TriCON - Trinity Centre for Constitutional Law & Governance
Trinity College Law School
About TriCON
The Trinity Centre for Constitutional Law and Governance (TriCON) is a leading centre for research, events, and public engagement on all aspects of constitutional law and governance. Scholars at TriCON cover a broad range of research interests, spanning the fields of constitutional law, comparative constitutional studies, administrative law, human rights, EU law, international law, democratic theory, legal philosophy, constitutional theory, and more. TriCON hosts a vibrant seminar series which provides a focal point for scholars, judges, and legal 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.
Professor Aileen Kavanagh is the Director of TriCON and holds the Chair of Constitutional Governance in the School of Law at Trinity College Dublin. Formerly a Professor of Constitutional Law at the University of Oxford, Professor Kavanagh researches, teaches, and writes in the fields of constitutional theory, comparative constitutional law, and human rights.
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
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
Oran Doyle
Professor Oran Doyle
Professor In, Law
Biography
Oran Doyle is professor of constitutional law at Trinity College Dublin. 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. He is currently writing a monograph on constitutional amendment, co-editing (with Mariana Velasco Rivera) the Edward Elgar Research Handbook on Comparative Constitutional Change, and co-editing (with Richard Albert) a collection on Constitutional Conventions in the Civil Law Tradition (OUP). Prof Doyle was the PI for NSLMap (2022), 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. 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 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. 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
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 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. In 2024 and 2025, he 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 teaches constitutional law, critical legal theory, private international law, and law & literature. He was a recipient of the Provost's Award for Excellence in Teaching in 2015.
Publications and Further Research Outputs
Peer-Reviewed Publications
Attorneys General in Common Law Jurisdictions: Advisory and Prosecutorial Functions in, editor(s)Dinesha Samararatne and Ishan Arachchi , Keeper of Conscience? Office of the Attorney General in Sri Lanka (FORTHCOMING), University of Columbo Press, 2026, pp9 - 27, [David Kenny and Conor Casey]
The exclusion of defamation and privacy from the Rome II Regulation on Choice of Law in Tort in, editor(s)Youseph Farah and Elisabetta Bergamini , Research Handbook on EU Private International Law, Second Ed (FORTHCOMING), Edward Elgar, 2026, [David Kenny and Daniel Gilligan]
The Gatekeepers: Executive Lawyers and the Executive Power in Comparative Constitutional Law (republication) in, editor(s)Dinesha Samararatne and Ishan Arachchi , Keeper of Conscience? Office of the Attorney General in Sri Lanka (FORTHCOMING), University of Columbo Press, 2026, [Conor Casey and David Kenny]
David Kenny, Pragmatism, Law, and Literature, Routledge (GlassHouse Books), 2025
David Kenny, How to lose a referendum (in Ireland) - challenges of practical and symbolic constitutional change, Comparative Constitutional Studies (forthcoming), 2025
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
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, 44, (2), 2024, p23 - 32
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
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
Deliberative Property: Managing Complexity in Property Systems in, editor(s)John Oberdiek, Paul Miller , Oxford Studies in Private Law Theory, Oxford, OUP, 2025, [Rachael Walsh]
Developing Resilient Property Systems: Legal Opportunities and Challenges in, editor(s)Magdalena Habdas , Rethinking Expropriation Law IV, Netherlands, Eleven, 2024, pp309 - 325, [Rachael Walsh]
Rachael Walsh, 'Looking Below the Surface of Constitutional Interpretation: An Afterword to the Foreword, Dublin University Law Journal, 2024, p33 - 40
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, Common Good Constitutionalism and the Individual " A Property Perspective, American Journal of Jurisprudence, 69, (1), 2024, p77 - 87
Rachael Walsh, Constitutional Property and Progressive Property's Compatibility: A Reappraisal, Texas A&M Journal of Property Law, 10, (1), 2024, p81 - 109
Oran Doyle and Rachael Walsh, Assessing the Influence and Legitimacy of Citizen Deliberation on Abortion: A Reply to Eoin Carolan and Seana Glennon, International Journal of Constitutional Law, 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]
Rachael Walsh, Specifying Interpersonal Responsibilities in Private Law, American Journal of Jurisprudence, 68, (2), 2023, p141 - 151
Rachael Walsh, Distributing the Costs of Change: Property Transitions and Pacts, International Journal of Law in Context, 18, (2), 2022, p233 - 236
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, 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 Stellenbosch - external examiner for 3 PhDs at the University of Stellenbosch
External examiner, PhD, University of Glasgow
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.
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, 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.
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
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. He is a Fellow of the Higher Education Academy. Mark is a member of: the Advisory Board of the Berkeley Center on Comparative Equality and Anti-Discrimination 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, the Board of Directors of the Irish Centre for European Law, 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 EU law. See further: https://www.researchgate.net/profile/Mark_Bell21
Publications and Further Research Outputs
Peer-Reviewed Publications
Mark Bell, Maintaining Mandatory Retirement: The Irish Supreme Court Judgment in Mallon, Irish Supreme Court Review, 7, 2025, p95 - 115
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, Definition of Key Concepts in EU Anti-Discrimination Law, Applying EU Anti-Discrimination Law, Dublin, King's Inns, 3 April, 2025, Academy of European Law
Mark Bell, Dignity Amid Digitalization: Catholic Social Teaching and the Future of Work, Law & Religion: In Times of Crisis, Challenges and Change, Fordham University London, 20 March, 2025
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, Religious Discrimination at the Workplace and the CJEU Case-Law Regarding Headscarves, Applying EU Anti-Discrimination Law, Malta, 15 November, edited by Academy of European Law (ERA) , 2024
Mark Bell, Maintaining Mandatory Retirement: Mallon v The Minister for Justice, Ireland, and the Attorney General, Irish Supreme Court Review, Trinity College Dublin, 19 October, 2024
Mark Bell, The Social Teaching of the Catholic Church and the Dignity of Work, International Society of Labour and Social Security Law World Congress, Rome, 19 September, 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
European University Institute Law Prize for doctoral thesis
Jean Monnet Fellowship, Robert Schuman Centre for Advanced Studies, European University Institute
Memberships
Employment Law Association of Ireland
Society of Legal Scholars
Discrimination Law Association
Irish Association of Law Teachers
Hilary Biehler
Professor Hilary Biehler
Professor of Public Law, Law
Biography
Hilary Biehler is a barrister and Professor of Public Law at the Law School Trinity College, Dublin. She obtained a B.A.(Mod.), M.Litt., Ph.D. and LL.D. in law from Trinity College Dublin and was called to the Irish Bar in 1988. She was a Commissioner with the Law Reform Commission from 1997-2005 and Editor of the Irish Law Reports Monthly from 1993-2008. She was Head of the Law School at Trinity College from 2003-2005, 2008-2010 and 2011-2014. She was Vice Dean of the Schools of Law and Education in 2005-2006, Pro-Dean of the Faculty of Social and Human Sciences in 2007 and Pro-Dean of the Faculty of Arts, Humanities and Social Sciences in 2010-2011. She has published widely in the areas of Equity and the Law of Trusts, Administrative law and Civil Procedure.
Publications and Further Research Outputs
Peer-Reviewed Publications
Biehler, H., Injunctions Sought in Circumstances Where Specific Contextual Factors Arise, Irish Law Times, 43, (3), 2025, p26 - 32
Biehler, H, Factors Relevant to the Grant of Interlocutory Injunctions, Irish Law Times, 43, (1), 2025, p3 - 8
Biehler, H. and Gavin, P., Equity and the Law of Trusts in Ireland, 8th, Dublin, Round Hall Thomson Reuters, 2025, 1 - 1218pp
Biehler, H., Categories of Cases Where a Departure from American Cyanamid/Campus Oil Principles is Justified, Irish Law Times, 43, (2), 2025, p15 - 21
Biehler, H, Dismissal of Proceedings on Grounds of Delay, Irish Law Times, 42, (1), 2024, p6 - 12
Biehler, H., McGrath D., Egan McGrath, E. , Beirne, A, Downey G., Delany & McGrath on Civil Procedure, 5th, Dublin, Round Hall Thomson Reuters, 2024, 1 - 1712pp
Section 29 of the Courts of Justice Act 1924 and the Certification Process: A Long Lasting Legacy in, editor(s)Howlin, N. , A Century of Courts, Dublin, Four Courts Press, 2024, pp249 - 257, [Biehler, H.]
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
Christiane Ahlborn
Biography
Christiane Ahlborn is Assistant Professor of Public International Law. Dr. Ahlborn is a general international lawyer with research interests and expertise in diverse areas of international law. Those areas include the law of international responsibility, the law of treaties, the law of international organizations, theories of international law, sustainable development law, international human rights law, international refugee law, and international law & technologies (cyberspace, AI, and nuclear). At Trinity's School of Law, she teaches modules and supervises students in Public International Law, the Law of International Organizations, and Refugee and Immigration Law. Dr. Ahlborn has published in leading peer-reviewed journals, including the European Journal of International Law, the Leiden Journal of International Law, and the International Organizations Law Review. She serves on the Editorial Board of the newly established Arab Yearbook of Public and Private International Law and was previously a Submissions Editor for the Harvard International Law Journal. She is a Co-Chair of the United Nations (UN) Law Committee of the American Branch of the International Law Association (ILA), a member of the ILA Committees on Business and Human Rights and Urbanization and International Law, a former member of the ILA Study Group on UN Sanctions, and former Co-Rapporteur of the ILA Study Group on Responsibility of International Organizations. She is also a member of the Coordinating Committee of the International Organizations Interest Group of the European Society of International Law (ESIL), the ESIL Diversity Advisory Body. At Trinity, she serves on the Steering Committee of the Trinity Centre for Post-Conflict Justice and the School of Law's Sustainability Working Group. Before joining Trinity, Dr. Ahlborn worked as a Legal Officer (Public International Law and Treaty Law) in the Office of Legal Affairs of the International Atomic Energy Agency (IAEA). She also served as Legal Officer in the Codification Division of the UN Office of Legal Affairs in New York, facilitating the work of the Sixth (Legal) Committee of the UN General Assembly and the International Law Commission (ILC). In addition, she had academic positions at the Vienna School of International Studies and the University of Amsterdam where she was a member of the 'Project on Shared Responsibility in International Law' (SHARES). She also has practice experience with Human Rights Watch, the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, and the UN High Commissioner for Refugees (UNHCR). She holds a Ph.D. in Law from the University of Amsterdam, an LL.M. from Harvard Law School, and an MIS in International Law from the Graduate Institute of International and Development Studies (IHEID).
Publications and Further Research Outputs
Peer-Reviewed Publications
From Functionalism to Constitutionalism: Translating Theories on IGO Powers into Practice in, editor(s)Gabrielle Marceau and Henner Goett , International Organizations Initiatives: How and Why International Organizations Adapt to Changes, Oxford University Press, 2025, pp41 - 56, [Christiane Ahlborn]
Christiane Ahlborn, Towards a theory on the international legal personality of corporations, Transnational Legal Theory, 16, 2025, p1-31
Christiane Ahlborn, Regulating Business and Human Rights through Soft and Hard Law: Lessons from International Nuclear Law, Vanderbilt Journal of Transnational Law, 57, (2), 2024, p411 - 467
Christiane Ahlborn, The Meaning of Codification and Progressive Development in the International Law Commission's Mandate - Time for a Review?, Max Planck Journal of United Nations Law, 27, 2024, p1 - 49
Reciprocity and International Organizations Law in, editor(s)Marcin Kaldunkski , Reciprocity in International Law, Palgrave Macmillan Cham, 2024, pp273-299 , [Christiane Ahlborn]
Christiane Ahlborn and Michael A Becker, Protecting Irish Constitutional Identity on the International Plane: Costello v Government of Ireland, Irish Supreme Court Review, 6, 2024, p81 - 112
Christiane Ahlborn, Syria's 'social media war' (since 2011), Cyber Law Toolkit, 2023
Christiane Ahlborn, Hate speech in Myanmar (since early 2010s), Cyber Law Toolkit, 2023
Christiane Ahlborn, Hate speech in India (since 2017), Cyber Law Toolkit, 2023
Christiane Ahlborn, Scenario 19: Hate speech, Cyber Law Toolkit, 2023
Arab Journal of Public & Private International Law, Brill, 2023
Christiane Ahlborn, The Concept of an International Organization in International Law. By LORENZO GASBARRI, British Yearbook of International Law, 2023, p1 - 4
Christiane Ahlborn, The Rule of Law and Good Governance at the United Nations during the COVID-19 Pandemic, International Organizations Law Review, 18, (3), 2021, p397--422
Andre Nollkaemper, Jean d'Aspremont, Christiane Ahlborn, Berenice Boutin, Nataša Nedeski, Ilias Plakokefalos, collaboration of Dov Jacobs, Guiding Principles on Shared Responsibility in International Law, European Journal of International Law, 31, (1), 2020, p15--72
Christiane Ahlborn, The Allocation of International Responsibility between International Organizations and Their Member States: A Case of Indirect Responsibility?, European Journal of International Law, 31, (2), 2020, p755--770
Kai P Purnhagen, Josephine Van Zeben, Christiane Ahlborn, Peter Oosterveer, Beyond Food Safety - EU Food Information Standards as a Facilitator of Political Consumerism and International Law Enforcement Mechanism, European Law Review, 2020
United Nations, Seventy Years of the International Law Commission - Drawing a Balance for the Future, Brill, 2020
Christiane Ahlborn, Frieden durch Recht - 70 Jahre Völkerrechtskommission, Vereinte Nationen, 66, (4), 2018, p173 - 178
Arab Organization for Industrialization and others v. Westland Helicopters Ltd, Swiss Federal Supreme Court (First Civil Court), 19 July 1988, 80 ILR 652 in, editor(s)Cedric Ryngaert, Ige Dekker, Ramses Wessel, and Jan Wouters , Case Law on International Organizations: Text and Commentary , Oxford, UK, Oxford University Press, 2016, pp277 - 285, [Christiane Ahlborn]
Westland Helicopters Ltd v. Arab Organization for Industrialization, United Arab Emirates, Kingdom of Saudi Arabia, State of Qatar, Arab Republic of Egypt and Arab British Helicopter Company, Arbitration, 5 March 1984, 80 ILR 600 in, editor(s)Cedric Ryngaert, Ige Dekker, Ramses Wessel, and Jan Wouters , Case Law on International Organizations: Text and Commentary, Oxford, UK, Oxford University Press, 2016, pp268 - 276, [Christiane Ahlborn]
Christiane Ahlborn, The EU and Foreign Investment - Exclusive Competence, Shared Responsibility?, KLRI Journal of Law and Legislation, 6, 2015, p5 - 51
Remedies against International Organizations " A Relational Account of International Responsibility in, editor(s)Dan Sarooshi , Remedies and Responsibility for the Actions of International Organizations. Hague Academy of International Law, 2014, Martinus Nijhoff, 2014, pp525 - 576, [Christiane Ahlborn]
Christiane Ahlborn, International Organizations - Disobeying the Security Council: Countermeasures Against Wrongful Sanctions by Antonios Tzanakopoulos. Oxford: Oxford University Press, 2011. xiii+243 pp. Hardcover: £70.00., Asian Journal of International Law, 3, (1), 2013, p196--198
Christiane Ahlborn, To Share or Not to Share? The Allocation of Responsibility between International Organizations and their Member States, Die Friedenswarte - Journal of International Peace and Organization, 88, 2013, p45 - 75
Christiane Ahlborn, Frédéric Dopagne, Les contre-mesures des organisations internationales, Louvain-la-Neuve: Anthemis Bibliothèque de l'Institut des hautes études internationales de Paris (collection dirigée par Jean Combacau et Joe Verhoeven), 2010, ISBN: 9782874552526, 488 pp., € 95,20., Leiden Journal of International Law, 26, (1), 2013, p223--229
Christiane Ahlborn, The Use of Analogies in Drafting the Articles on the Responsibility of International Organizations An Appraisal of the `Copy-Paste Approach', International Organizations Law Review, 9, (1), 2012, p53--66
Christiane Ahlborn, The Rules of International Organizations and the Law of International Responsibility, International Organizations Law Review, 8, (2), 2011, p397--482
Christiane Ahlborn, The Normative Erosion of International Refugee Protection through UN Security Council Practice, Leiden Journal of International Law, 24, (4), 2011, p1009--1027
Christiane Ahlborn, The Development of International Refugee Protection through the Practice of the UN Security Council, Graduate Institute Publications, 2010
Eine deutsche Wasser-Außenpolitik? Möglichkeiten und Grenzen eines ressortübergreifenden Beitrags zu den Millenniumentwicklungszielen in, editor(s)Alexander Brand and Arne Niemann , Interessen und Handlungsspielräume in der deutschen und europäischen Außenpolitik, Dresden, TUD Press, 2007, pp85 - 110, [Christiane Ahlborn, Alexandre Callegaro and Susanne Ozegowski]
Non-Peer-Reviewed Publications
Christiane Ahlborn, Protecting Gaza's Marine Environment in Armed Conflict: Shared or Exclusive International Responsibility?, EJIL:Talk!, 2025
Christiane Ahlborn, Challenges to Human Rights Protection in the Digital Age, Protection of human rights in the context of digitalisation, Trinity College Dublin, 27 February 2024, 2024, European Law Students Association
Christiane Ahlborn, Lifting the Corporate Veil: The Responsibility of International Organizations and their Member States, University of Vienna, 2024
Christiane Ahlborn, 'Scenario 19: Hate Speech', Faculti, 2024, -
Christiane Ahlborn, Establishing an International Organization to Regulate Artificial Intelligence, University of Vienna, 2024
Christiane Ahlborn, The Evolution of the Role of the International Law Commission, 34th Informal Meeting of Legal Advisers to the United Nations General Assembly Sixth Committee, New York City, 2024
Christiane Ahlborn, The Next 75 Years: Modern Threats, Conference on '75 years of Geneva Conventions - A Time to Reaffirm Commitments to the Rules of War', Dublin, 2024
Christiane Ahlborn, Immunity of Foreign Officials: the State of Play, London Conference on International Law, London, 2024
Christiane Ahlborn, Inter-State Reparations before International Courts and Tribunals (ICTs), Online, 2024, American Society of International Law International Courts and Tribunals Interest Group
Christiane Ahlborn, Towards a Theory on the International Legal Personality of Companies, Decoding the Rights of Companies in the Technocene, Lund University, 4-5 December 2023, 2023
Christiane Ahlborn, European and International Implications of Costello v. Ireland, Treaty Ratification, Investor State Arbitration, and Constitutional Identity: Implications of Costello v Government of Ireland [2022] IESC 44, 10 May 2023, 2023, Trinity Centre for Constitutional Governance (TriCON)
Christiane Ahlborn, Assessing the Legal Personality & Obligations of International Courts, International Law Weekend, New York, 21 October 2023, 2023, American Branch of the International Law Association (ABILA)
Christiane Ahlborn, Settlement of disputes to which international organisations are parties, Workshop at the University of Vienna, 16 November 2023, 2023
Christiane Ahlborn, From Contractualism to Constitutionalism: Translating Theories on IGO Powers into Practice, Symposium on the Evolution of IGOs: Initiatives and Enhanced Responsibilities, Geneva, 28-29 July, 2022, University of Geneva
Christiane Ahlborn, International Organizations in the Digital Age, International Law Weekend, New York, 29 October, 2021, American Branch of the International Law Association (ABILA)
Christiane Ahlborn, Three Models of International Law-Making by Expertise, Workshop on 'International Organizations' Action in Times of COVID-19: Law-making by expertise and soft law', Stockholm, 8 September, 2021, European Society of International Law (ESIL) Interest Group on International Organizations
Christiane Ahlborn, Digital Sovereignty: On How to Use a Double-edged Sword to Shape Norms in Cyberspace, 2020 Conference on Cyber Norms: `Moving Forward: Fragmentation, Polarization and Hybridity in Cyberspace, The Hague, 10-20 November, 2020
Christiane Ahlborn and Bart Smit Duijzentkunst, Part I: 70 Years of the International Law Commission: Drawing a Balance for the Future, EJIL:Talk!, 2018
Christiane Ahlborn and Bart Smit Duijzentkunst, Part II: 70 Years of the International Law Commission: Drawing a Balance for the Future, Opinio Juris, 2018
Christiane Ahlborn, Responsibility of International Organizations: Essays in Memory of Sir Ian Brownlie by MAURIZIO RAGAZZI [Martinus Nijhoff Publishers, Leiden, 2013, 470pp, ISBN: 978-90-04-25607-1, £129.21 (h/bk)], International and Comparative Law Quarterly, 65, (4), 2016, p973--975
Christiane Ahlborn, The Relationship between UN Sanctions and Autonomous Sanctions, International Law Weekend, New York , 7 November, 2015, American Branch of the International Law Association (ILA)
Christiane Ahlborn, International Law Meets International Relations: Diverging Perspectives on International Organizations?, Interdisciplinary Seminar (IDS) Lecture, Vienna, 21 October, 2014, Vienna School of International Studies
Christiane Ahlborn, To Share or Not to Share? The Allocation of Responsibility between International Organizations and their Member States, New Directions in International Responsibility: Seminar on the Responsibility of International Organizations, Bergen, 17 October, 2013, University of Bergen
Christiane Ahlborn, Adjudicating Somali Piracy Cases - German Courts in a Double Bind, Cambridge International Law Journal Blog, 2013
Christiane Ahlborn and Daniel Bradlow, Final Report of the Study Group on the Responsibility of International Organizations, Geneva, International Law Association, 2012
Christiane Ahlborn, Joint Responsibility in International Law: Revisiting the Oil Platforms Case - A Comment on Bruno Simma's SHARES Lecture, SHARES Blog, 2012
Christiane Ahlborn, UNESCO Approves Palestinian Membership Bid: A Case for US Countermeasures?, EJIL:Talk!, 2011
Christiane Ahlborn and James Headen Pfitzer, Transparency and Public Participation in WTO Dispute Settlement, Bergen, Center for International Environmental Law, 2009
Recognition
Representations
Member of the American Society of International Law
Memberships
American Society of International Law
European Society of International Law
International Commission of Jurists (ICJ), German Section
Deutsche Vereinigung für Internationales Recht (DVIR)/German Branch of the International Law Association
American Branch of the International Law Association (ABILA)
Institute of International and European Affairs (IIEA)
Mike Becker
Biography
Michael A Becker is Assistant Professor of International Human Rights Law. With a broad background in public international law and human rights, Mike's research interests include international courts and tribunals, fact-finding bodies and commissions of inquiry, the law of the sea, and the relationship between international law and global politics (including the role of human rights in foreign policy). At Trinity, Mike delivers modules in Public International Law and International Human Rights Law. He also serves as Dissertation Director of the LLM programme. Mike's scholarship has appeared in leading international law journals, including the European Journal of International Law, the American Journal of International Law, the Journal of International Dispute Settlement, and the Harvard International Law Journal. He also serves as a correspondent for the Irish Yearbook of International Law. As a law student, Mike served as Editor-in-Chief of the Yale Journal of International Law. Mike holds a law degree from Yale Law School and a B.A. in Political Science and French from Amherst College. He is completing his PhD dissertation at the University of Cambridge as a WM Tapp scholar at Gonville and Caius College. Prior to entering academia, Mike served as an Associate Legal Officer at the International Court of Justice in The Hague from 2010 to 2014. He was previously in private practice at the law firms Allen & Overy LLP in London and Patterson, Belknap, Webb & Tyler LLP in New York City. He has also been a judicial law clerk to the Hon. Sidney H. Stein (S.D.N.Y) in U.S. Federal Court. Mike is a qualified New York attorney and remains admitted to practice.
Publications and Further Research Outputs
Peer-Reviewed Publications
Michael A. Becker, Art. IX Reservations to the Genocide Convention Are Here To Stay: A Response to Diamond, Opinio Juris, 2025
Michael A Becker, Recent Developments in Reliance Upon Third-Party Fact-Finding at the International Court of Justice, Leiden Journal of International Law, 38, 2025, p1-24
Michael A. Becker, Introductory Note to Legal Consequences Arising From the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem (Advisory Opinion) (I.C.J.), International Legal Materials, 2025
Michael A Becker, Crisis in Gaza: South Africa v Israel at the International Court of Justice (or the Unbearable Lightness of Provisional Measures), Melbourne Journal of International Law, 25, (2), 2025, p1-59
Michael A Becker and Cecily Rose, The Return of Not-Quite "Phantom Experts"? The ICJ Meets with IPCC Scientists, Verfassungsblog, 2024
Christiane Ahlborn and Michael A Becker, Protecting Irish Constitutional Identity on the International Plane: Costello v Government of Ireland, Irish Supreme Court Review, 6, 2024, p81 - 112
Michael A Becker, Pay No Attention to That Man Behind the Curtain: The Role of Civil Society and Other Actors in Decisions to Litigate at the International Court of Justice, Max Planck Yearbook of United Nations Law, 26, (1), 2023, p90 - 107
Michael A Becker, Ireland and International Law 2020, Irish Yearbook of International Law, 15, 2023, p113 - 141
Michael A Becker, Developments in the International Adjudication of Human Rights Disputes, 6th Global Legal Forum: Global Legal Trends and Future Challenges on Human Rights, Seoul, South Korea (and online), 17 November 2023, 2023, Legal Research Institute of Korea Unversity
Michael A Becker, Review of Jurisprudence of the PCIJ and of the ICJ on Interim Measures of Protection, by Ewa Salkiewicz-Munnerlyn , Heidelberg Journal of International Law, 82, 2022, p513-521
Michael A Becker, Challenging Some Baseline Assumptions About the Evolution of International Commissions of Inquiry, Vanderbilt Journal of Transnational Law, 55, (3), 2022, p559 - 629
Michael A Becker, The Plight of the Rohingya: Genocide Allegations and Provisional Measures in The Gambia v Myanmar at the International Court of Justice, Melbourne Journal of International Law, 21, (2), 2020, p428 - 449
Michael A Becker and Sarah MH Nouwen, International Commissions of Inquiry: What Difference Do They Make? Taking an Empirical Approach, European Journal of International Law, 30, (3), 2019, p819 - 841
Michael A Becker, Review of Commissions of Inquiry: Problems and Prospects, by Christian Henderson, ed , European Journal of International Law, 28, (4), 2017, p1418-1422
Michael A Becker and Cecily Rose, Investigating the Value of Site Visits in Inter-State Arbitration and Adjudication, Journal of International Dispute Settlement, 8, (2), 2017, p219 - 249
Michael A Becker, Review of Lawfare: Law as a Weapon of War, by Orde F Kittrie , British Yearbook of International Law, 86, (1), 2017, p199-203
Michael A Becker, The Dispute That Wasn't There: Judgments in the Nuclear Disarmament Cases at the International Court of Justice, Cambridge International Law Journal, 6, (1), 2017, p4 - 26
Tadic v Prosecutor, International Criminal Tribunal for the former Yugoslavia (1995) in, editor(s)Eirik Bjorge & Cameron Miles , Landmark Cases in Public International Law, London, Bloomsbury Publishing, 2017, pp377 - 407, [Michael A Becker and Sarah MH Nouwen]
Michael A Becker, Request for an Advisory Opinion Submitted by the Sub-Regional Fisheries Commission (SRFC), American Journal of International Law, 109, (4), 2015, p851 - 858
Michael A Becker, International Maritime Security Law by James Kraska and Raul Pedrozo, and The Interception of Vessels on the High Seas: Contemporary Challenges to the Legal Order of the Oceans by Efthymios Papastavridis, Review of International Maritime Security Law, by James Kraska & Raul Pedrozo , Irish Yearbook of International Law, 7, 2014, p297-303
Michael A Becker, Sustainable Fisheries and the Obligations of Flag and Coastal States: The Request by the Sub-Regional Fisheries Commission for an ITLOS Advisory Opinion, ASIL Insights, 17, (19), 2013
Michael A Becker, Russia and the Arctic: Opportunities for Engagement Within the Existing Legal Framework, American University International Law Review, 25, 2010, p225 - 250
Michael A Becker & Ernesto J Sanchez, International Law of the Sea, International Lawyer, 44, 2010, p519 - 533
Michael A Becker, International Law of the Sea, International Lawyer, 43, 2009, p915 - 928
Michael A Becker & Margaret L. Tomlinson, International Law of the Sea, International Lawyer, 42, 2008, p797 - 809
Michael A Becker, International Law of the Sea, International Lawyer, 41, 2007, p671 - 682
Michael A Becker, The Shifting Public Order of the Oceans: Freedom of Navigation and the Interdiction of Ships at Sea, Harvard International Law Journal, 46, 2005, p131 - 230
Michael A Becker, Managing Diversity in the European Union: Inclusive Citizenship and Third-Country Nationals, Yale Human Rights & Development Law Journal, 7, 2004, p132 - 183
Michael A Becker, Review of The Guilt of Nations: Restitution and Negotiating Historical Injustices, by Elazar Barkan , Yale Journal of International Law, 27, (2), 2002, p470-473
Non-Peer-Reviewed Publications
Michael A Becker, Ireland and International Law 2021-22, Irish Yearbook of International Law, 16, 2025, p1-28
Michael A Becker, 'Judges Behaving Badly? Plagiarism and Ethics at International Courts', Called to the Bar: International Law Over Drinks, 2025, -
Michael A Becker, Desperate Times, Desperate (Provisional) Measures Rafah and South Africa"s Latest Action at the ICJ, Verfassungsblog, 2024
Michael A Becker, 'ESIL Roundtable: Taking Stock: A Roundtable Discussion on the Public Hearing in the ICJ Climate Change Advisory Proceedings', European Society of International Law, 2024, -
Michael A Becker, 'Episode 23: Unhappy New Year! Genocide in the Courtroom', EJIL: The Podcast!, 2024, -
Michael A Becker, 'Justice Update: All you need to know about ICJ Advisory Opinions', Asymmetrical haircuts: your international justice podcast, 2024, -
Michael A Becker, Trends in International Human Rights Adjudication, Global Legal Trends and Future Challenges on Human Rights, Seoul, South Korea, 17 November 2023, 2023, Legal Research Institute of Korea University
MA Becker, 'Justice Update Palestine and Israel at the ICJ', Asymmetrical Haircuts : the international justice podcast, 13 January 2023, 2023, -
Michael A Becker, The International Court of Justice and Accountability for Mass Violations of Human Rights, International Justice Program (Human Rights Watch), 16 June 2023, 2023, Human Rights Watch
Michael A Becker, Moderator, Developments in Interstate Dispute Settlement at the Regional Human Rights Courts, Developments in Interstate Dispute Settlement at the Regional Human Rights Courts, Online, 13 December 2023, 2023, European Society of International Law
MIchael A Becker, Advisory Opinions and the UNCLOS Regime, Law of the Sea for the Next Generation, Seoul, South Korea, 17 November, 2022, Korean Society of International Law
Michael A Becker, Episode 14: From Russia With War, EJIL: The Podcast!, 6 March, 2022, EJIL
Michael A Becker, International Law and the Ukraine-Russia Conflict, Ukraine-Russia Conflict, ESSEC Business School, 1 March, 2022, ESSEC Business School
Michael A Becker, International Law and the Plight of the Rohingyas: Insights from International Dispute Settlement (webinar), 10 February, 2021, American Society of International Law
Michael A Becker, The Gambia v Facebook: Obtaining Evidence for Use at the International Court of Justice, EJIL:Talk!, 2021
Michael A Becker, Kingsley Abbott, and Bruno Gelinas-Faucher, Why So Secret? The Case for Public Access to Myanmar's Reports on Implementation of the ICJ's Provisional Measures Order, Opinio Juris, 2020
Michael A Becker, From Inside the Peace Palace: The Working Practices of the International Court of Justice, Exploring the Ecosystem of International Law, Jindal Global University, 14 October, 2020, Jindal Global University
Michael A Becker, Do We Need an International Commission of Inquiry for COVID-19?, EJIL:Talk!, 2020
Michael A Becker, International Commissions of Inquiry: What Difference Do They Make?, EJIL: Live!, Cambridge, UK, 15 December, 2019, European Journal of International Law
Michael A Becker, The Challenges for the ICJ in the Reliance on UN Fact-Finding Reports in the Case Against Myanmar, EJIL:Talk!, 2019
Michael A Becker, Commissions of Inquiry: What Difference Do They Make? (workshop), 5-6 January 2017, 2019, Pembroke College, University of Cambridge, European Journal of International Law
Michael A Becker, The Possibility of a Case Against Myanmar at the International Court of Justice, Conference on the Situation of the Rohingyas, National Assembly, Paris, France, 1 June, 2018
Michael A Becker, The Situation of the Rohingya: Is There a Role for the International Court of Justice?, EJIL:Talk!, 2018
Michael A Becker, The Role of UN Commissions of Inquiry, Human Rights, Transitional Justice, and Environmental Protection Summer School, The Hague, 12 July, 2018, Leiden University
Michael A Becker, Are International Commissions of Inquiry Still a Form of International Dispute Settlement?, Are International Commissions of Inquiry Still a Form of International Dispute Settlement?, Leiden, Netherlands, 3 November, 2017, Grotius Centre, Leiden University
Michael A Becker, International Commissions of Inquiry and the Uses of International Law: A Project Overview, Doctoral Scholarship Conference, Yale Law School, 10 November 2017, 2017, Leiden University
Michael A Becker, 'Pay No Attention To That Man Behind the Curtain': NGOs and the Decision to Pursue Dispute Settlement at the ICJ, International Law Association (British Branch) Spring Conference, Lancaster, UK, 9 April, 2016, International Law Association (British Branch)
Michael A Becker, The EU-Japan Free Trade Agreement: An Opportunity to Influence Japanese Whaling Policies?, The EU-Japan Free Trade Agreement: An Opportunity to Influence Japanese Whaling Policies?, Brussels, 28 June, 2016, European Parliament
Michael A Becker, Japan's New Optional Clause Declaration at the ICJ: A Pre-Emptive Strike?, EJIL:Talk!, 2015
Michael A Becker, The Law of the Sea and Russia"s Claims in the Arctic Circle, Symposium on Russia and the Rule of Law, American University, Washington College of Law, 11 February, 2009
Michael A Becker, Questions from the Bench: Dialogue between Judges and Counsel at the International Court of Justice, Sixth Scottish Conference on International Law: The ICJ at 80, Glasgow, Scotland, 8-9 September 2025
Research Expertise
Recognition
Awards and Honours
WM Tapp PhD Studentship (Gonville and Caius College, University of Cambridge)
Ambrose Gherini Prize (Yale Law School)
Edward D Robbins Prize (Yale Law School)
Memberships
Member, European Society of International Law
Member, American Society of International Law
Alan Eustace
Biography
I hold degrees from Trinity College Dublin and the University of Oxford, and was a Fellow of Magdalen College, Oxford until 2024. My PhD research on employment law and human rights was funded by the Irish Research Council, and I have conducted policy research projects funded by the Irish Human Rights and Equality Commission (IHREC) and FÓRSA trade union. My research has been published in the Modern Law Review, the Industrial Law Journal and the European Labour Law Journal, and has been cited in the Oireachtas.
Publications and Further Research Outputs
Peer-Reviewed Publications
Alan Eustace and Philip Gavin, Taking a LEEF out of Company Law's Book: Lessons from Ireland for an Employer Duty of 'Good Faith' in Collective Bargaining, Dublin University Law Journal, 45, (1), 2025, p25-
Alan Eustace, Bring your whole self into work, keep your whole self out, European Labour Law Journal, 16, (1), 2025
Alan Eustace, With Enemies Like These, Who Needs Friends? HA O'Neil v Unite the Union, Irish Supreme Court Review, 7, 2025, p37-
Alan Eustace, Still Bubbling Away: Ireland Fails to Resolve Coca-Cola Trade Union Recognition Dispute under oecd Guidelines, International Labor Rights Case Law, 11, (1), 2025, p40 - 45, p40-45
Alan Eustace, Dancing at the crossroads: Lessons from Ireland on collective labour law reform, Industrial Relations Journal, 2024
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]
Alan Eustace, The European Union's Forced Labour Regulation: Putting the `Brussels Effect' to work for international labour standards, European Labour Law Journal, 15, (1), 2023, p144-
Alan Eustace, All Work and No Fair Play? The Right to Fair Procedures in Employment Disciplinary Proceedings, Dublin University Law Journal, 43, (2), 2023
Christopher McMahon and Alan Eustace, Nothing to Lose but Their Restraints of Trade: Lessons for Employment Non-Compete Clauses from EU Competition Law, Industrial Law Journal, 2022
Alan Eustace, The Electrical Contractors Case: Irish Supreme Court Illuminates Collective Bargaining and Delegated Legislation, Modern Law Review, 85, (4), 2022, p1029-
Alan Eustace, A shock to the system: sectoral bargaining under threat in Ireland, European Labour Law Journal, 12, (2), 2021, p211-
Non-Peer-Reviewed Publications
Alan Eustace, Jaundiced and Jaundiced about Judicial Bias: Kelly v UCD, Irish Supreme Court Review, Trinity College Dublin, 18 Oct 2025, 2025
David Cabrelli and Alan Eustace, Restrict Non-Competes for Productivity and Prosperity, UK Day One, August, 2024
Alan Eustace and Philip Gavin, Taking a LEEF out of Company Law's Book: Lessons for an Employer Duty of 'Good Faith' in Collective Bargaining, Society of Legal Scholars, Bristol, UK, Sept 2024, 2024
Research Expertise
Description
Labour / employment law Industrial relations Human rights law and theory Constitutional law and theoryRecognition
Representations
Subject convenor for employment / labour law
Awards and Honours
Julian Prize, Trinity College Dublin
Foundation Scholarship, Trinity College Dublin
Henry Hamilton Hunter Memorial Prize
Gold Medal, Trinity College Dublin
Law Faculty Prize, University of Oxford
Francis E Moran PhD Scholarship, Trinity College Dublin
Government of Ireland Postgraduate Scholarship, Irish Research Council
Young Scholar award, ISLSSL
DPhil (Oxon) by incorporation
Memberships
Society of Legal Scholars
Employment Law Association of Ireland
Irish Association for Industrial Relations
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
Citizenship and Racial Discrimination: Nationality Exceptions in International and EU Equality Law in, editor(s)Jesse, M.,Kostakopoulou D., and Morano-Foadi, S , ELGAR CONCISE ENCYCLOPEDIA OF LAW AND CITIZENSHIP, 2025, [Fennelly, D. and Murphy, C.]
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., Claims for Non-Material Damage - Data Protection, PL&B Ireland Conference, Dublin, 6 February 2025, 2025
Fennelly, D., The significance of the European Convention on Human Rights in the Irish legal order: Thirty Years On, Irish Journal for European Law, 26, 2024, p145 - 161
Fennelly, D., Compensation for Breach of Data Protection Law: Recent Developments, Irish Centre for European Law - Data Protection and Privacy Conference, Royal Irish Academy, 18 June 2024, 2024
Fennelly, D. and Synnott, E., Statutory Interpretation: Recent Lessons from the Supreme Court, Office of the Attorney General, 11 July 2024, 2024
Fennelly, D., The ECHR and the Charter in the Practice of EU Law, Council of Europe HELP, Law Society of Ireland,, 2024
David Fennelly and Liz Heffernan, EU Criminal Law: The Evolving Role of the Court of Justice, Irish Association of Law Teachers Annual Conference 2023, DCU, Dublin, 10-11 November 2023, 2023
Fennelly, D., Non-Discrimination under Article 14 ECHR, Human Rights in Practice - 20th Anniversary of the ECHR Act 2003, Irish Centre for European Law, 1 December 2023, 2023
Fennelly, D., Racial discrimination and nationality/migration exceptions: the case of the Race Equality Directive, Current Reflections on EU Anti-Discrimination Law - Academy of European Law, UCD, 23 June 2023, 2023
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)
Co-Editor, Dublin University Law Journal
Editorial Board, Irish Journal of European Law
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
Roisin Costello
Biography
Róisín is an Assistant Professor of EU and International Law and a practicing barrister. Róisín is a graduate of the LLB and PhD programmes at TCD, The Honorable Society of Kings Inns, the Institut d'études politiques de Paris and Georgetown Law. Prior to joining TCD Róisín was an Assistant Professor at Maynooth University (2019-2020) and at Dublin City University (2020-2023). Róisín is currently the Deputy Director of the Trinity Centre for Constitutional Law and Governance, and is Director and principal investigator for "DEMCONEX" The Jean Monnet Centre for Excellence in Freedom of Expression and Democratic Resilience in Europe's Digital Age which will run from 2025-2028. She is the author of `Privacy Law in Ireland (Bloomsbury, 2023), `Law in Irish Literature' (Edinburgh University Press, 2026) and is the co-author of the forthcoming 'The Data Protection Acts and the GDPR: A Commentary' (Bloomsbury, 2026). Róisín has also co-edited the volumes 'Critical Reflections on the EU's Data Protection Regime' (Hart, 2024) and 'Data Protection After Brexit: Reflections from the UK and Ireland' (Hart, 2023). Róisín researches and works on EU law (with a particular focus on privacy and data protection law and EU constitutionalism), minority language rights, and law and the humanities. Her research has been cited by the House of Lords Public Services Committee report "Interpreting and language services in the courts" and by the Irish Supreme Court in Hyland v Commission of An Garda Síochána [2025] IESC 43. Róisín's research has been funded by Erasmus+, The Irish Research Council, The Economic and Social Research Council (ESRC), and The Arts and Humanities Research Council. She has also received smaller grants from the SLSA and SLS. Róisín welcomes expressions of interest from prospective PhD students and post-doctoral researchers whose research is focused on: (i) privacy and/or data protection law (ii) EU constitutionalism (iii) Political Economy approaches to EU law (iv) the intersection of fundamental / human rights and digital technologies (v) language rights / law and language (vi) the intersections of law and humanities with a particular focus on: law and history / law and literature / law and culture PhD or postdoctoral students interested in working with Dr Costello should (in general) have a jurisdictional focus on: Europe (including EU Member States), Ireland, or common law jurisdictions or should be working on comparative research drawing in whole or in part on these jurisdictions.
Publications and Further Research Outputs
Peer-Reviewed Publications
Roisin A Costello, Ireland (mostly) at The Bar, Dublin University Law Journal, 2026
Róisín Á Costello, Unreasonable and Impracticable: Interrogating the scope of the State"s duty to facilitate legal proceedings in the Irish language, Just. Journal of Language Rights & Minorities, 2026
Róisín Á Costello and Liz Heffernan, Subsequent Legal Developments and Admissibility of Evidence: DPP v Smyth [2024] IESC 22, Irish Supreme Court Review, 2025
Róisín Á Costello, Anglophone Presumptions in the Courtrooms of Wales and the Republic of Ireland: Some Initial Thoughts on Achieving Language-neutral Courtrooms, Revista de Llengua i Dret, 2025
Róisín Á Costello, Law in Irish Literature: Critical Approaches to Institutions, Power and Identity, Edinburgh, Edinburgh University Press, 2024
Róisín Á Costello, The Test in Kelly v Hennessy and Article 82(1) GDPR, Irish Judicial Studies Journal, 8, (2), 2024, p22-
Róisín Á Costello, The Identity and Language (Northern Ireland) Act 2022 and compliance with the European Charter of Regional and Minority Languages, Northern Ireland Legal Quarterly, 2024
Non-Material Damages under Article 82 GDPR in, editor(s)Róisín Á Costello and Mark Leiser , Critical Reflections on the EU"s Data Protection Regime, Oxford, Hart, 2024, [Róisín Á Costello]
Brian Merriman in, editor(s)Eric Falci , The Cambridge History of Irish Poetry, Cambridge, Cambridge University Press, 2024, [Róisín Áine Costello]
Irish Language Rights and the Courts of Justice Act 1924 in, editor(s)Niamh Howlin , The Courts of Justice Act 1924, Dublin, Four Courts Press, 2024, [Róisín Á Costello and Judge Úna Ní Raifeartaigh]
Róisín Á Costello, McGee v Attorney General: The Beginning (and the End?) of Patriarchal Privacy in Irish Law, Dublin University Law Journal, 2024
Róisín Á Costello, A Computer"s Body and Its Soul: Search and Seizure of Digital Devices Following DPP v Quirke, The Irish Jurist, 2024
Róisín Áine Costello, EU Accession to the ECHR: Data Protection in the Caselaw of the ECtHR and its Impacts for the Charter of Fundamental Rights, EU Accession to the ECHR, University of Liverpool, 2023, 2023
Irish Language Rights under the 1922 Constitution: Symbolism and Substance in, editor(s)Laura Cahillane and Dónal Coffey , The 1922 Constitution, Dublin, Palgrave Macmillan, 2023, [Róisín Aine Costello]
Constructing a Non-Popular Populism: Freedom of Expression and Democratic Discourse Online in, editor(s)Thiago M. Moyano and Laura P. Z. Izarra , Transatlantic Crises of Democracy: Cultural Approaches, Sao Paulo, University of São Paulo Press, 2023, pp230 - 254, [Róisín Áine Costello]
Róisín Áine Costello, Mixed Data and Data Protection Following Recent CJEU Decisions, Annual Data Protection Conference, Irish Centre for European Law , 2023, 2023
The Brussels Effect: Regulatory Standard-Setting and Constitutional Conflicts in Post-Brexit Privacy Law in, editor(s)Róisín Á Costello, Edoardo Celeste, Edina Harbinja, Napoleon Xanthoulis , Data Protection After Brexit: Reflections from the UK and Ireland, London, Hart, 2023, [Róisín Áine Costello]
Róisín Aine Costello, Privacy Law in Ireland, 1, Dublin, Bloomsbury, 2023
Róisín Áine Costello, Complicity and the Colonial Force of Law in the Courtroom of Katie Kitamura"s Intimacies, Law & Literature, 36, (1), 2023, p87 - 114, p87-114
Róisín Áine Costello, Faux Ami? Interrogating the Normative Coherence of `Digital Constitutionalism, Global Constitutionalism, 12, (2), 2023, p326 - 349
Róisín Áine Costello, Law and Literature: The Irish Case, Review of Law and Literature: The Irish Case, by Adam Hanna and Eugene McNulty , Estudios Irlandeses, (18), 2023, p250-308
Róisín Áine Costello, Citizenship, Identity and Veiling, Journal of Law and Religion, 38, (1), 2023, p81 - 107
Róisín Á Costello, Subjectivity, Complicity and the Colonial Force of Law in the Courtroom of Katie Kitamura"s Intimacies, Law and Literature, 2023
Róisín Áine Costello, Data Protection and Audio-Visual Recording of Police Interviews under the Law Enforcement Directive, Data Protection Concerns for Law Enforcement, Irish Council for Civil Liberties, 2022, 2022
Róisín Áine Costello, Symbolism and Substance: Irish Language Rights in the 1922 Constitution, The Centenary of the 1922 Constitution, Dublin, 2022, 2022
Róisín Áine Costello, Adam Hanna and Eugene McNulty, Lost in Translation: Courtroom Interpretation and the Right to a Fair Trial in DPP v HM and BO [2021] IECA 315, The Irish Jurist, 68, (1), 2022, p130 - 139
Róisín Áine Costello, Adam Hanna, Genetic Data and The Right to Privacy: Towards a Relational Theory of Privacy?, Human Rights Law Review , 22, (a), 2022, p1-
Róisín Áine Costello, Adam Hanna, To be British, Irish, or both: Understanding Language Rights as a Tool for Reconciliation in Northern Ireland, Irish Studies in International Affairs , 33, (2), 2022, p1 - 22
Róisín Áine Costello, What"s Left in the Sieve: The Law as History Maker in the Modern State, Law and Humanities Workshop, University of Southampton, United Kingdom, 2022, 2022
Róisín Áine Costello, The CJEU Decision in GD v Ireland: Consequences for National and EU Law, Annual Data Protection Conference, Irish Centre for European Law , 2022, 2022
Róisín Áine Costello, Poetry, Politics and the Law in Modern Ireland", Review of Poetry, Politics and the Law in Modern Ireland", by Adam Hanna , Irish Studies Review, 30, (4), 2022, p130 - 139, p511-513
Róisín Áine Costello, The Expanding Scope of Privacy in European Law: Relational, Social, Contextual, Common Market Law Review Annual Conference,, Dublin, 2022, 2022
Róisín Áine Costello, Adam Hanna, The ECtHR Decision in Volodina: Intimate Images, Domestic Violence and the Positive Obligations of Member States under Article 8 ECHR, European Data Protection Law Review , 4, (7), 2021, p614 - 617
Róisín Áine Costello, Adam Hanna, Laws Governing Data Retention in Graham Dwyer v Commissioner of An Garda Síochána, Irish Journal of European Law, 23, (1), 2021, p119 - 132
Róisín Áine Costello, Political Economy in European Law and Policy, Society of Legal Scholars, , Durham, United Kingdom, 2021, 2021
Róisín Áine Costello, Smart borders, vulnerable subjects: migrant experiences in liminal spaces, Out of Bounds: Borders in Crisis , Centre for Literary and Cultural Translation, Trinity College Dublin, 2021, 2021
Róisín Áine Costello, Adam Hanna, The Barbarian and the Cart: Citizenship, Law and Language in Macaronic Verse, Law & Humanities, 15, (2), 2021, p219 - 230
Róisín Áine Costello, Adam Hanna, The Impacts of AdTech on Privacy Rights and the Rule of Law, Technology Regulation , 2, (1), 2020, p11 - 29
Róisín Áine Costello, Adam Hanna, Conflicts Between Intellectual Property and Consumer Property Rights in the Digital Market, European Journal of Law and Technology , 11, (1), 2020, p1 - 24
Róisín Áine Costello, Adam Hanna, Courtroom Dialogues and Feminist Legal Theory in Irish literature, Irish Studies Review , 28, (3), 2020, p370 - 384
Róisín Áine Costello, Law, Policy and the Internet, by Lilian Edwards, International Journal of Law and Information Technology, 27, (2), 2019, p204 - 207, p204-207
Róisín Áine Costello, Remedies for Breach of Privacy, Review of Remedies for Breach of Privacy, by Jason Varuhas , SCRIPTed, 16, (1), 2019, p134 - 142, p78-63
Róisín Áine Costello, Law, Policy and the Internet, Review of Law, Policy and the Internet, by Lilian Edwards , International Journal of Law and Information Technology , 27, (2), 2019, p134 - 142, p204-208
Roisin Aine Costello, Citizen Datafication as a Condition of Access to Public Services: the Poverty of Privacy Rights in the EU, Data & Disorder Conference, Oxford Internet Institute & LSE Alan Turing Institute , 2019, 2019
Róisín Áine Costello, The Right to be Forgotten in Cases Involving Criminal Convictions: NT1 & NT2 v Google and the Information Commissioner, European Human Rights Law Review , 3, 2018, p268-
Róisín Áine Costello, The Need for a Constitutional Prohibition on Unreasonable Search and Seizure in a Digital Age," Building a 21st Century Bill of Rights, WG Hart Legal Workshop, IALS, London, 2018, 2018
Róisín Á Costello, International criminal law and the role of non-state actors in preserving open source evidence, Cambridge International Law Journal , 7, (2), 2018
Róisín Á Costello, Reviving Rylands: How the Doctrine could be Used to Claim Compensation for Environmental Damage Caused by Fracking, Review of European Community and International Environmental Law , 23, (1), 2014
Non-Peer-Reviewed Publications
Róisín Á Costello, Critical Reflections on the EU's Data Protection Regime, Oxford, Hart, 2024
Róisín Áine Costello, The Decision in Quirke v DPP: Dividing A Computer's Body and its Soul, UCD Public Law Conference, University College Dublin, 2023, 2023
Róisín Áine Costello, Mionteangacha agus léirmhíniú reachtúil i R on the application of Driver v Rhondda Cynon Taf County Borough Council [2020] EWCA Civ 1759, Cumann Barra na Gaeilge: Ceardlann Forbairt Gairmiúil, An Leabharlann Dlí, 25 September 2023, 2023
Róisín Áine Costello, Reflections and Recommendations on the Identity and Language (Northern Ireland) Bill 2022 / Machnaimh agus Moltaí ar an mBille Féiniúlachta agus Teanga (Tuaisceart Éireann) 2022, 2022, 2023
Róisín Áine Costello, Brittle Constitutionalism in the European Legal Order: Re-embedding the Social and Economic Aspects of the European Union"s Constitutional Identity, 1, Bologna, Italy, 2022
Róisín Áine Costello, World Bank Report on Women, Business and the Law, Irish Centre for European Law, 2022
Róisín Áine Costello, Language Use and Language Learning in Northern Ireland: Building Linguistic Capacity for Reconciliation / Úsáid Teanga agus Foghlaim Teanga I dTuaisceart Éireann: Cumas Teanga a Fhorbairt don Athmhuintearas , 2022, 2022
Róisín Áine Costello, The Official Languages Act: More than Performative Allegiance in Public Spaces?, The Legal Status of Irish, Trinity College Centre for Constitutional Law & Governance, Dublin, 2021, 2021
Maria Grazia Porcedda, with David Fennelly and Róisín A Costello, Data Protection and the COVID-19 Pandemic, https://www.tcd.ie/law/2020.21, Ireland, Covid-19 Law and Human Rights Observatory, Trinity College Dublin, 2021
Róisín Áine Costello, World Bank Report on Women, Business and the Law, Irish Centre for European Law, 2021
Róisín Áine Costello, World Bank Report on Women, Business and the Law, Irish Centre for European Law, 2020
Róisín Á Costello, To what extent can cyber evidence repositories, and digital and open-source evidence, facilitate the work of the OTP, and the ICC more generally?, International Criminal Court Forum/UCLA, 2019, 2019
Róisín Áine Costello, World Bank Report on Women, Business and the Law, Irish Centre for European Law, 2019
Róisín Áine Costello, World Bank Report on Women, Business and the Law, Irish Centre for European Law, 2018
Róisín Á Costello, A Dyadic Future: The Rule of Law in the European Union, UACES Annual Conference, University of Bath, 2018, 2018
Róisín Á Costello, Fade to Black: the declining influence of the common law and its implications for the rule of law in Europe, ICON-S Great Britain and Ireland, Trinity College Dublin, 2017, 2017
Róisín Áine Costello, World Bank Report Women, Business and the Law , Irish Centre for European Law, 2017
Róisín Áine Costello , World Bank Report on Women, Business and the Law , Irish Centre for European Law, The World Bank, 2016
Research Expertise
Description
Róisín is an EU lawyer and researches and works on EU law with a particular focus on privacy and data protection law and EU constitutionalism, including the intersectional of constitutionalism and digital technologies. Róisín's research in EU law has been funded by the IRC and ESRC. The second strand of Róisín's research focuses on minority language rights, with a particular focus on regional and minority languages, and language rights more generally in Ireland and the European Union. Róisín's research has afforded particular attention to the rights of minority language speakers in courtroom settings, and the role of courtroom interpretation in the right to a fair hearing. Róisín has received funding from the SLS, SLSA, The Arts and Humanities Research Council,and the Irish Research Council & The Department of Foreign Affairs for research projects related to her research in minority language rights. Róisín is also interested in the intersection of law and the humanities - in particular the portrayal of law and lawyers in literature and what this can tell us about the impacts of law on identity, language and expression.Projects
- Title
- DEMCONEX Jean Monnet Centre for Excellence
- Summary
- The DEMCONEX Jean Monnet Centre for Excellence for Freedom of Expression and Democratic Resilience in Europe"s Digital Age will examine how freedom of expression and its regulation supports the ability of citizens to participate in political processes and contribute to Europe"s democratic project and will provide a wider umbrella for promoting EU Studies at TCD. The JMCE has 3 complementary, integrated strands - Research: The JMCE will facilitate interdisciplinary research including the production of: a monograph examining the development of freedom of expression and its association with political participation; articles and book chapters on topics such as participatory democracy, de-platforming, regulation of social media platforms, and EU law in national constitutional courts; and conference papers and participation. Teaching: The JMCE will lead an ambitious expansion of teaching and the promotion of excellence in EU studies teaching. It will deliver two new modules on freedom of expression and democratic participation, integrate materials on freedom of expression, constitutionalism and democratic theory into existing modules and deliver seminars to students in universities outside the EU. Events: The JMCE will host events including an annual Public Lecture series, two interdisciplinary seminar series and a multi-day international conference. Connecting theory and practice, the events will reach students and key stakeholders including government and civil society. The JMCE represents a consolidation and an ambitious expansion in events, teaching and research on EU Studies at TCD, and will lay the groundwork for future ERASMUS+ activities. It will also provide support to capitalise on the `competitive advantage" that Dublin now enjoys as a centre for EU studies as a result of its position as the capital city of the only English-speaking Member State, and the jurisdiction where many digital undertakings central to this research are located and regulated.
- Funding Agency
- Erasmus+
- Title
- Court Interpretation in Wales and the Republic of Ireland
- Funding Agency
- Arts and Humanities Research Council
- Date From
- 2023
- Date To
- 2025
- Title
- Court Interpretation in Wales and the Republic of Ireland
- Funding Agency
- SLSA
- Title
- Supporting Irish Language Use on a Cross-Community Basis"
- Funding Agency
- Irish Research Council & The Department of Foreign Affairs
- Date From
- 2021
- Date To
- 2022
- Title
- Building a Cross-border Data Protection Network
- Funding Agency
- Economic & Social Research Council/Irish Research Council
- Date From
- 2020
- Date To
- 2022
- Title
- The Legal Future of the Irish Language
- Funding Agency
- Society of Legal Scholars
- Date From
- 2020
- Date To
- 2021
- Title
- Fundamental Rights and the Rule of Law in a Digital Future
- Funding Agency
- Irish Research Council
- Date From
- 2018
- Date To
- 2020
- Title
- International Student Scholarship
- Funding Agency
- Georgetown Law
- Date From
- 2014
- Date To
- 2015
Recognition
Awards and Honours
Fellow of International Economic Law (Georgetown Law)
International Student Scholarship (Georgetown Law)
Memberships
Incorporated Council of Law Reporting of Ireland
Director and Board Member of the Irish Centre for European Law
Board Member of the Irish Supreme Court Review
Ordinary Member Society of Legal Scholars
Ordinary Member Socio-Legal Studies Association
Ordinary Member Council of European Studies
Andrea Mulligan
Biography
I am an Associate 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
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
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, 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
Corporate Climate Change Litigation in the Energy Sector: Issues, Trends and Developments in, editor(s)Martha Roggenkamp and Catherine Banet , European Energy Law Report XV, Belgium, Larcier-Intersentia, 2025, pp39 - 65, [Suryapratim Roy and Matteo Fermeglia]
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
Maria-Grazia Porcedda
Biography
Dr Maria Grazia Porcedda is Assistant Professor of IT Law. Her research addresses the relationship between law and technology and in particular matters of privacy, data protection, cyber security and cybercrime. Maria Grazia regularly presents her work at international academic and multi-stakeholder conferences and has published contributions in leading European law and technology venues. Her monograph, 'Cybersecurity, Privacy and Data Protection in EU Law' is due to appear with Hart Publishing in 2022. Maria Grazia's scholarship is policy-oriented, collaborative and interdisciplinary. She is the PI in the project 'Appraising the prevention and deterrence of cybercrime in Ireland through the law' (Provost PhD Projects Award) and of a number of other awards (TRISS Research Fellowship and AHSS Beneficiary Fund). She is also member of the PROTECT ITN Marie Skłodowska-Curie ITN network and an academic collaborator of ADAPT. In 2018 Maria Grazia advised the EU Directorate General for Development and Cooperation as a Member of the Task Force on Cyber Capacity Building, coordinated by the European Union Institute for Security Studies, with which she has cooperated on matters of cyber security. She is an external member of Ethical Advisory Boards, including to the School of Linguistics, Speech and Communication Sciences and the H2020 TRESSPASS project. Before joining the School of Law at Trinity College Dublin, Maria Grazia was a Research Fellow in the Centre for Criminal Justice Studies at the University of Leeds. Previously Maria Grazia was a Research Associate within the Robert Schuman Centre for Advanced Studies and the Department of Law at the European University Institute in Florence, as well as the Centre de Recherche Information, Droit et Société of the University of Namur. She trained on privacy and security matters at the Organization for Economic Cooperation and Development (OECD, Paris) and the European Data Protection Supervisor (EDPS, Brussels). Maria Grazia holds a PhD in Law from the European University Institute with a thesis titled "Cybersecurity and Privacy Rights in EU Law. Moving beyond the Trade-off Model to Appraise the Role of Technology". She holds an LL.M. in Comparative, European and International Laws (European University Institute), an M.A. in International Relations (University of Bologna with honours from Collegio Superiore), and a B.A. in Political Science (University of Cagliari). Her early work was awarded prizes by the Lyncean Academy (Accademia Nazionale dei Lincei, Premio Ruffini) and the Italian Information Security Association (CLUSIT). During her studies she also earned grants to visit at various institutions, including Johns Hopkins SAIS, École Normale Supérieure de Lyon and University of California at Berkeley.
Publications and Further Research Outputs
Peer-Reviewed Publications
Maria Grazia Porcedda, Maria Grazia Porcedda, The GDPR as a cyber risk management system: the ECJ cautiously tackles data breaches in the NAP case, 2024, - https://europeanlawblog.eu/202
Lina Jasmontaite-Zaniewicz, Data breach notification duties: Enhancing the protection of personal data under the General Data Protection Regulation, Vrije Universiteit Brussel, 2023
Maria Grazia Porcedda, New Parliaments and Technology: can the EU lead the way, 105th Society of Legal Scholars conference, University of Oxford Brookes, 28 June 2023, 2023
Maria Grazia Porcedda, Cybersecurity, Privacy and Data Protection in EU Law, Hart Publishing, 2023, i - 344pp
Maria Grazia Porcedda, The Ransomware Attack Against the Irish Health Service Executive: What Role for the Law in the Face of Growing Cyber Insecurity?, Irish Jurist, 70, 2023, p322 - 344
Maria Grazia Porcedda, Sentencing data-driven cybercrime. How data crime with cascading effects is tackled by UK courts, Computer Law & Security Review, 48, 2023
Maria Grazia Porcedda, Theoretical and operational approaches to the essence within the EU regulatory architecture, European Data Protection Supervisor The essence of the fundamental rights to privacy and data protection, European Parliament, 8 November 2023, 2023, European Data Protection Supervisor
Maria Grazia Porcedda, The Ransomware Attack Against the Irish Health Service Executive: What Role For the Law in The Face Of Growing Cyber Insecurity?, IALT Annual Conference, Dublin City University, 18 November 2023, 2023
Maria Grazia Porcedda, The effacement of information technology from EU law: the need for collaborative approaches to redesign the EU"s regulatory architecture, 18th IFIP doctoral summer School, University of Oslo, 10 August 2023, 2023, University of Oslo
Maria Grazia Porcedda, Cybersecurity, privacy and data protection in EU law. A law, policy and technology analysis, 105th Society of Legal Scholars conference, University of Oxford Brookes, 2023
Deirde Ahern, Victor Rodríguez Doncel, Dave Lewis, Harshvardhan J. Pandit, Andrés Chomczyk Penedo, Maria Grazia Porcedda, Governing Artificial Intelligence: Designing Legal and Regulatory Responses. International Symposium, 23 May 2023, In:Book presentation, 2023, Brussels
Information Polity, 27, 2, (2022), 119-308p, Johann Cas, Paul de Hert, Maria Grazia Porcedda, Charles Raab, [Editors to special issue Questioning Modern Surveillance Technologies. Open access: https://content.iospress.com/journals/information-polity/27/2?start=10], 2020-2022
Maria Grazia Porcedda, On the compatibility of pandemic data-driven measures with data protection: a review of Ireland's 'under the radar' Covid-19 measures, Northern Ireland Legal Quarterly, 73, (2), 2022
Cas J., De Hert P., Porcedda M.G. and Raab C., Introduction to the Special Issue: Questioning Modern Surveillance Technologies: Ethical and Legal Challenges of Emerging Information and Communication Technologies, Information Polity, 27, (2), 2022, p10.3233/IP-229006
Maria Grazia Porcedda, Data Protection Implications of Data Driven Measures Adopted in Ireland at the Outset of the Covid-19 Pandemic, European Data Protection Law , (2/2021), 2021, p260 - 269
Maria Grazia Porcedda, David S. Wall, Modelling the cybercrime cascade effect of data crime, 2021 IEEE European Symposium on Security and Privacy Workshops (EuroS&PW), 3rd Workshop on Attackers and Cyber-Crime Operations , Vienna, Virtual Conference, September 7, 2021, IEEE, 2021, pp1 - 17
Imformation Polity, Online, Sage/IoS Press, [Guest editor to special issue 'Questioning Modern Surveillance Technologies', alongside Johann Cas, Paul de Hert and Charles Raab], 2020-2024
Porcedda, Maria Grazia and David S. Wall, Cascade and Chain Effects in Big Data Cybercrime: Lessons from the TalkTalk hack, 2019 IEEE European Symposium on Security and Privacy Workshops (EuroS&PW), IEEE European Symposium on Security & Privacy (S&PW), First Workshop on Attackers and Cyber-Crime Operations , Stockholm, 20 June 2019, IEEE, 2019, pp10.1109/EuroSPW.2019.00056
Maria Grazia Porcedda, `Privacy by Design' in EU Law. Matching Privacy Protection Goals with the Essence of the Rights to Private Life and Data Protection, Lecture Notes in Computer Science, 6th Annual Privacy Forum (APF 2018), Barcelona, 13-14 June 2018, Manel Medina, Andreas Mitrakas, Prof. Dr. Kai Rannenberg, Erich Schweighofer and Nikolaos Tsouroulas , 11079, Springer, 2018, pp183 - 204
Maria Grazia Porcedda, Patching the patchwork: appraising the EU regulatory framework on cyber security breaches, Computer Law & Security Review, 34, (5), 2018, p1077--1098
Data science, data crime and the law in, editor(s)Vanessa Mak, Eric Tjong Tjin Tai and Anna Berlee , Research Handbook in Data Science and Law, Edward Elgar, 2018, pp214 - 244, [Maria Grazia Porcedda and David S. Wall]
Patryk Pawlak, Dr. Andrea Calderaro, Alejandro Pinto, Maria Grazia Porcedda, Cristina Schulman, Thorsten Wetzling, International Cooperation and Development Operational Guidance for the EU's international cooperation on cyber capacity building, Luxembourg, 2018
On Boundaries - Finding the Essence of the Right to the Protection of Personal Data in, editor(s)Ronald Leenes, Rosamunde van Brakel, Serge Gutwirth, Paul De Hert , Data Protection and Privacy. The Internet of Bodies, Hart Publishing, 2018, pp277 - 312, [Maria Grazia Porcedda]
Regulation of data breaches in the European Union: Private companies in the driver's seat of cybersecurity? in, editor(s)Oldrich Bures and Helena Carrapico , Security Privatization: How Non-Security-Related Private Businesses Shape Security Governance, 2017, pp275 - 299, [Maria Grazia Porcedda]
Elisa Orrù Maria Grazia Porcedda Sebastian Weydner-Volkmann, Rethinking Surveillance and Control. Beyond the 'Security vs. Privacy' Debate, Nomos Verlag, 2017, 1 - 240pp
The Recrudescence of `Security v. Privacy' after the 2015 Terrorist Attacks, and the Value of `Privacy Rights' in the European Union in, editor(s)Elisa Orrù, Maria Grazia Porcedda and Sebastian Weydner-Volkmann , Rethinking Surveillance and Control. Beyond the 'Security vs. Privacy' Debate, Nomos Verlagsgesellschaft mbH & Co. KG, 2017, pp137-180 , [Maria Grazia Porcedda]
The manifold significance of citizens' legal recommendations on privacy, security and surveillance in, editor(s)Michael Friedewald, J. Peter Burgess, Johann Čas, Rocco Bellanova, Walter Peissl , Surveillance, Privacy and Security Citizens' Perspectives, Routledge, 2017, pp191 - 211, [Maria Grazia Porcedda]
Maria Grazia Porcedda, Cybersecurity and privacy rights in EU law. Moving beyond the trade-off model to appraise the role of technology, European University Institute, 2017
Maria Grazia Porcedda, Rule of Law and Human Rights in Cyberspace, in P. Pawlak (ed), Riding the Digital Wave, Issue, Issue, 21, Paris, European Union Institute for Security Studies, December, 2014
Maria Grazia Porcedda, Lessons from PRISM and Tempora: the self-contradictory nature of the fight against cyberspace crimes. Deep packet inspection as a case study, Neue Kriminalpolitik, 25, (4), 2013, p305-409
Law enforcement in the clouds: Is the EU data protection legal framework up to the task? in, editor(s)Serge Gutwirth, Ronald Leenes, Paul de Hert, Yves Poullet , European Data Protection: In Good Health?, 2012, pp203 - 232, [Maria Grazia Porcedda]
Maria Grazia Porcedda, Data Protection and the Prevention of Cybercrime: a Dual Role for Security Policy in the EU, European University Institute, 2012
Maria Grazia Porcedda, Transatlantic Approaches to Cybersecurity and Cybercrime, in P. Pawlak (ed), The EU-US Security and Justice Agenda in Action, Chaillot Papers, Paris, European Union Institute for Security Studies, 2011
Maria Grazia Porcedda, Data Protection and the Prevention of Cybercrime. The EU as an Area of Security?, 2011
Non-Peer-Reviewed Publications
Maria Grazia Porcedda, Cybersecurity e Policy, Cybersecurity e realizzazione del mercato unico digitale, University of Bergamo, Italy, 23 February 2024, 2024, Prof. Peraro
Maria Grazia Porcedda, From Research Assistant to Assistant Professor, Visuaal Career Day, TCD Business School, Tangent, 16 February 2024, 2024, Dr John Dinsmore
Maria Grazia Porcedda, Invited discussant, Executive Masters in Cybersecurity, University of Maastricht, Brussels Campus, 25 May 2023, 2023
Maria Grazia Porcedda, New Parliaments and Technology: can the EU lead the way, TRISS Bitesize Talk, Dublin, TRISS, 2023
Maria Grazia Porcedda, Book launch: Cybersecurity, Privacy and Data Protection in EU Law. A Law, Policy and Technology Analysis by Dr. Maria Grazia Porcedda (TCD), 2023, -
Maria Grazia Porcedda, European Parliaments, data protection and technology, DPSN International Data Protection Day Event 2023, online, 27 January 2023, 2023
Maria Grazia Porcedda, The bad, the ugly and the accidental data breaches: (how) can we prevent them?, Hackathon 'How to prevent government data breaches and cyber-attacks from a cybersecurity and digital policing perspective?", University of Huddersfield, 13-14 February 2023, 2023, Dr Ashley Cartwright | Dr Andrea Varsori | Lindsey Brooks Dr Camilo Tamayo Gomez
Maria Grazia Porcedda, Cybersecurity, Privay and Data Protection in EU Law Book Launch, 19 April 2023, In:Book presentation, 2023, Trinity College Dublin, Senior Common Room
Maria Grazia Porcedda, Cybersecurity, Privacy and Data Protection in EU Law, TILT research meeting, Tilburg, 10 may 2023, 2023
Maria Grazia Porcedda, Reconciling Cybercrime Responses with Privacy and Data Protection in the EU Area of Freedom, Security and Justice, Faculty of Law Legal Worskshops, University of Valéncia, 31 March 2023, 2023, Prof Eliseu Frigols I Brines, Prof. Carmen Azcárraga Monzonís, Prof. Paula del Val Talens, Prof. Carlos Pedrosa López, Prof. Karla Zambrano González
Maria Grazia Porcedda, Cybersecurity, Privacy and Data Protection in EU Law, Book presentation, The Hague, University of Leiden, 16 May 2023, 2023
Maria Grazia Porcedda, Chair of panel 2, Irish Centre for European Law's Privacy and Data Protection Law 2023 conference, Dublin, 15 June 2023, 2023
Maria Grazia Porcedda, Between the Lines: Maria Grazia Porcedda, 2023, - https://www.tcd.ie/research/re
Maria Grazia Porcedda, The fight against cybercrime in Ireland State of the art, Western Australia State Government DGov Cyber Series,, online, 7 September 2022, 2022, WA State Government
Maria Gazia Porcedda, with Artur Pericles Lima Monteiro and Liza Zivkovic, chaired by Thomas Norton, Data privacy and the pandemic, Fordham International Law Journal Symposium, New York, online, 18 February 2022, 2022, Elyssa Diamond, Fordham International Law Journal Symposium, 'Defining the New Normal'
Maria Grazia porcedda, Cybercrime Frenzy: Cloudy Data and the cascade Effect , Cybercrimeology podcast, https://www.cybercrimeology.com/episodes/cybercrime-frenzy-cloudy-data-and-the-cascade-effect, 2022, Michael Joyce
Maria Grazia Porcedda, Cascade and Chain Effects in Big Data Cybercrime: Lessons from the TalkTalk hack, Cybersecurity and Digital Policing Hackathon, University of Huddersfield, Online, 10 February 2022, 2022, Dr Camilo Tamayo-Gomez and Dr Andrea Vasori
Maria Grazia Porcedda, LIBE Committee mission to Dublin, European Parliament Representation in Dublin, 22 September 2022, 2022, European Parliament Representation in Dublin
Maria Grazia Porcedda, Data compromise: data breaches, data crime and the law, Lecture, University of Pisa, online, 13 May, 2021, MSc Organizational Sciences and Information Technology Law
Maria Grazia Porcedda, Best Practice in Data Protection in Research and Beyond, Data Protection Concerns in Cross Border Research and Practice, Online, 23 June 2021, 2021, Dublin City University
Maria Grazia Porcedda, Sentencing data-driven cybercrimes. An examination of English & Welsh sentencing remarks through the lenses of the cybercrime cascade effect, BILETA 2021, University of Newcastle, online, 14-16 April 2021, 2021
Maria Grazia Porcedda, Black Swans? Covid-19, Cybercrime and Large Scale Cyber-attacks in Ireland, Association for Criminal Justice Research and Development, 24th Annual Conference , Online, 8 October , 2021, Association for Criminal Justice Research and Development
Maria Grazia Porcedda, with David Fennelly and Róisín A Costello, Data Protection and the COVID-19 Pandemic, https://www.tcd.ie/law/2020.21, Ireland, Covid-19 Law and Human Rights Observatory, Trinity College Dublin, 2021
Maria Grazia Porcedda, Sentencing data-driven cybercrime. How UK courts tackle cybercrime with cascading effects, Octopus 2021, Council of Europe (online), 16-18 November 2021, 2021
Maria Grazia Porcedda, Sentencing data-driven cybercrime. How UK courts tackle cybercrime with cascading effects, Financial Crime: Challenges and Responses conference, Institute of Advanced Legal Studies (online), 14-15 October 2021, 2021
Maria Grazia Porcedda, Under the radar: lessons from ordinary data processing in easing pandemic lockdown. Available at: https://tcdlaw.blogspot.com/2020/07/under-radar-lessons-from-ordinary-data.html , 2020, -
Maria Grazia Porcedda, Businesses need to be careful with personal data during pandemic. The Irish Times, 20 July 2020. Available at: https://www.irishtimes.com/opinion/businesses-need-to-be-careful-with-personal-data-during-pandemic-1.4308278, 2020, -
Maria Grazia Porcedda, Beyond Contact-Tracing Apps: Data Protection Implications of Data-Driven Measures Adopted in Ireland to Contain Covid-19, COVID-19 and Legal Responses on the Island of Ireland, Online, 11 December 2020, 2020
Maria Grazia Porcedda, My experience as a researcher in IT Law specialising in cybersecurity and data protection, European Researchers Night 2020, Online, 27 November 2020, 2020
Maria Grazia Porcedda, 'Under the radar': the dangers of ordinary data processing in easing pandemic lockdown. Available at: https://www.youtube.com/watch?v=HaejkT6_SSE, Data Protection and the Covid-19 pandemic, Online, 30 June, 2020, Irish Centre for European Law
Maria Grazia Porcedda, Privacy, data protection and selfhood, Self in the Digital World seminar, Long Room Hub, 25 February, 2020
Maria Grazia Porcedda, Prosecuting Cybercrime: Courts, Data Crime and the Cascade Effect, 2nd Conference on the Human Factor in Cybercrime, Leiden, 16-18 October 2019, edited by Vrije Universiteit Amsterdam , 2019
Maria Grazia Porcedda, The regulation of security incidents and the making of cyber security law, EU Cybersecurity Law workshop, Cyber and Data Security Lab, VUB , Brussels, 11 October, 2019, Cyber and Data Security Lab, Vrije Universiteit Brussel
Maria Grazia Porcedda, Learning from common experience to steer the future of data, EU-China Symposium on Data Security and Personal Information protection, Brussels, 29 November, 2019, Privacy Hub, Vrije Universiteit Brussels and Cybersecurity Association of China
Maria Grazia Porcedda, The Cybercrime Cascade Effect and Criminal Justice Responses, EUROCRIM 2019 Conference, Ghent, Belgium, 18-20 September 2019, 2019
Research Expertise
Projects
- Title
- Appraising the prevention and deterrence of cybercrime in Ireland through the law
- Funding Agency
- Society of LegaL scholars
- Date From
- June 2022
- Date To
- April 2024
- Title
- Appraising the prevention and deterrence of cybercrime in Ireland through the law
- Summary
- Ireland has been touted as the data capital of Europe, thanks to it hosting both the European headquarters and data centres of Big Tech companies. This data bonanza is inevitably attracting the attention of cybercriminals: according to reports released in 2020, Ireland is witnessing a steep increase in cybercrime, including data breaches. Retaining such data leadership requires investing in strategies, including laws and regulations, to secure both the infrastructure and the data. As legislation designed explicitly to prevent or deter cybercrime is relatively recent, there is a shortage of statistics, case law and studies that provide a picture of the evolution of cybercrime in Ireland and the adequacy of legal responses. Both scholars and policy-makers alike have suggested there is a need to fill the gap through scholarly and policy research. This project aims to fill the gap by studying the implementation of the applicable law to prevent cybercrime and deter cyber-offenders and chart the incidence of instances of cybercrime.
- Funding Agency
- Trinity College Dublin
- Date From
- 01/09/2021
- Date To
- 31/08/2025
- Title
- Reconciling Cybersecurity, Privacy and Data Protection
- Funding Agency
- Trinity College Dublin
- Title
- National parliaments and cybersecurity: the case study of Covid-19 parliamentary debates
- Funding Agency
- Trinity College Dublin
- Title
- COVID-19 Law and Human Rights Observatory
- Summary
- The COVID-19 Law and Human Rights Observatory "engages in research across the full range of Ireland's legal response to COVID-19" with the objective of informing the public and sparking public debate. The Observatory's Blog publishes academic commentary on Ireland's legal response to COVID-19 as it evolves. The Observatory has also been publishing a range of public policy reports that address critical aspects of Ireland's response to COVID-19 (https://www.tcd.ie/law/tricon/covidobservatory/index.php)
- Funding Agency
- Trinity College Dublin
- Date From
- May 2020
- Date To
- 2021
- Title
- Horizon 2020 European Research Council Awards
- Summary
- The project funded the employment of two part-time researchers and research visits to support the drafting of the ERC Starting Grant 2021
- Funding Agency
- Enterprise Ireland
- Date From
- 23-07-2020
- Date To
- 22-07-2021
- Title
- AHSS ERC Teaching Buy-out scheme
- Summary
- The purpose of the project was to support my application to the ERC Starting Grant 2021
- Funding Agency
- Trinity College Dublin
- Date From
- 29-04-2020
- Date To
- 31-05-2021
- Title
- INADAI
- Funding Agency
- European Union
- Date From
- September 2023
- Title
- Regulation of ICT service providers in a cybersecurity perspective under European and Swiss law
- Funding Agency
- Swiss National Science Foundation
- Title
- Cybersecurity, privacy and data protection: can we have it all?
- Funding Agency
- AHSS Faculty Events Fund
- Date From
- 18 September 2023
- Date To
- 26 October 2023
- Title
- Erasmus+
- Summary
- Awarded for a teaching exchange at Tilburg University
- Funding Agency
- European Commission
Recognition
Representations
Member of the European Data Protection Board Support Pool of Experts
Invited Programme Committee Member of IEEE Europe Security & Privacy Conference 'WACCO' workshop
Invited Programme Committee member of the Cyber Research Conference Ireland 2022
Member of the External Ethical Advisory Board of the H2020 TRESSPASS project (n. 787120) (https://www.tresspass.eu/The-project)
Member of the Task Force on Cyber Capacity Building, coordinated by the European Union Institute for Security Studies to advise EU Directorate General for Development and Cooperation on matters of cyber capacity building
Invited member of the Scientific Committee of the Annual Privacy Forum 2024 (Karlstad University, Sweden)
Invited member of the Programme Committee of CPDP2024 - Computers, Privacy and Data Protection Conference, Brussels
Invited Programme Committee Member of IEEE Europe Security & Privacy Conference 'WACCO' workshop
Reviewer for Technology and Regulation (TechReg)
Reviewer for Oxford University Press manuscripts
Invited member of the Scientific Committee of the Cyber and Data Security Lab, Vrije Universiteit Brussel
Invited to contribute to European Parliament's ad-hoc mission to Dublin on the enforcement of the General Data Protection Regulation.
Advisory Board member of Trinity College Law Review (TCLR)
Invited to the experts workshop 'Bridging the regulatory disconnect between data collection and data analysis in criminal investigation' at VU University Amsterdam
Advisory Member for Data Protection of ERC Project DomEqual (PI: Sabrina Marchetti)
Invited member of the Programme Committee of CPDP2021 - Computers, Privacy and Data Protection Conference 2021, Brussels
Invited member of the Programme Committee of CPDP2020 - Computers, Privacy and Data Protection Conference 2020, Brussels
Member of the Project Committee of the 16th IFIP Summer School on Privacy and Identity Management, university of Luxembourg
Programme Committee Member of the Computers, Privacy and Data Protection 2019 Conference (Vrije Universiteit Brussel)
Academic Collaborator of the ADAPT Centre
Invited to review manuscript for European Law Journal
Invited to contribute to Cyber Resilience Act Impact Assessment in the context of the Study supporting the European Commission preparatory work for the planned Cyber Resilience Act (CEPS, ICF and Wavestone
Member of the Advisory Board of VIGILANT (H2020)
Awards and Honours
Trinity College Dublin AHSS Beneficiary Fund
Trinity College Dublin Provost PhD Projects Award
TRISS Academic Research Fellowship
Trinity College Dublin AHSS Beneficiary Fund
Enterprise Ireland European Research Council Awards
AHSS ERC Teaching Buy-out scheme
CLUSIT- Italian information security association, "Thesis Prize 2012"
Freiburg University, FRIAS Junior Researcher Conference 2015-16 Grant
Accademia Nazionale dei Lincei, Prize "Edoardo Ruffini 2011"
Licenza del Collegio Superiore, University of Bologna
Society of Legal Scholars Research Research Activities Fund
Trinity College Dublin AHSS Beneficiary Fund
Eramsus+ 2023
Memberships
Women 4cyber Registry https://cybersecurity-atlas.ec.europa.eu/women-4-cyber
Europol Data Protection Experts Network
Society of Legal Scholars
BILETA via Law School (Trinity College Dublin)
Italian Association of Information Security (CLUSIT)
Political Studies Association of Ireland
Europol Data Experts Network
Political Studies Association of Ireland
International Association of Privacy Professionals (IAPP)
Member of European Law Working Group
Member of the Working Group on Cybercrime
European Society of Criminology
Collaborator to the ADAPT Centre