenov Quality of Nationality Index 2016, Henley & Partners, 2016, 7
Suryapratim Roy, Urgenda v. The Netherlands: A new climate change constitutionalism?, Nederlands Tijdschrift voor Energierecht, 5, 2015, p75-
Justice as Europe's Signifier in, editor(s)Dimitry Kochenov, Gráinne de Búrca, Andrew Williams , Europe's Justice Deficit?, Oxford, Hart Publishing, 2015, pp79 - [Suryapratim Roy]
Suryapratim Roy, Privileging (some forms of) Interdisciplinarity and Interpretation: Methods in Comparative Law, International Journal of Constitutional Law, 12, (3), 2014, p786 - 807
Suryapratim Roy & Giulia Mennillo, Ratings and Regulation: A case of an irreversible marriage? Harvard Weatherhead Center for International Affairs Working Paper, 2014
End-user Emissions Trading: What, why, how and when in, editor(s)Martha Roggenkamp and Olivia Woolley , European Energy Law Report IX, Belgium, Intersentia, 2012, pp111 - 142, [Suryapratim Roy & Edwin Woerdman]
Suryapratim Roy, From 'Crowding Out' to 'Crowding In': Towards an institutional analysis of Climate Adaptation Funds, South African Institute of International Affairs Occasional Paper , 119, Johannesburg, South African Institute of International Affairs, 2012, 30
Suryapratim Roy, Tsidiso Disenanya & Sheila Kiratu, Clean Energy Investment in Developing Countries: Domestic Barriers and Opportunities in South Africa, Trade, Investment and Climate Change Series, Winnipeg, Manitoba, Canada, International Institute for Sustainable Development, June, 2010, 77
Suryapratim Roy & Sheila Kiratu, Beyond Barriers: the Gender Implications of Trade Liberalisation in Southern Africa, Trade Knowledge Network Series, Winnipeg, Manitoba, Canada, International Institute for Sustainable Development, February, 2010, 30
Financing Solutions to Climate Change in sub-Saharan Africa: Towards an assessment of Institutional and Market Challenges in, editor(s)Peter Draper and Ivan Mbiri , Climate Change and Trade: the Challenges for Southern Africa', Johannesburg, Jacana Publishers, 2010, pp27 , [Suryapratim Roy & Sheila Kiratu]
Suryapratim Roy, The Bengali Press 1800-1850, Journal of the Calcutta Historical Society, 122, 2004, p77 - 89
Non-Peer-Reviewed Publications
Suryapratim Roy, Rahul Sambaraju, Secularism in Hindu Rashtra, Workshop on Secularism, Princeton University, Princeton, New Jersey, May 3 -4 2023, edited by Farrah Ahmed and Nathaniel Mull , 2023
Suryapratim Roy and Rahul Sambaraju, Constitutional Accommodation and the Citizenship Amendment Act, European Conference for South Asian Studies Annual Conference, Turin, 26 - 29 July 2023, 2023
Suryapratim Roy, Ambedkar in the Here and Now, Frontline, 40, (18), 2023
Suryapratim Roy, BR Ambedkar and Walter Benjamin's Critique of Constituent Power, Society of Legal Scholars Annual Conference, Oxford , 28 June, 2023, 2023
Dimitry Kochenov and Suryapratim Roy, Putinism is Contagious, 2022, -
Suryapratim Roy, A Naipauline Conversion?, Dublin Review of Books, (130), 2021
Suryapratim Roy, Law and the Non-human, Workshop on Animal Rights, University of Cambridge, March 2020, 2020
Suryapratim Roy, The Visual Culture of Law, Panel on Invisible Institutionalisms, Law and Society Association Annual Conference, Denver, May 2020, 2020
Suryapratim Roy & Rahul Sambaraju , Indian citizenship has now been reduced to 'us' versus 'them', The Conversation, 2020, -
Suryapratim Roy, Human Rights and Democracy after COVID-19, June 2, 2020, Trinity College Dublin
Suryapratim Roy, Negotiating Interdisciplinarity in Environmental Law, Asian Development Bank- United Nations Environment Programme 'Train the Trainers' Workshop, New Delhi, November 2020, 2020
Alexandru Gociu & Suryapratim Roy , Norway's Supreme Court set to rule on whether the country can keep searching for new Arctic oil, The Conversation, 2020, -
Suryapratim Roy, Against Apathy, Review of Ice on Fire, India Today, 2019
Suryapratim Roy, Comparative Climate Litigation and Human Rights, European Society of International Law Climate Change Conference, Dundee, September, 2019, University of Dundee
Suryapratim Roy, Discursive and Distributive Choices in the EU Social Market Economy, Review of 'The EU Social Market Economy and the Law:Theoretical Perspectives and Practical Challenges for the EU (Abingdon: Routledge, 2019)' , by Delia Ferri and Fulvio Cortese , Common Market Law Review, 56, (5), 2019, p1427 - 1430
Suryapratim Roy, Is Climate Change an Issue of Human Rights, The Irish Times, October 15, 2019, 2019, -
Suryapratim Roy, I Will Surive, Review of The Wall, by John Lanchester , India Today, 2019
Suryapratim Roy, Article 8 ECHR and Climate Change, Workshop on Applications of the Right to Private and Family Life under the European Convention on Human Rights, Dublin, 2019
Suryapratim Roy, What is Residency?, Critical Perspectives in Investment Migration, Geneva, July , 2019
Suryapratim Roy, Memory Rule of Law, Legal Governance of Historical Memory in Comparative Perspective, The Hague, The Netherlands, October , 2018, The Asser Institute
Suryapratim Roy , Behavioural Studies and Legal Theory, Irish Jurisprudence Society , Dubln , December, 2018
Suryapratim Roy, Locating Agency in Automated Behaviour, 28th Congress of the International Association for the Philosophy of Law, July, 2017
Suryapratim Roy, Plenary talk on 'Climate Change and Tort', Plenary of the Annual Conference on the Common Core of European Private Law, Lecce, Italy, November, 2016, Common Core of European Private Law
Suryapratim Roy, Polycentric Governance in the European Union and the Rule of Law, UACES 46th Annual Conference, London, September, 2016
Suryapratim Roy, Review of Recent Works in Comparative Law, Review of Practice and Theory of Comparative Law, by Maurice Adams and Jacco Bomhoff , Common Market Law Review, 51, 2014, p3
Dimitry Kochenov & Suryapratim Roy, ''Turning EU Citizenship into a viable tool of EU Federalism'', Verfassungsblog, 2013, -
Suryapratim Roy, Hindu Zion, Inaugural Conference, Durham Centre for Indian Law and Policy, Durham, 19-20 June 2023
Recognition
Representations
Co-editor, Dublin University Law Journal
Founding Member, COVID-19 Law and Human Rights Observatory, Trinity College Dublin
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 9) Law & Policy 10) Review of European, Comparative & International Environmental Law 11) Transnational Environmental Law 12) Journal of Ethnic and Migration Studies
Consultant, Project on Legal framework for Installation of Energy Production Units, Interreg Europe (co-funded by the European Union)
Member, Advisory Board, Trinity College Law Review
Member, Project on Autocratic Legalism (a cross-university Law & Society Association sub-group)
Empanelled Expert, MigraVoice Project (an EU funded project on migrant voices in the media)
Extern, Law School Recruitment Selection Committee, Maynooth University
Member, Investment Migration Council Education Project
Awards and Honours
Promovendus funding, Faculty of Law, University of Groningen
Erasmus Mundus Scholar
Young Leader for a Sustainable Future, International Institute of Sustainable Development
Memberships
Groningen Centre of Energy Law and Sustinability, Associate Fellow
Law & Society Association (Global Collaboration Project Grant Recipient)
Society of Legal Scholars (SLS)
Member, Irish Jurisprudence Society
Member, Committee on Inquiry into Sales of Citizenship and Residency, Irish Diaspora Loan Fund, 2019
Empanelled Expert, MigraVoice
European Association for South Asian Studies
Society for Environmental Law and Economics (SELE)
Human Development and Capabilities Association
International Society of Public Law
Dutch Energy Law Association
Bar Council of India
Rachael Walsh
Biography
I am an Associate Professor and Fellow at the School of Law, teaching and researching in the areas of property law and theory and constitutional law and theory. I am the Law School's Director of Global Engagement and Erasmus Coordinator. I previously worked as a permanent Lecturer in Law at King's College London. There, I taught property law and environmental law and served as the Director of the Joint Degree with Columbia Law School and the Study Abroad Programme. Prior to that, I was an Adjunct Professor at Trinity College Dublin. I completed my PhD at Trinity College Dublin, where I was funded by an Ussher Scholarship. I obtained an LLM degree from Harvard Law School as a Fulbright Scholar. I am also a qualified barrister.
I am recognised internationally as a leader in constitutional law and property law. Throughout my work, I aim to connect legal theory and practice through analysing the underpinnings and drivers of law 'in action'. Key recent publications include Property Rights and Social Justice: Progressive Property in Action (Cambridge University Press, 2021) and Kelly: The Irish Constitution (Bloomsbury, 2018), which is the seminal text on Irish constitutional law. These books complement peer-reviewed publications in journals of high standing in both constitutional law and property law.
My research examines how constitutions shape democracies and set parameters for solving social problems, both procedural and value-based. In my current projects, I analyse the role of citizens in constitutional reform and the balance between the individual and the community in the protection of property rights. I do so through the prism of global challenges, for example securing safe and secure housing (including over the course of the COVID-19 pandemic), effectively designing and implementing climate mitigation measures, and restoring trust in democracy.
My property scholarship focuses in various ways on the question of how the State can restrict the exercise of property rights to secure the common good, analysing whether property law, and ideology, limits the legal and political scope for progressive policy reforms in response to urgent problems such as climate change. Accordingly, my research cross-cuts a range of subject areas, including property law and theory, constitutional law and theory, environmental law, planning law, housing law, and human rights law.
As well as focusing on the interaction between constitutional law and property law, I research other constitutional problems. Given the rise of populist politics around the world, there is an urgent need to reconnect people with political processes. Increasing citizen participation is proposed as one solution, with Ireland pointed to internationally as a leading example. Arising out of my role as constitutional law advisor to the Irish Citizens' Assembly, my research also explores the role that citizens play in changing and updating constitutions, in particular through deliberative processes.
Publications and Further Research Outputs
Peer-Reviewed Publications
Rachael Walsh, Common Good Constitutionalism and the Individual " A Property Perspective, American Journal of Jurisprudence, 69, (1), 2024
Developing Resilient Property Systems: Legal Opportunities and Challenges in, editor(s)Magdalena Habdas , Rethinking Expropriation Law IV, Netherlands, Eleven, 2024, pp309 - 325, [Rachael Walsh]
Progressive Property's Thomistic Turn: Connecting Human Sustenance and Human Flourishing in, editor(s)Chris Bevan , Property Law and Theory Handbook, Edward Elgar, UK, Edward Elgar, 2024, [Rachael Walsh]
Rachael Walsh, Constitutional Property and Progressive Property's Compatibility: A Reappraisal, Texas A&M Journal of Property Law, 10, (1), 2024, p81 - 109
Rachael Walsh, 'Doctrinal Coherence and the Dwelling in Irish Constitutional Law', Dublin University Law Journal, 2024
Oran Doyle and Rachael Walsh, Assessing the Influence and Legitimacy of Citizen Deliberation on Abortion: A Reply to Eoin Carolan and Seana Glennon, International Journal of Constitutional Law, 22, (1), 2024, p204 - 208
Property Rights and Democratic Decision-Making: Lessons from the 1922 Constitution in, editor(s)Laura Cahillane and Donal Coffey , The Centenary of the Irish Free State Constitution: Constituting a Polity?, UK, Palgrave, Palgrave Modern Legal History, 2024, pp197 - 215, [Rachael Walsh]
Deliberative Property: Managing Complexity in Property Systems in, editor(s)John Oberdiek, Paul Miller , Oxford Studies in Private Law Theory, Oxford, OUP, 2024, [Rachael Walsh]
Rachael Walsh, Specifying Interpersonal Responsibilities in Private Law, American Journal of Jurisprudence, 68, (2), 2023, p141 - 151
Rachael Walsh, Distributing Collective Burdens and Benefits: O'Reilly, TD, and the Housing Crisis, Irish Judicial Studies Journal , 6, (3), 2022, p63 - 70, p63-70
Oran Doyle and Rachael Walsh, Constitutional Amendment and Public Will Formation: Deliberative Mini-Publics as a Tool for Consensus Democracy, International Journal of Constitutional Law, 20, 2022, p398 - 427
Rachael Walsh, Distributing the Costs of Change: Property Transitions and Pacts, International Journal of Law in Context, 18, (2), 2022
Rachael Walsh, Review of Open Democracy : Reinventing Popular Rule for the 21st Century, by Helene Landemore , International Journal of Constitutional Law, 2021, phttps://doi.org/10.1093/icon/m
Deliberative Mini-Publics as a Response to Populist Democratic Backsliding in, editor(s)Maria Cahill, Colm O'Cinneide, Seán Ó Conaill and Conor O'Mahony , Constitutional Change and Popular Sovereignty: Populism, Politics and the Law in Ireland, London, Routledge, 2021, [Oran Doyle and Rachael Walsh]
Rachael Walsh, Property Rights and Social Justice: Progressive Property in Action, Cambridge, Cambridge University Press, 2021
Securing Possession of the Home in the COVID-19 Context in, editor(s)Elsabe van der Sijde , Property Responses to a Global Pandemic, South Africa, Juta, 2021, pp165 - 182, [Rachael Walsh]
Rachael Walsh and Sarah Hamill (chapter authors) Deirdre Ahern and Suryapratim Roy (report editors), Policy Responses to Covid-19 In Ireland: Supporting Individuals, Communities, Businesses, and the Economy, COVID-19 Legal Observatory, Trinity College Dublin, December, 2020, p1 - 108
Oran Doyle and Rachael Walsh, Deliberation in Constitutional Amendment: Reappraising Ireland's Deliberative Mini-Publics, European Constitutional Law Review, 16, (3), 2020, p440 - 465
Rachael Walsh, Climate Change Retrofitting Obligations - Ireland, 2020
Oran Doyle and Rachael Walsh, Participatory Democracy in Ireland: Citizens' Assemblies, Studi Senesi, 131, 2019, p485 - 496
Rachael Walsh, Climate Action and Constitutional Property Rights - Partners or Adversaries?, Dublin University Law Journal, 42, (2), 2019, p131 - 149
Rachael Walsh and Lorna Fox O'Mahony, Land Law, Property Ideologies and the British Irish Relationship, Common Law World Review, 47, 2018, p7 - 34
GW Hogan, GF Whyte, D Kenny, R Walsh, Kelly: The Irish Constitution, Fifth edition, Dublin, Bloomsbury Professional, 2018, 1 - 2765pp
The Marginality of Property in Expropriation Law: A Comparative Assessment in, editor(s)Gustav Muller, Reghard Brits, Bradley Slade, Jeannie van Eyk , Transformative Property Law, South Africa, Juta, 2018, pp21 - 51, [Bradley Slade and Rachael Walsh]
Rachael Walsh, Property, Human Flourishing, and St Thomas Aquinas: Assessing a Contemporary Revival, Canadian Journal of Law and Jurisprudence, 31, (1), 2018, p197 - 222
Comparative Constitutional Property Law in, editor(s)Lionel Smith and Michele Graziadei , Research Handbook on Comparative Property Law, US, Elgar, 2017, pp193 - 216, [Rachael Walsh and Andre van der Walt]
Reviewing Expropriations: The Search for 'External Guidance" in, editor(s)Hanri Mostert and Leon Verstappen , Rethinking Public Interest in Expropriation Law, The Netherlands and South Africa, Eleven Publishing and Juta Publishing, 2015, [Rachael Walsh]
Gerard Hogan, David Kenny, Rachael Walsh, An Anthology of Declarations of Unconstitutionality, Irish Jurist, 54, 2015, p1 - 35
Rachael Walsh, Stability and Predictability in English Property Law - The Impact of Article 8 of the European Convention on Human Rights Reassessed, Law Quarterly Review, 131, (October), 2015, p585 - 609
Belfast Corporation v OD Cars - Setting Parameters for Restricting Use in, editor(s)Robin Hiickey, Simon Douglas and Emma Waring , Landmark Cases in Property Law, Oxford: UK, Hart Publishing, 2015, pp227 - 252, [Rachael Walsh]
Expropriation in Ireland in, editor(s)Jacques Sluysmans, Emma Waring, Stijn Verbist , Expropriation Law in Europe, Netherlands, Wolters Kluwer, 2015, [Rachael Walsh]
Rachael Walsh and Eloise Scotford, The Symbiosis of Property and English Environmental Law - Property Rights in a Public Law Context, Modern Law Review, 76, 2013, p1010-
The Evolving Relationship Between Property and Participation in English Planning Law in, editor(s)Nick Hopkins , Modern Studies in Property Law Volume 7, Oxford, UK, Hart Publishing, 2013, pp283 - [Rachael Walsh]
King's Law Journal, Special Edition, 'The Interface of Public and Private Concepts of Property', 24, 2, (2013), Rachael Walsh, Tanya Aplin, Leslie Turano-Taylor, [eds.], Special Edition Editor
Rachael Walsh , Private Property Rights in the Drafting of the Irish Constitution - A Communitarian Compromise, Dublin University Law Review, 33, 2011, p86-
Rachael Walsh , Integrating Proportionality into Public Authority Possession Applications - Conclusive Answers from the Supreme Court?, King's Law Journal, 22, 2011, p414-
Rachael Walsh , Property in the Margins, King's Law Journal, 21, 2010, p591-
Rachael Walsh , The Principles of Social Justice - The Compulsory Acquisition of Private Property for Redevelopment in the United States and Ireland, Dublin University Law Journal , 32, 2010, p1-
Rachael Walsh , The Constitution, Property Rights and Proportionality - A Reappraisal, Dublin University Law Journal , 31, 2009, p1-
Rachael Walsh, Cogley v RTE and Aherne v RTE, Trinity College Law Review, 9, (1), 2006, p137 - 146
Non-Peer-Reviewed Publications
Rachael Walsh, 'Constitutional Property Rights: Setting Parameters for Responding to the Housing Crisis', Housing Commission Expert Conference on a Referendum on Housing, University College Dublin, 21/05/22, 2022
Rachael Walsh, Opinion on the Implications of Constitutional Property Rights for Responses to the Housing Crisis', 2020
H2020 consortium, 'RESILENS: Realising European Resilience for Critical Infrastructure', http://resilens.eu, 2018, -
Rachael Walsh, Compensation for Expropriation - 'Democratic Discounting', Rethinking Expropriation: Compensation for Expropriation, University of Cape Town, 7-9 December 2016, 2016
Rachael Walsh, Tanya Aplin, Leslie Turano-Taylor, The Public/Private Interface of Property, King's Law Journal, 24, (2), 2013, p1-
Research Expertise
Description
I have established myself as an international leader in property and constitutional law through 2 books and 39 articles/chapters. My scholarship distinctively integrates analysis of private law (governing legal relations between private individuals) and public law (governing State/individual relations), transforming understandings of disciplinary boundaries at national and international levels. I interrogate how legal protections for owners shape equitable responses to global challenges, like affordable housing and climate mitigation. For example, my accepted chapter in the forthcoming peer-reviewed "Oxford Studies in Private Law Theory" series critically analyses the relationship between legal regulation, stakeholder deliberation, and judicial decision-making in mortgage arrears crises. The importance of my research was reflected in its selection for the Provost's Annual Review. I achieve real-world impacts through my scholarship. I am currently Lead PI for the interdisciplinary ASHA (Achieving Sustainable Housing Affordably) project, awarded 400,000 euros in TRDA funding in June 2023, and I was previously Co-PI in the H2020 RESILENS project. My monograph 'Property and Social Justice: Progressive Property in Action' (CUP, 2021) showed how property rights and social justice can be effectively mediated through law. It was reviewed as 'exemplary' and 'insightful' (International Journal of Constitutional Law) and cited by the Irish Supreme Court in 2024. I broke new ground in Irish constitutional law as co-author of Kelly: The Irish Constitution (Bloomsbury, 2018). This treatise is recognised internationally as providing the authoritative academic analysis of all aspects Irish constitutional law and is routinely cited by the Irish Supreme Court. Relatedly, and arising out of my role as constitutional law advisor to the Citizens' Assembly, my research analyses how citizens influence constitutional reform, including through publications in leading international peer-reviewed journals, such as the International Constitutional Law Journal. This research also has important social impact, and I have advised at EU and international levels on citizen deliberation.Projects
- Title
- RESILENS
- Summary
- Funded H2020 interdisciplinary project, working with SME's, public bodies and academics on resilience planning in core infrastructure development.
- Funding Agency
- EU Commission
- Date From
- Estimated June 2015
Recognition
Representations
Appointed member of the Expert Advisory Group of the Citizen's Assembly on the Eighth Amendment, Fixed Term Parliaments, and Referendums. This is widely regarded as the foremost global example of citizen deliberation on constitutional reform. I was appointed by its Chairperson, former Supreme Court Judge Mary Laffoy. I had responsibility for intensive work to prepare the work programme and agendas for the Assembly on abortion, identify appropriate speakers, review expert papers, draft proposals and ballot papers, and attend at the Assembly's workshops to answer questions from the citizens and track and respond to the development of the Assembly's work. Its recommendations fed directly into the successful referendum on abortion that was held in May 2018.
Board Member, Director (volunteer) O'Cualann Co-housing Alliance (Approved Housing Body and Registered Charity). I am a Director of an innovative housing body, supporting affordable housing developments throughout Ireland and developing a distinctive model regularly cited by politicians as exemplary.
Editor, Legal Studies. Legal Studies is a leading international generalist law journal, impact factor 0.7, covering all subject areas within the discipline, and published by CUP. I have responsibility for managing all aspects ofthe peer-review and editorial processes, liaising with the production, publication, and marketing teams, supporting early career researchers, and advancing the journal's mission of diversifying its pool of authors and reviewers. I was appointed following a competitive selection process by the Society of Legal Scholars.
External Examiner for University College Dublin - overall responsibility for reviewing academic standards across all modules in Property and Trusts law (core areas of the curriculum). Responsibilities include attendance at exam boards, review of exam papers and liaising with academics, review of exam results data.
Consultant to the Law Reform Commission for its Compulsory Acquisition of Land report (published in March 2023 - https://www.lawreform.ie/_fileupload/Reports/LRC%20127%202023/LRC-127%202003%20-%20Compulsory%20Acquisition%20of%20Land%20-%20W%20Cover.pdf), providing expert advice on the future direction of law reform on compulsory purchase in Ireland, which is an area of law that is vital to ensuring effective responses to the ongoing housing crisis.
Award application reviewer, Fulbright Commission of Ireland
Peer-reviewer, monograph proposals, Routledge
Peer-reviewer, monograph proposals, Oxford University Press
Peer-reviewer, The Irish Jurist
Peer-reviewer, Irish Judicial Studies Institute Journal
Peer reviewer, Irish Supreme Court Review
External advisor, Housing Commission, Ireland. Invited to provide detailed advice to the Housing Commission, in particular on options for a referendum on a right to housing in Ireland.
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.
External examiner, PhD, University of Glasgow
External examiner, PhD, University of Stellenbosch - external examiner for 3 PhDs at the University of Stellenbosch
External Advisor (Citizen Deliberation), EU Committee of the Regions: I was invited to present and share expertise on the Irish experience of deliberative democracy in constitutional reform processes.
External Advisor, Irish Citizen's Assembly on Biodiversity Loss
Peer-reviewer, Modern Law Review. This is the leading generalist law journal in the UK. I was an invited guest to the annual Chorley Lecture and dinner in 2024 in recognition of my particular contribution as a peer-reviewer for the journal.
External Advisor, Irish Citizen's Assembly on Gender Equality
Mentoring Committee, Association of Law Property and Society, responsibility for leading the association's aim of ensuring early-career and peer to peer mentoring at all levels.
External Advisor, German National Citizen's Assembly (Burgerrat Demokratie). I was interviewed by the German Citizens' Assembly to inform its work on democratic reform. Recording available at: https://soundcloud.com/user-755126245/ergebnisse-des-burgerrats-demokratie
Peer-reviewer, Journal of Law, Property and Society
Peer-reviewer, University of Toronto Law Journal
Fellow, South African Research Chair in Property Law - appointed on the basis of outstanding research in comparative constitutional property law, functions include attending at the Chair to carry out research, delivery of graduate seminars and examination of PhD's.
External reviewer for the South African research funding body, the National Research Foundation. Functions include reviewing and assessing research outputs from individual researchers, and reviewing institutions from a teaching and learning, as well as a research perspective.
Peer-reviewer, monograph proposals, Cambridge University Press
Peer-reviewer. The Conveyancer journal.
Peer-Reviewer, European Property Law Journal
Member, Editorial Board, King's Law Journal
Peer-reviewer, Dublin University Law Journal
National representative for Ireland for the Core Principles of European Expropriation Law and Obligations to climate-proof real estate EU-wide research projects.
Awards and Honours
School winner, TCD Research Supervision Awards
Elected to Fellowship, Trinity College Dublin
Provost's Teaching Award
Accelerated Advancement in the Assistant Professor grade
Laidlaw Scholar Supervisor
Ussher Award for PhD studies
Fulbright Scholar Award
Rodney Overend Educational Trust award for Ph.D. studies
James Murnaghan Prize, The Honorable Society of the King's Inns
Gold Medal Award, TCD
Henry Hunter Hamilton Prize, TCD
Memberships
Member, Society of Legal Scholars, and Co-Editor of the associated peer-reviewed journal, Legal Studies. Legal Studies is a leading international Law journal, which is general rather than specialist in the legal subject-areas that it covers. It is published by CUP and has a current impact factor of 0.7. I was appointed in 2022 to the position of editor following a competitive process run by the Society of Legal Scholars to identify a new editorial team. I am part of a team of 4 co-equal editors of the journal, leading all stages of the peer-review process for articles, liaising with production, and engaging in author and readership outreach.
Director (voluntary), O'Cualann Co-Housing Alliance. This is an innovative co-housing charity and approved housing body, working throughout Ireland to deliver low cost housing for purchase. As a Board Member, I use my legal expertise, particularly on property and housing, to steer the activities of the alliance.
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. As a Board Member, I steer the conference activities and also manage a research mentoring programme and support for postgraduate research.
Member, Progressive Property Network. This research group, which was started in Harvard but has expanded its reach internationally, includes the top international property scholars working within the progressive property school of thought, and is focused on sharing and supporting the development of research, and an annual conference. Membership is by invitation only from one of the founding members of the group.
Member, Association of Law, Property and Society, and Mentoring Sub-Committee Lead. This association (ALPS) is one of the top international networks for property research, with year-round activities, as well as an annual conference. I am responsible for facilitating mentoring between senior and early career academics, and peer-to-peer mentoring.
Member, Expert Group on Expropriation: The Expert Group brings together by invitation leading academics and practitioners working in the field of expropriation law to develop good governance standards in expropriation, in particular with a view to securing sustainable development. The Group holds regular international conferences and publishes peer-reviewed edited collections.
Fellow, South African Research Chair in Property Law Group: The Research Chair was 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 an appointed Fellow, I contributed to its research activities and to its postgraduate programmes, including through teaching and as a PhD examiner.
Member, Resilient Property Theory Network: this research group runs a monthly reading group and annual workshop on cutting edge approaches to property theory.
Member, Irish Association of Law Teachers
Member, International Society of Public Law
Member, Irish Jurisprudence Society
Gerry Whyte
Biography
Gerard F Whyte BCL (NUI), LLM (NUI), LL.D. (NUI), BL, MA FTCD (1990), Barrister-at-Law. Gerry Whyte is a Professor in Trinity Law School and a Fellow of Trinity College. The author and co-author of books on public interest law, constitutional law and trade union law, he has also edited books on aspects of law and religion and Irish social welfare law and has published extensively in the areas of public interest law, constitutional law, social welfare law and labour law. He is also active in a number of social justice and legal aid organisations and is a former member of the Commission on Assisted Human Reproduction and of the Steering Group of Irish Council of People with Disabilities. His research interests are public interest law, constitutional law, labour law, social welfare law, law and religion.
Publications and Further Research Outputs
Peer-Reviewed Publications
Mel Cousins and Gerry Whyte, Social Security Law in Ireland, Fifth edition, Alphen aan den Rijn, NL, Kluwer Law International, 2024, 1 - 398pp
Gerry Whyte, Deportation and the Marital Family: Gorry v Minister for Justice and Equality, Irish Supreme Court Review, 4, 2022, p203 - 221
Mel Cousins and Gerry Whyte, Social Security Law Ireland , Fourth edition, Alphen Aan den Rijn, Wolters Kluwer, 2021, 1 - 432pp
Gerry Whyte, Begging and Irish law, The Irish Jurist, 64, (2), 2020, p153 - 166
Litigating the Right to Inclusive Education under Irish Law in, editor(s)Gauthier de Beco, Shivaun Quinlivan, Janet Lord , The Right to Inclusive Education in International Human Rights Law, Cambridge, Cambridge University Press, 2019, pp497 - 513, [Gerry Whyte]
Judicial decisions as catalysts for social change in, editor(s)Eoin Carolan , Judicial Power in Ireland, Dublin, IPA, 2018, pp147 - 157, [Gerry Whyte]
GW Hogan, GF Whyte, D Kenny, R Walsh, Kelly: The Irish Constitution, Fifth edition, Dublin, Bloomsbury Professional, 2018, 1 - 2765pp
Gerry Whyte, Lord Ellenborough's Law of Humanity and the Legal Duty to Relieve Destiitution, The Irish Jurist, Vol.60, 2018, p1 - 32
Gerry Whyte, Social Inclusion and the Legal System: Public Interest Law in Ireland , Second edition, Dublin, Institute of Public Administration, 2015, 554 + liiipp
Public Interest Litigation in Ireland and the European Convention on Human Rights Act 2003 in, editor(s)Suzanne Egan, Liam Thornton and Judy Walsh , Ireland and the ECHR: 60 Years and Beyond, Dublin, Bloomsbury, 2014, pp257 - 279, [Gerry Whyte]
Gerry Whyte, Judicial Capacity to enforce Socio-Economic Rights, Dublin University Law Journal, 37, 2014, p203 - 230
The Efficacy of Public Interest Litigation in Ireland in, editor(s)Professor Tiya Maluwa , Law, Politics and Rights: Essays in memory of Kader Asmal, Leiden, Brill , 2013, pp252 - 284, [Gerry Whyte]
Gerry Whyte, Constitutional Litigation and Disability Rights, Irish Jurist, 48, 2012, p303 - 322
Gerry Whyte, A Tale of Two Cases - Divergent Approaches of the Irish Supreme Court to Distributive Justice, Dublin University Law Journal, 32, 2010, p365 - 379
G.F. Whyte, "The Frontiers of Religious Liberty: A Commonwealth Celebration of the 25th Anniversary of the U.N. Declaration on Religious Tolerance - Ireland, Emory International Law Review, Vol.21, (No.1), 2007, p43 - 76
Gerry Whyte, The role of the Supreme Court in our democracy: A response to Mr. Justice Hardiman, Dublin University Law Journal, 28, 2006, p1 - 26
The Separation of Powers and Constitutional Egalitarianism after the Health (Amendment) (No.2) Bill Reference in, editor(s)Eoin O'Dell , Older People in Modern Ireland: Essays on Law and Policy, Dublin, First Law, 2006, pp393 - 426, [Oran Doyle and Gerry Whyte]
Gerry Whyte, Protecting Religious Ethos in Employment: A clash of cultures, Dublin University Law Journal, 27, 2005, p169 - 183
Gerry Whyte (with Eoin O'Dell), Is This a Country for Old Men and Women? - In re Article 26 and the Health (Amendment) (No.2) Bill 2004 , Dublin University Law Journal, 27, 2005, p368 - 392
Whyte, G., Hogan, G., Kelly's The Irish Constitution, Fourth edition, LexisNexis, 2004
Whyte, G., Social Inclusion and the Legal System: Public Interest Law in Ireland, IPA, 2002
Whyte, G., The right to die and the Irish Constitution, European Public Law, 235, 1997
Whyte, G., Religion and the Irish Constitution, John Marshall Law Review, 725, 1997
Whyte, G., Public interest litigation in Ireland - the emergence of the affirmative decree?, Dublin University Law Journal, 198, 1997
Whyte, G., Gender and Equality in the Irish Social Welfare System, Irish Human Rights Yearbook, 50, 1995
Gerard Hogan, Gerry Whyte, The Irish Constitution, Third edition, Butterworths, 1994, cxxii, 1-1222pp
Whyte, G., Education and the Constitution: convergence of paradigm and praxis, XXV-XXVII Ir. Jur., 69, 1992
Whyte, G., O'Dell, E., Welfare, Women and Unjust Enrichment, Industrial Law Journal, 304, 1991
Whyte, G., Social Welfare Law -the cohabitation rule, Dublin University Law Journa1, 187, 1989
Whyte, G., Part-time Workers under Labour and Social Welfare Law, Dublin University Law Journal, 74, 1989
Whyte, G., Welfare Law - Travellers and the Law, Dublin University Law Journal, 189, 1988
Whyte, G., The Family and the State -Irish Constitutional Law, St. Louis University Public Law Review, 237, 1988
Whyte, G., Legal action on behalf of the underprivileged - an evaluation of the test case strategy, Dublin University Law Journal, 102, 1986
Whyte, G., Kerr, A., Irish Trade Union Law, Professional Books, 1985
Whyte, G., "And Justice for Some...", Dublin University Law Journal, 88, 1984
Whyte, G., Kerr, A., Labour Law, Trade Disputes and the Constitution, Dublin University Law Journal, 187, 1984
Whyte, G., Constitutional Law - the one judgment rule in action, Dublin University Law Journal, 273, 1983
Whyte, G., The applicability of the European Convention on Human Rights before the Irish courts, International Comparative and Law Quarterly, 856, 1982
Whyte, G., Industrial Relations and the Constitution, XVI Ir. Jur., 35, 1981
Whyte, G., Constitutional protection and the European Convention on Human Rights -an Irish joke? The punchline, Modem Law Review, 541, 1981
Non-Peer-Reviewed Publications
Social Welfare Law in, editor(s)William Binchy and Raymond Byrne , Annual Review of Irish Law, Dublin, Thomson Reuters Professional (Ireland) Ltd, 2023, pp509 - 521, [Gerry Whyte and Mel Cousins]
Social Welfare Law in, editor(s)William Binchy and Raymond Byrne , Annual Review of Irish Law 2021, Dublin, Round Hall Thomson Reuters, 2022, pp467 - 479, [Gerry Whyte, Mel Cousins]
Social Welfare Law in, editor(s)Ray Byrne and William Binchy , Annual Review of Irish Law 2020, Dublin, Round Hall Thomson Reuters, 2021, pp707 - 720, [Gerry Whyte and Mel Cousins]
Social Welfare Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2019, Dublin, Round Hall, 2020, pp628-651 , [Mel Cousins, Gerry Whyte]
Social Welfare Law 2017-18 in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2018, Dublin, Round Hall, 2019, pp542 - 565, [Mel Cousins and Gerry Whyte]
Social Welfare Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2016, Dublin, Round Hall, 2017, pp579-605 , [Mel Cousins, Gerry Whyte]
Public Interest Litigation - an evaulation in, editor(s)Ivana Bacik and Mary Rogan , Legal Cases that Changed Ireland, Dublin, Clarus Press, 2016, pp109 - 116, [Gerry Whyte ]
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]
Gerry Whyte , Guaranteeing Freedom of Religion in Contemporary Ireland, Doctrine and Life, 66, (8), 2016, p10 - 25
Social Welfare Law in, editor(s)R Byrne and W Binchy , Annual Review of Irish Law 2014, Dublin, Round Hall, 2015, pp619 - 638, [Gerry Whyte and Mel Cousins]
Social Welfare Law in, editor(s)R Byrne and W Binchy , Annual Review of Irish Law 2013, Dublin, Round Hall, 2014, pp535 - 547, [Gerry Whyte and Mel Cousins]
Social Welfare Law in, editor(s)R Byrne and W Binchy , Annual Review of Irish Law 2012, Dublin, Round Hall, 2013, pp546 - 554, [Gerry Whyte and Mel Cousins]
Gerry Whyte, The legal status of 'no foal, no fee' agreements, The Bar Review , 17, (3), 2012, p61 - 67
Social Welfare Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2011, Dublin , Round Hall, 2012, pp583 - 599, [Gerry Whyte and Mel Cousins]
Social Welfare Law in, editor(s)R Byrne and W Binchy , Annual Review of Irish Law 2010, Dublin, Round Hall, 2011, pp592 - 598, [Gerry Whyte]
Social Welfare Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2009, Dublin, Round Hall , 2010, pp711 - 719, [Gerry Whyte]
Social Welfare Law 2008 in, editor(s)William Binchy and Raymond Byrne , Annual Review of Irish Law 2008, Dublin, Round Hall, 2009, pp581 - 586, [Gerry Whyte]
Social Welfare Law 2007 in, editor(s)William Binchy and Raymond Byrne , Annual Review of Irish Law 2007, Dublin, Round Hall, 2008, pp513 - 524, [Gerry Whyte]
Providing Effective Access to Legal Services in, editor(s)Aibhlin McCrann , Memories, Milestones and New Horizons, Belfast, Blackstaff Press, 2008, pp115 - 134, [Gerry Whyte]
On the Meaning of 'Religion' under the Irish Constitution in, editor(s)Eoin Carolan and Oran Doyle , The Irish Constitution: Governance and Values, Dublin, Thomson Round Hall, 2008, pp446 - 462, [Gerry Whyte]
Social Welfare Law 2006 in, editor(s)William Binchy and Raymond Byrne , Annual Review of Irish Law 2006, Dublin, Thomson Round Hall, 2007, pp524 - 534, [Gerry Whyte]
Gerry Whyte, Socio-Economic Rights in Ireland: Judicial and Non-Judicial Enforcement, Bar Review, 11, (1), 2006, p27 - 31
Social Welfare Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2005, Dublin, Thomson Round Hall, 2006, pp625 - 632, [Gerry Whyte]
Gerry Whyte, The Moral Status of the Embryo, Medico-Legal Journal of Ireland, 12, (2), 2006, p77 - 82
Gerry Whyte, Integrating Professional Practice and Religious Faith, Doctrine and Life, 55, (10), 2005, p18 - 29
Social Welfare Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2004, Dublin, Thomson Round Hall, 2005, pp449 - 458, [Gerry Whyte]
Whyte, G., Social Welfare Law, Annual Review of Irish Law 2003, 2004
Rights and Judicial Activism in, editor(s)Fanning, Kennedy, Kiely, Quin , Theorising Irish Social Policy, UCD Press, 2004, [Whyte, G.]
Whyte, G., Democracy and Multireligious Experience: Constitutional Dilemmas, Svensk Teologisk Kvartalskrift, 108, 2004, `
Whyte, G., Social Welfare Law, Annual Review of Irish Law 2001, 2004
Socio-Economic Rights and the Irish Constitutio in, editor(s)Lavan , Social Rights and Social Cohesion, IEA/Dept. of Social, Community and Family Affairs, 2003, [Whyte, G.]
Whyte, G., Social Welfare Law, Annual Review of Irish Law 2000, 2002
Whyte, G., Social Welfare Law, Annual Review of Irish Law 1999, 2001
Whyte, G., Social Welfare Law, Annual Review of Irish Law, 1999
some Reflections on the Role of Religion in the Constitutional Order in, editor(s)Tim Murphy and Patrick Twomey , Ireland's Evolving Constitution 1937-1997, Oxford, Hart Publishing, 1998, pp51 - 64, [Gerry Whyte]
Whyte, G., Social Welfare Law, Annual Review of Irish Law, 1998
Gerry Whyte , Discerning the philosophical premises of the Report of the Constitution Review Group, Contemporary Issues in Irish Law and Politics, Vol. 2, 1998, p216 - 238
Whyte, G., Social Welfare Law, Annual Review of Irish Law, 1998
Whyte, G., Education, religion and an indeterminate constitution, Doctrine and Life, 274, 1997
Whyte, G., Social Welfare Law, Annual Review of Irish Law, 1997
A comment on the Constitution Review Group's proposals on equality in, editor(s)Byrne and Duncan , Developments in discrimination law in Ireland and Europe, ICEL, 1997, [Whyte, G.]
Whyte, G., Annotation of Civil Legal Aid Act 1995, Irish Current Law Statutes Annotated, 32, 1996
Whyte, G., "The Constitutionalisation of Labour Law" (1994-5), Journal of the Irish Society for Labour Law, 208, 1996
Whyte, G., Natural Law and the Constitution, Irish Law Times, 8, 1996
Whyte, G., O'Connor v. Irish Press Newspapers Ltd.: a short comment on the role and procedures of the Social Welfare Tribunal, Employment Law Reports, xxiv, 1995
Whyte, G., Introduction, Religious Morality and Public Policy, 1995
Whyte, G., The White Paper: a lawyer's response, Vol. II Studies in Education: A Journal of Educational Research, 22, 1995
Whyte, G., Treacy, B. (editors), Religious Morality and Public Policy, Dominican Publications, 1995
Whyte, G., Social Welfare Law, Annual Review of Irish Law 1993, 1994
Constitutional Adjudication, Ideology and Access to the Courts in, editor(s)A. Whelan , Law and Liberty in Ireland, Oaktree Press, 1993, [Whyte, G.]
Whyte, G., Liability of personal representatives under the social welfare code, Gazette of the Incorporated Law Society of Ireland, 175, (1993), 1993
Education and the Constitution in, editor(s)D. Lane , Religion, Education and the Constitution, Columba Press, 1992, [Whyte, G.]
Abortion and the Law in, Abortion, Law and Conscience, Dominican Publications, 1992, [Whyte, G.]
Whyte, G., State Aid for Church Schools: Is it legal?, Doctrine and Life, Feb., 1992
Irish Social Security Policy during the 1980s in, editor(s)B. Greve , Social Policy in Europe, Copenhagen, Danish National Institute of Social Research, 1992, [Whyte, G.]
Whyte, G., Recent changes in the liabilities of personal representatives under the social welfare code, Gazette of the Incorporated Law Society of Ireland, 1991
Whyte, G., Report of the Review Group on the Treatment of Households in the Social Welfare Code: a Legal Perspective, Administration, 134, 1991
Whyte, G., Enforcing maintenance obligations through the welfare system, Gazette of the Incorporated Law Society of Ireland, 5, 1990
Whyte, G., The Impact in Ireland of EC Law on Social Security Rights for Migrant Workers, Mobility of People in the European Community (Irish Centre for European Law, 1990), 1990
Whyte, G., Note on the Social Welfare (No.2) Act 1989, Irish Current Law Statutes Annotated, 1989
Whyte, G., Reforming the social welfare appeals system, Irish Law Times, 198, 1989
Whyte, G., Constitutional protection for the married family, Irish Law Times, 115, 1989
Whyte, G., Social Welfare Law 1988/9: the year in review, Journal of the Irish Society for Labour Law, 66, 1989
Council Directive 79/7/EEC in Ireland in, Sex Equality, Community Rights and Irish Social Welfare Law, ICEL, 1988, [Whyte, G.]
Whyte, G. (editor), Sex Equality, Community Rights and Irish Social Welfare Law, ICEL, 1988
Whyte, G., Protecting the married family on social welfare, Irish Law Times, 87, 1988
Whyte, G., Social Welfare Law 1987/8: the year in review, Journal of the Irish Society for Labour Law, 82, 1988
Law and Poverty in Ireland in, editor(s)W. Duncan , Law and Social Policy, Dublin University Law Journal, 1987, [Whyte, G.]
Whyte, G., The Liability of personal representatives under the social welfare code, Gazette of the Incorporated Law Society of Ireland, 129, 1987
Whyte, G., Social Welfare payments and the assessment of damages in civil actions, Gazette of the Incorporated Law Society of Ireland, 281, 1987
Whyte, G., Social Welfare Law 1986/7: the year in review, Journal of the Irish Society for Labour Law, 88, 1987
Whyte, G., An evaluation of the Report of the Commission on Social Welfare, Journal of the Irish Society for Labour Law, 81, 1986
Whyte, G., Social Welfare Law 1985/6: the year in review, Journal of the Irish Society for Labour Law, 135, 1986
Whyte, G., Vindicating statutory employment rights - an exercise in legalism, Irish Law Times, 201, 1984
Whyte, G., The European Convention on Human Rights and the closed shop, Gazette of the Incorporated Law Society of Ireland, 237, 1981
Whyte, G., The right of workers to choose their collective bargaining agents, Gazette of the Incorporated Law Society of Ireland, 53, 1981
Whyte, G., Nominal plaintiffs and the Irish Constitution, Gazette of the Incorporated Law Society of Ireland, 229, 1980
Whyte, G., Rationalising the Law on Picketing, Irish Law Times and Solicitors' Journal, 93, 1979
Research Expertise
Description
Public interest law, constitutional law, labour law, social welfare law, law and religion.Recognition
Representations
Ministerial appointee to Steering Group for Irish Council of People with Disabilities
Ministerial appointee to Commission on Assisted Human Reproduction
Member of EU Group of Experts on Convergence of Social Protection Policies
Ministerial appointee to selection panel for Irish Human Rights and Equality Commission designate
Awards and Honours
Fellow of Trinity College
Researchers
Postgraduate Researchers
- Mr Conor Casey
- Mr Li-Kung Chen
- Ms Roisin Costello
- Mr Daire McCormick-George
- Mr Juan Diego Galaz Carvajal
- Ms Marta Lasek
- Ms Finola Flanagan
- Mr Alex Layden
- Mr James Rooney
- Mr Samuel Lemire
Associate Researchers within TCD
- Professor Will Phelan (Department of Politics)
- Professor Etain Tanam (Irish School of Ecumenics)
- Professor Jane Ohlmeyer (Director of the Trinity Long Room Hub)
- Professor Adina Preda (Philosophy Department)
Research Clusters
Research at the Centre currently clusters around the following three themes:
- Constitutionalism Beyond Borders (focusing on the issue of a potential Border poll on a United Ireland in Northern Ireland and the Republic of Ireland, as well as other constitutional issues surrounding the relationship between Ireland and the UK in a post-Brexit world);
- Constitutional Change (focusing on the use of referendums and citizens’ assemblies to change constitutional norms, with particular reference to recent and forthcoming experiments in Ireland using these mechanisms, also addressing the demands of democratic constitutionalism as compared to populist governments in Eastern Europe and elsewhere);
- Constitutionalism Beyond the Courts (looking at the constitutional role of key actors such as the Executive, Parliament, Ombudsmen, the Attorney General, Parliamentary Committees, Interest Groups and broader Civil Society).
TriCON News and Events
TriCON Conference on Contraception and the Constitution after McGee - Saturday 2 December 2023
It is now 50 years since the decision of McGee v Attorney General which led to a significant shift in Irish societal attitudes towards reproductive rights and led the way for subsequent legislative changes. Trinity College Dublin's TriCON (Trinity Centre for Constitutional Governance) and ICON-S GBIE will host a one-day conference to discuss this case and broader constitutional change following the decision.
Event Date: Saturday 2 December 2023, 9:00am - 5:00pm
Location: Trinity Long Room Hub
CPD Points / Hours: 6
TRiCON is supported by the Erasmus+ Programme of the European Union through the Jean Monnet Centre of Excellence in Law and Politics, Trinity College Dublin.
Judicial Appointments Commission Bill Reference - Tuesday 14 November 2023
President Higgins’ referral of the Judicial Appointments Commission Bill to the Supreme Court is his first and only the 16th Article 26 reference in the history of the State. The Bill was enacted by the two Houses of the Oireachtas after much debate, domestic controversies and external pressure. It raises fundamental questions about how judges are appointed and the constitutional balance of power between the Government, the Oireachtas and the Courts. Whatever the Court decides, re Article 26 and the Judicial Appointments Commission Bill will be one of the most significant constitutional cases of recent decades.
The Trinity Centre for Constitutional Governance (TriCON) is convening this conference, on the eve of the hearing before the Supreme Court, to explore the issue of judicial appointments, the background to the Bill, and the constitutional issues that arise for determination. Among the topics to be covered are the Court’s approach to previous Article 26 references, the international GRECO reports that were critical of Ireland’s approach to judicial appointments, the relevance of diversity and merit to judicial selection, and constitutional arguments around the Government’s power to appoint judges.
The full programme of event can be accessed here
TRiCON is supported by the Erasmus+ Programme of the European Union through the Jean Monnet Centre of Excellence in Law and Politics, Trinity College Dublin.
TriCON Webinar - Wednesday, 10 May 2023
Treaty Ratification, Investor State Arbitration, and Constitutional Identity: Implications of Costello v Government of Ireland [2022] IESC 44
Overview
In Costello v Government of Ireland, the Supreme Court held that it would be unconstitutional to ratify the Comprehensive Economic and Trade Agreement between the EU and Canada (CETA) on the ground that it infringed Ireland’s juridical sovereignty. However, the Court also suggested that ratification would be constitutionally permissible if the Arbitration Act 2010 were amended to allow Irish courts refuse to enforce CETA awards that infringed constitutional identity. Costello has significant implications for the future of CETA and investor-state arbitration agreements more generally. Moreover, the Court’s invocation of ‘constitutional identity’ raises questions as to whether the Court might later seek to join the transnational dialogue with the CJEU on the scope of EU law. In this seminar, we will explore the reasoning and implications of Costello first from the perspective of Irish constitutional law and then from the perspective of international economic law and EU law.
Irish Beginnings: 2pm - 3pm
European and International Implicaitons: 3.15pm - 4.30pm
TRiCON is supported by the Erasmus+ Programme of the European Union through the Jean Monnet Centre of Excellence in Law and Politics, Trinity College Dublin.
TriCON Seminar - Constitutional Identity and Amendment, Wednesday, 15 March, 1pm - 2pm
Date & Time: Wednesday, 15 March, 1pm - 2pm
Location: Online
Some constitutional amendment powers explicitly preclude amendments that depart too greatly from the existing constitution. But is this just a contingent feature of certain constitutions? Or does it reflect a necessary truth about all constitutions? In this paper, I explore and ultimately reject Gary Jacobsohn's claim that the amendment of a constitution must be consistent with that constitution's identity. This has significant implications for constitutional identity, amendment, and how we approach comparative constitutional law.
- Speaker: Professor Oran Doyle
- Commentator Professor Rachael Walsh
- Chair: Professor Aileen Kavanagh
TRiCON is supported by the Erasmus+ Programme of the European Union through the Jean Monnet Centre of Excellence in Law and Politics, Trinity College Dublin.
TriCON Seminars December 2022 and January 2023
TriCON (The Trinity Centre for Constitutional Governance) is supported by Erasmus+ and the Jean Monnet Centre of Excellence in Law and Politics, Trinity College Dublin.
TriCON Constitutional Conversation - Constitutional Roundtable on Citizens’ Assemblies in Ireland.
December 6th 2022, 12.30-2pm, Room 11, House 39, Trinity College Dublin.
Speakers:
A Constitutional Conversation on Popular Constitutionalism
January 10th 2023, 5pm, Room 11, House 39, Trinity College Dublin.
Speakers:
As the global narrative surrounding constitutional democracy has been increasingly dominated in recent years by democratic decay and the idea that democracies have lost their way, it is important to discuss the range of counter-trends to this phenomenon, especially from the vantage point of states such as Ireland and Australia. In this constitutional conversation, Tom Daly and Aileen Kavanagh will discuss three key issues: criteria for establishing ‘democratic decay’; the relevance of deliberative bodies such as citizens' assemblies in contributing to popular constitutionalism; and the challenges of 'constitutional repair' in a range of states affected by democratic degradation, such as the US, UK, Poland, and Brazil.
All are welcome to these events. For queries please contact aileen kavanagh at tcd.ie
These seminars are supported by Erasmus+ Programme of the European Union through the Jean Monnet Centre of Excellence in Law and Politics, Trinity College Dublin.
TriCON Seminars October - Michaelmas Term 2022.
TriCON is supported by Erasmus+ and the Jean Monnet Centre of Excellence in Law and Politics, Trinity College Dublin.
October 25th 4.30-6pm, Room 11, Law School, TCD.
Professor Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School. Power to the People: Constitutionalism in an Age of Populism, by Mark Tushnet & Bojan Bugaric (OUP, 2021).
Self-described populist leaders around the world are dismantling their nation's constitutions. This has led to a widespread view that populism as such is inconsistent with constitutionalism. This book proposes that some forms of populism are inconsistent with constitutionalism, while others aren't. Context and detail matter.
October 26th, Lunchtime Seminar 1-2pm, Room 11, Law School, TCD.
‘Constitutionalism: For and Against’.
All are welcome to these events. For queries please contact aileen kavanagh at tcd.ie
These seminars are supported by Erasmus+ Programme of the European Union through the Jean Monnet Centre of Excellence in Law and Politics, Trinity College Dublin.
TriCON Talk - Thursday 6 October 2022, 6pm.
TriCON will host a talk this 6 October 2022 at 6pm in Room 11, House 39. The talk is entitled "Mr McCarthy’s License Act: Liquor and the complexities of Canada’s constitution" and will be given by Professor Dan Malleck, Brock University, Canada. An abstract of the talk is below my signature.
Dan Malleck is a professor in the Department of Health Sciences at Brock University and the director of Brock’s Centre for Canadian Studies. He a medical historian specializing in drug and alcohol policy. His books include Try to Control Yourself: The regulation of public drinking in post-prohibition Ontario (2012); When Good Drugs Go Bad: Opium, medicine, and the origins of Canada’s drug laws (2015); and Liquor in the Liberal State: Drink and order before prohibition (2022) as well as two essay collections co-edited with Cheryl Krasnick Warsh: Consuming Modernity (2015) and Pleasure and Panic (2022). He is also the editor of a four-volume primary source collection Drugs, Alcohol, and Addiction in the Long Nineteenth Century (2020) and was the editor-in-chief of The Social History of Alcohol and Drugs for over a decade.
North South Legal Mapping Project. NSLMap has prepared a synthesis report to be launched on 3 October 2022 with contributions and reflections by leading academics Prof Colin Harvey of Queen’s University Belfast and Prof Aileen McHarg of Durham University as well as the report-authors. Webinar registration enclosed.
All information relating to the report can be found here.
A recording of the report webinar launch is available here.
TriCON Book of the Month Webinar - Rosalind Dixon, Responsive Judicial Review: Democracy and Dysfunction in the Modern Age (OUP, 2022 forthcoming). Monday 20 June, 2022, 10:30am.
Chair: Oran Doyle
Commentators:
Professor Rosalind Dixon is Professor of Law at the University of New South Wales, Australia.
About:
Democratic dysfunction can arise in both 'at risk' and well-functioning constitutional systems. It can threaten a system's responsiveness to both minority rights claims and majoritarian constitutional understandings. Responsive Judicial Review aims to counter this dysfunction using examples from both the global north and global south, including leading constitutional courts in the US, UK, Canada, India, South Africa, and Colombia, as well as select aspects of the constitutional jurisprudence of courts in Australia, Fiji, Hong Kong, and Korea.
In this book, Dixon argues that courts should adopt a sufficiently 'dialogic' approach to countering relevant democratic blockages and look for ways to increase the actual and perceived legitimacy.
Event Registration can be completed here.
Trinity Centre for Constitutional Governance (TriCON) in association with The EURGOV Jean Monnet Centre for Excellence, Trinity College Dublin and the Trinity Long Room Hub. Saturday 9 April 2022, 9:30am - 5:00pm.
Saturday 9 April 2022, 9:30am - 5:00pm
Location: Trinity Long Room Hub, Trinity College Dublin.
Welcome and Introduction - 9:30am
- Professor Aileen Kavanagh, Director of TriCON, Trinity Centre for Constitutional Governance.
Panel 1: Situating Social Rights - 9.45am - 11:00am.
- Chair: Professor Gerry Whyte (TCD)
- Professor Aoife Nolan (University of Nottingham)
- Professor Colm O'Cinneide (UCL)
- Professor Conor O’Mahony (UCC)
COFFEE - 11:00am - 11:15am
Panel 2: Situating the Separation of Powers - 11:30am - 12:45pm.
- Chair: Hilary Hogan (EUI)
- Professor Laura Cahillane (University of Limerick)
- Professor Eoin Daly (NUI Galway)
- Professor Eoin Carolan (UCD)
- Aileen Kavanagh (TCD)
LUNCH - 12:45pm - 2:00pm
Panel 3: Housing and Distributive Justice - TD. 2:00pm - 3:15pm.
- Chair: Ailbhe O'Neill (TCD)
- Professor Rachael Walsh (TCD)
- Professor Padraic Kenna (NUI Galway)
- Dr Alan Brady (TCD)
- Dr James Rooney (TCD)
Panel 4: Reflecting on Rights and Institutional Roles - 3:30pm - 4.45pm.
- Chair: Professor Aileen Kavanagh (TCD)
- Professor David Kenny (TCD)
- Professor Shivaun Quinlivan (NUI Galway)
- Professor Tom Hickey (DCU)
Event Registration:
Registration for the event is free and can be completed through the registration link here.
TriCON is generously supported by the Jean Monnet Centre of Excellence.
The Brexit Challenge for Ireland and the United Kingdom: Constitutions Under Pressure. Webinar - 10 November 2021.
This webinar, hosted by the Trinity Centre for Constitutional Law and Governance and the British-Irish Chapter of the International Society of Public Law (ICON-S GBIE), marks the publication of The Brexit Challenge for Ireland and the United Kingdom: Constitutions Under Pressure (Cambridge University Press, 2021). Four very distinguished legal figures will offer their reflections on the implications of the Brexit process for the constitutions of the UK and Ireland, and for relations between them, followed by time for questions.
Speakers:
Chair: Aileen Kavanagh, Professor of Constitutional Governance, Trinity College Dublin.
Paul Gallagher SC, Attorney General of Ireland.
Dame Brenda King DBC, Attorney General for Northern Ireland.
Mick Antoniw, Counsel General for Wales and Minister for the Constitution, Welsh Government.
Sir John Jones QC, former Treasury Solicitor and head of the UK Government Legal Service.
Event Registration
The webinar will be hosted on Zoom, and registration for the event is required. Please complete registration below.
TriCON Book of the Month Webinar - Thursday 22 July 6pm IST.
Speakers:
- Mr. Justice Donal O'Donnell (Irish Supreme Court).
- Advocate General Gerard Hogan (European Court of Justice.)
In conversation with
- Professor Rachael Walsh (Assistant Professor, Trinity College Dublin).
Chair: Professor Aileen Kavanagh (Professor of Constitutional Governance and Director of TriCON, Trinity College Dublin).
In Property Rights and Social Justice, Rachael Walsh analyses 'progressive property' in action, examining how constitutional property rights mediate between private ownership and social justice. It does so through the prism of the Irish Constitution's property guarantees, which uniquely in the English-speaking, common law world both protect property rights and requires their regulation by the State to secure social justice. Walsh argues that primacy is often accorded to political determinations about the appropriate balance between property rights and social justice, meaning that the political impact of constitutionalisation needs to be disentangled from its strict legal effects.
In this webinar, Mr Justice Donal O’Donnell and Advocate General Gerard Hogan will engage in conversation with Professor Walsh about the interrelated themes of property rights, social justice and constitutional law, chaired by Professor Aileen Kavanagh. All welcome.
Registration for the webinar can be completed here
TriCON Book of the Month: Wednesday June 30th 1-2pm. Professor Richard Albert in Conversation with Professor Aileen Kavanagh (Professor of Constitutional Governance and Director of TriCON)
Richard Albert, Constitutional Amendments: Making, Breaking and Changing Constitutions (OUP 2019).
Richard Albert is the William Stamps Farish Professor in Law at the University of Texas at Austin. A former law clerk to the Chief Justice of Canada, he holds law andpolitical science degrees from Yale, Oxford and Harvard. He is a leading comparative constitutional law scholar and future President of ICON, the International Society of Public Law.
For zoom login details to the event please contact lawevent at tcd.ie
COVID, Crisis and the Constitution - Webinar June 16 2021, 1-2pm IST.
Covid, Crisis and the Constitution - Webinar June 16th 2021 1-2pm
Speakers:
- Professor Fiona de Londras
- Professor Oran Doyle
- Dr Joelle Grogan
- Professor Jeff King
in conversation with Professor Aileen Kavanagh.
This seminar is co-hosted by the British-Irish Chapter of ICON (the International Society for Constitutional Law) and TriCON (Trinity Centre for Constitutional Governance) and is generously supported by the Jean Monnet Centre of Excellence in Constitutional Governance in Europe at Trinity College Dublin.
Covid19 has had a profound effect on our lives, our health and our relationships. But what impact has it had on the constitutional framework and the norms which underpin that framework? Drawing on comparative examples from the UK, Ireland, Europe and far beyond, in conversation with leading experts in the field, this seminar asks: How are governments responding to Covid19 in a changing field? And how are constitutions framing and shaping those responses? More fundamentally, has the Covid crisis uncovered a deeper constitutional malaise?
Fiona de Londras is Professor of Global Legal Studies and Director of the COVID-19 Review Observatory (CVRO) at the University of Birmingham. The CVRO identifies, tracks, and assesses the quality of rights-based review of government responses to the COVID-19 pandemic in the four parliaments operating in the United Kingdom. It considers whether and if so how ‘COVID-19 review’ by parliaments demonstrates the qualities of being independent, framed by rights, evidence-based, participatory, and influential. The CVRO is funded by the Arts and Humanities Research Council, part of the UKRI.
Oran Doyle is Professor in law and Director of the COVID-19 Law and Human Rights Observatory at Trinity College Dublin. The Observatory analyses the Irish State’s legal response to COVID-19 – both measures to control the spread of the virus and measures to ameliorate the personal and financial hardships of lockdown – in order to inform public opinion and provoke public debate. As well as maintaining the only consolidation of the regulations adopted to respond to the pandemic, the Observatory has published over 80 blogposts and three policy reports on different aspects of Ireland’s response to COVID-19. More information on the COVID-19 Law and Human Rights Observatory can be found here.
Joelle Grogan is a Senior Lecturer in Law at Middlesex University London; Research Fellow at the CEU Democracy Institute, Budapest; and co-Director of The Good Lobby Profs. She was the convenor of the 2020 COVID-19 and States of Emergency and the 2021 Power and the COVID-19 Pandemic Symposia hosted by the Verfassungsblog, which analysed action taken in response to the COVID-19 pandemic in 65+ countries from the perspective of democracy, human rights, and the rule of law. She led Democracy Reporting International's 'Rule of law Stress Test', which surveyed EU countries' responses to the pandemic ([http://'Extraordinary or extralegal responses? COVID-19 and the rule of law in Europe']report and recommendations available here) and is the editor of the Routledge Handbook on Law and the COVID-19 Pandemic (forthcoming 2022). Her work on the impact of COVID-19 has been cited by the House of Lords and the EU Parliament, and cited by the media including CNN, The Times, EU Obsever, and The Financial Times.
Jeff King is a Professor of Law at UCL Laws and Legal Adviser to the House of Lords Constitution Committee. He is the Co-Principal Investigator of the Lex-Atlas: Covid-19 project and General Editor of the Oxford Compendium of National Legal Responses to Covid-19. The LAC19 project will eventually publish in-depth studies on the legal responses of 60 states to Covid-19. The Lex-Atlas UK Report by Jeff King is available here, and the Ireland Report by Eoin Carolan and Ailbhe O'Neill is available here.
Aileen Kavanagh is Professor of Constitutional Governance at Trinity College Dublin and the Director of TriCON (the Trinity Centre for Constitutional Governance).
This seminar is part of part of Constitutional Governance in Europe series, supported by the ERASMUS programme.
TriCON Irish-Italian Constitutional Conversations. Monday 21 June 2021.
TriCON is pleased to host the third Irish-Italian constitutional conversation, following earlier events in London (2018) and Siena (2019). Leading scholars will address the conception of the Republic in both Ireland and Italy. Prof Roberto Toniatti of Università di Trento and Dr Tom Hickey of Dublin City University will present papers. Dr Rachael Walsh of Trinity College Dublin and Prof Tommaso Edoardo Frosini of Università di Napoli Suor Orsola Benincasa will respond.
Speakers:
- Oran Doyle - Trinity College Dublin
- Tommaso Edoardo Frosini - Università degli Studi Suor Orsola Benincasa
- Tom Hickey - Dublin City University
- Aileen Kavanagh - Trinity College Dublin
- Roberto Toniatti - Università di Siena
- Rachael Walshe - Trinity College Dublin
Book launch and Discussion. 'Great Judgments of the European Court of Justice : Rethinking the Landmark Decisions of the Foundational Period' (Cambridge UP). Author: Professor William Phelan. Thursday 15 April 2021.
Please join us for a book launch and discussion of William Phelan’s book “Great Judgments of the European Court of Justice”. The book offers a new approach to understanding the ECJ’s famous decisions in the 1960s and 1970s – Van Gend en Loos, Costa, Van Duyn, and so on – through use of the comparative method and by drawing in detail on the writings and speeches of the influential French ECJ judge and President of the Court, Robert Lecourt. It highlights the importance of the ECJ’s 1964 Dairy Productsjudgment in understanding the logic and purpose of Van Gend en Loos and the doctrine of direct effect. The book will be enjoyed by students and scholars of EU law, and by anyone interested in understanding the role of the European Court of Justice.
Thursday 15 April 2021, 5pm Irish Time, via Zoom
Participating in the launch and discussion are:
- Gerard Hogan, Advocate General of the European Court of Justice
- Fernanda Nicola, Professor of Law, and historian of EU law, American University Washington College of Law
- William Phelan, Associate Professor and Jean Monnet Chair of EU Politics and Law, Trinity College Dublin
- Aileen Kavanagh (Panel Chair), Professor of Constitutional Governance, School of Law, Trinity College Dublin
We would kindly ask attendees to register through Eventbrite in advance of the event in order to receive login details for the launch. Once registered, you will then be sent the relevant Zoom login information closer to the time of the launch event.
After the presentation and discussion there will be an opportunity for questions and answers from attendees.
More information about the “Great Judgments of the European Court of Justice” can be found here.
What they are saying about “Great Judgments of the European Court of Justice”
Joseph Weiler’s “10 Good Reads” for 2020:
‘Give me a break’ was my thought when this book landed on my desk. Costa, Van Gend, Simmenthal et.al. ‘Been there, done that!!’ But if you are like me, you know the cases, you know what you are going to say about them when you teach them, and you parrot it out like an actor in the 127th performance of Death of a Salesman, deus ex machina, whilst thinking of last night’s delightful dinner. When have you last actually gone and reread them or, if you refresh yourself before class, when have you last ‘rethought’ them?
It is precisely that familiarity, coupled with Phelan’s clear and clarifying style of writing, which makes this a good read. I gulped it down on one grey Covid Sunday (blessedly it weighs in at a mere 240 pages) and found myself learning something new and/or thinking somewhat differently on each of these cases about which I had imagined I could not learn anything new. I also found myself disagreeing with several points along the way, but there is a pleasure in that too.
This book, alongside Maduro and Azoulai’s The Past and Future of EU Law: The Classics of EU Law Revisited on the 50th Anniversary of the Rome Treaty could serve as a very interesting basis for a graduate student seminar. See more here.
Xavier Groussot’s review in the Nordic Journal of European Law:
This book on the great judgments of the European Court of Justice is a great little book (around 250 pages). However, it is not a case-law book or a course book (though the main findings of the books should be integrated in our teaching of EU law). The book provides a focused argument on the development of EU law. It is a stimulating and easy read, which is catching the reader attention from the beginning to the end. It is certainly one of the best books that I have read in 2020 (and I have read many books during this special Covid19 year!). The book is highly recommended. The book takes the view that the great judgments can be better understood both by comparisons with alternative means of enforcing trade- related Treaty obligations and through the writing of influential Judge Robert Lecourt. This is the two key angles of the book and also its novelty. See more here.
School of Law Author Series 2020/21. Seminar 13 with Professor Jack Balkin.
School of Law Author Series 2020/2021 - Conversations with Donna Lyons together with Trinity Centre for Constitutional Governance (Tri.CON). Seminar 13 with Professor Jack Balkin.
Professor Jack Balkin (Yale Law School) will speak at Trinity College Dublin on 30 November, on his new book, ‘The Cycles of Constitutional Time’. The School of Law is delighted to be co-hosting this event with the Trinity Centre for Constitutional Governance (Tri.CON).
Date and time: 3 - 4pm (Dublin) / 10 - 11am (EST), Monday, 30 November 2020
Attendees can join the webinar directly via Zoom and the event will be simultaneously live-streamed on the Law School Facebook page. This event is free and open to all and there will be an opportunity for Q&A. The webinar can accommodate 100 attendees and participants will be admitted on a first come, first served basis. If the webinar fills to capacity, it will be possible to watch the Facebook Live Stream, and a recording will also be made available following the event. We look forward to seeing you there!
Jack M. Balkin is Knight Professor of Constitutional Law and the First Amendment at Yale Law School. He is the founder and director of Yale's Information Society Project, an interdisciplinary center that studies law and new information technologies. He also directs the Abrams Institute for Freedom of Expression, and the Knight Law and Media Program at Yale.
Professor Balkin received his Ph.D in philosophy from Cambridge University, and his A.B. and J.D. degrees from Harvard University. Professor Balkin is a member of the American Academy of Arts and Sciences and the author of over a hundred articles in different fields, including constitutional theory, Internet law, freedom of speech, reproductive rights, jurisprudence, and the theory of ideology. He has written widely on legal issues for such publications as the New York Times, the New England Journal of Medicine, the American Prospect, the Atlantic Online, Washington Monthly, the New Republic Online, and Slate. His books include Living Originalism; Constitutional Redemption: Political Faith in an Unjust World; The Constitution in 2020 (with Reva Siegel); Processes of Constitutional Decisionmaking (5th ed. with Brest, Levinson, Amar, and Siegel); Cultural Software: A Theory of Ideology; The Laws of Change: I Ching and the Philosophy of Life; What Brown v. Board of Education Should Have Said; and What Roe v. Wade Should Have Said.
About 'The Cycles of Constitutional Time’:
What will happen to American democracy? The nation's past holds vital clues for understanding where we are now and where we are headed. In The Cycles of Constitutional Time, the eminent constitutional theorist Jack Balkin explains how America's constitutional system changes through the interplay among three cycles: the rise and fall of dominant political parties, the waxing and waning of political polarization, and alternating episodes of constitutional decay and constitutional renewal. If America's politics seems especially fraught today, it is because we are nearing the end of the Republican Party's political dominance, at the height of a long cycle of political polarization, and suffering from an advanced case of what he calls "constitutional rot." In fact, when people talk about constitutional crisis, Balkin explains, they are usually describing constitutional rot―the historical process through which republics become less representative and less devoted to the common good. Brought on by increasing economic inequality and loss of trust, constitutional rot threatens our constitutional system.
But Balkin offers a message of hope: We have been through these cycles before, and we will get through them again. He describes what our politics will look like as polarization lessens and constitutional rot recedes. Balkin also explains how the cycles of constitutional time shape the work of the federal courts and theories about constitutional interpretation. He shows how the political parties have switched sides on judicial review not once but twice in the twentieth century, and what struggles over judicial review will look like in the coming decades. Drawing on literatures from history, law, and political science, this is a fascinating ride through American history with important lessons for the present and the future.
Professor Cass Sunstein, Harvard Law School In Conversation with Donna Lyons, Aileen Kavanagh and Conor Casey
Professor Cass Sunstein, Harvard Law School in Conversation with Donna Lyons, Aileen Kavanagh and Conor Casey on his new book, co-authored with Professor Adrian Vermeule entitled Law and Leviathan: Redeeming the Administrative State (HUP, 2020).
'Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict on these questions. This book sets out to answer them.'
It should be a fascinating discussion and all are welcome. Many thanks to Donna for organising this seminar, as part of her excellent ongoing seminar series in the Law School.
Date and time: 3pm - 4pm Irish Standard Time, Friday, 2 October 2020
This event will take place at 3pm Irish Standard Time (which is 10am EST). The event is free and open to all. It will be possible for attendees to join the webinar directly via the link on Zoom and the event will be simultaneously live-streamed on the Law School Facebook page. There will be an opportunity for attendees to ask questions of Professor Sunstein during the session.