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TriCON - Trinity Centre for Constitutional Law & Governance

About TriCON

The Trinity Centre for Constitutional Law and Governance (TriCON) is a Research Centre based in the School of Law which undertakes and promotes research, teaching and public engagement on all aspects of constitutional law and governance, both in Ireland and across the world. Scholars at the Centre share a broad range of research interests, spanning the fields of constitutional law, comparative constitutional studies, administrative law, human rights, EU law, international public law, democratic theory, legal philosophy and more. Set up in 2019, TriCON hosts a vibrant seminar series which provides a focal point for scholars and practitioners interested in constitutional law from a theoretical, comparative, interdisciplinary and practical perspective. It also runs a regular research forum for graduate students researching in the area of constitutional law. In future years, TriCON will host Visiting Scholars at the Centre and run conferences on cutting-edge themes in constitutional law and governance.

TriCON is host to the Law and Human Rights Observatory, which monitors, analyses and comments on Ireland’s response to Covid19. Headed by Professor Oran Doyle, the Observatory will examine the response to Covid19 in terms of its impact on healthcare, human rights, democratic accountability and the rule of law.

The Director of TriCON is Professor Aileen Kavanagh who moved to Trinity College Dublin from the University of Oxford in September 2019.

Contact details - Email: aileen.kavanagh at tcd.ie

Members

Ivana Bacik


Biography

Ivana Bacik LLB LLM (LOND), F.T.C.D., Barrister-at-Law. Ivana Bacik is the Reid Professor of Criminal Law, Criminology and Penology (1996). She has a Law degree from Trinity College Dublin and an LL.M. from the London School of Economics. She is a barrister, and teaches courses in Criminal law; Criminology; and Feminist Criminology at Trinity. She is also a Senator for Dublin University. Her research interests include criminal law and criminology, constitutional law, feminist theories and law, human rights and equality issues in law.

Publications and Further Research Outputs

Peer-Reviewed Publications

Prostitution Law in, editor(s)Lynsey Black and Peter Dunne , Law and Gender in Modern Ireland, Oxford, Hart Publishing, 2019, pp21 - 38, [Ivana Bacik ] Book Chapter, 2019

, ''Changing Ireland, Changing Law': Access to Justice and Understanding the Lived Experience' in, editor(s)Cahillane, Laura and Schweppe, Jennifer (Eds) , Case Studies in Legal Research Methodologies: Reflections on Theory and Practice, Dublin, Clarus Press, 2019, pp81 - 98, [Bacik, Ivana and Rogan, Mary] Book Chapter, 2019

McCarthy-Jones, S., Bulfin, A., Nixon, E., O'Keane, V., Bacik, I. & McElvaney, R., Associations Between Forced and "Persuaded" First Intercourse and Later Health Outcomes in Women, Violence Against Women, 25, (5), 2019, p528 - 548 Journal Article, 2019 DOI

Electoral Amendment (Political Funding) Act 2012 - Commentary' in, editor(s)Erika Rackley and Rosemary Auchmuty , Women's Legal Landmarks, Oxford, Hart Publishing, 2019, pp589 - 596, [Bacik, Ivana] Book Chapter, 2019

Ivana Bacik, , 'A Feminist Perspective on Prostitution Law Reform under Part 4 of the Criminal Law (Sexual Offences) Act 2017' , Irish Criminal Law Journal, 29, (3), 2019, p58 - 67 Journal Article, 2019

Bacik, Ivana, Book Review of Shane Kilcommins et al, The Victim and the Irish Criminal Process. Manchester University Press, 2018, Criminal Law and Practice Review, 2, 2018, p133 - 136 Journal Article, 2018

Commentary on Foy v. An tArd Chláraitheoir in, editor(s)Mairead Enright, Julie McCandless and Aoife O'Donoghue , Northern/Irish Feminist Judgments, London, Bloomsbury, 2017, pp579 - 586, [Bacik, Ivana] Book Chapter, 2017

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

The Impact of the Constitution on Women's Rights in, editor(s)Alan Hayes and Maire Meagher , A Century of Progress? Irish Women Reflect., Dublin, Arlen House, 2016, [Bacik, Ivana] Book Chapter, 2016

A Feminist Review of the Law on Abortion in, editor(s)Fischer, C. and McAuliffe, M. , Irish Feminisms: Past, Present and Future, Dublin, Arlen House, 2015, pp147 - 168, [Bacik, I.] Book Chapter, 2015

Bacik, Ivana, Bacik, Ivana, Review of Mary Rogan, Prison Law. London: Bloomsbury, 2014, Dublin University Law Journal, 38, (1), 2015 Journal Article, 2015

Bacik, I., History of Abortion Law in Ireland: Prospects for Change, Medico-Legal Journal of Ireland, 20, (2), 2014, p75 - 81 Journal Article, 2014

Bacik, I., 'Legislating for Article 40.3.3' , Irish Journal of Legal Studies , 3, (3), 2013, p18 - 35 Journal Article, 2013

Bacik, I., 'The Irish Constitution and Gender Politics: Developments in the Law on Abortion' , Irish Political Studies , 28(3), (2013), 2013, p380 - 398 Journal Article, 2013

Bacik, I., Derek Dunne, Judicial Review of Criminal Proceedings , Review of Derek Dunne, Judicial Review of Criminal Proceedings , by Derek Dunne , Irish Jurist , 49, (2013), 2013, p242-3 Review, 2013

'The Politics of Sexual Difference: The Enduring Influence of the Catholic Church' in, editor(s)Giffney, N. and Shildrick, M. (eds) , Theory on the Edge: Irish Studies and the Politics of Sexual Difference., England, Palgrave MacMillan, 2013, pp17 - 28, [Bacik, I.] Book Chapter, 2013

Bacik, I. and Heffernan, L. (eds), Criminal Law and Procedure Review 2, Dublin, First Law, 2012 Book, 2012

Bacik, I. and Heffernan, L. (eds), Criminal Law and Procedure Review, Dublin, First Law, 2011 Book, 2011

Recent Developments in the Law on Search Warrants in, editor(s)Bacik, Ivana and Heffernan, Liz , Criminal Law and Procedure: Current Issues and Emerging Trends, Dublin, First Law, 2009, pp35 - 52, [Bacik, Ivana] Book Chapter, 2009

I.C. Bacik and L. Heffernan, Criminal Law and Procedure: Current Issues and Emerging Trends, Dublin, First Law, 2009, 1 - 178pp Book, 2009

Future Directions for the Constitution in, editor(s)Doyle, Oran and Carolan, Eoin , The Irish Constitution: Governance and Values, Dublin, Thomson Roundhall , 2008, pp135 - 146, [Bacik, Ivana] Book Chapter, 2008

Bacik, Ivana, Breaking the Language Barrier: Access to Justice in New Ireland, Judicial Studies Institute Journal, 2, 2007, p109- Journal Article, 2007

E. Drew and I. Bacik, Struggling with Juggling: Gender and Work/Life Balance in the Legal Professions, Women's Studies International Forum, 29, (2), 2006, p136 - 146 Journal Article, 2006 URL DOI

'Law in a Republic' in, editor(s)Jones, M. (ed) , The Republic: Essays from the Thomas Davis Lecture Series., Dublin, Mercier Press, 2005, pp102 - 118, [Bacik, I.] Book Chapter, 2005

Criminal Law in, editor(s)Kilkelly, U. , ECHR and Irish Law, Bristol, Jordan Publishing, 2004, pp151 - 180, [Bacik, I.] Book Chapter, 2004

'Immigration and Citizenship Law: Implications of the Referendum Proposal' in, editor(s)Trinity College Law School , The Citizenship Referendum: Implications for the Constitution and Human Rights, Dublin, TCD Law School, 2004, pp34 - 47, [Bacik, I.] Book Chapter, 2004

Bacik, I., Kicking and Screaming: Dragging Ireland into the Twenty-First Century, Dublin, O'Brien Press, 2004, 256pp Book, 2004

'Feminism', Lalor, B., Encyclopaedia of Ireland, Dublin, Gill & Macmillan, 2003, [Bacik, I.] Item in dictionary or encyclopaedia, etc, 2003

Bacik, I., Costello, C. and Drew, E., Gender In Justice, Trinity College Law School, 2003 Book, 2003

Ivana Bacik, Cathryn Costello, Eileen Drew, Gender inJustice: feminising the legal professions, Dublin, Law School, Trinity College, 2003, 1 - 431pp Book, 2003 TARA - Full Text

Bacik, I., Free Speech, the Common Good and the Rights Debate, Republic, 2003 Journal Article, 2003

Ivana Bacik, Cathryn Costello and Eileen Drew, Gender inJustice: feminising the legal professions, Dublin, Trinity College Dublin. Law School, 2003, 1 - 431pp Book, 2003

Bacik, I., 'Gender InJustice - Women Lawyers' , Bar Review, 8, (6), 2003, p260 - 262 Journal Article, 2003

'Harassment' in, editor(s)Costello, C. and Barry, E. (eds) , Equality in Diversity: the New Equality Directives, Dublin, Irish Centre for European Law, 2003, [Bacik, I.] Book Chapter, 2003

Bacik, I. and Costello, C., 'Women in Law in Ireland' , Bar Review, 7, (4), 2002, p4 - 5 Journal Article, 2002

The Practice of Sentencing in the Irish Courts in, editor(s)O'Mahony, P. (ed) , Criminal Justice in Ireland, Dublin, IPA, 2002, [Bacik, I.] Book Chapter, 2002

Bacik, I., '"If it Ain't Broke?" A Critical View of the Law Reform Commission Consultation Paper on Homicide: Mental Element in Murder' , Irish Criminal Law Journal, 12, 2002, p6 - 9 Journal Article, 2002

Women and the Criminal Justice System in, editor(s)O'Mahony, P. (ed) , Criminal Justice in Ireland, Dublin, IPA, 2002, [Bacik, I.] Book Chapter, 2002

Bacik, I., 'Harassment' , Employment Law Today, 1, 2001, p32 - 42 Journal Article, 2001

Bacik, I. and Livingstone, S., Towards a Culture of Human Rights in Ireland, Cork University Press, 2001 Book, 2001

Bacik, I., 'Incorporation of the European Convention on Human Rights - What Effect will it have on Innocence, Silence and Legal Representation in Irish Criminal Law?' , Irish Criminal Law Journal, 11, 2001, p14 - 17 Journal Article, 2001

Bacik, I., 'Case and Comment: DPP v. Finn' , Irish Criminal Law Journal, 11, 2001, p22- Journal Article, 2001

'Sentencing Practice in Ireland: A Focus on the Concepts of Minimum and Mandatory Sentencing' in, editor(s)Binchy, W. and Sarkin, J. (eds) , Human Rights, the Citizen and the State: South African and Irish Approaches. , Dublin, Round Hall, 2001, [Bacik, I.] Book Chapter, 2001

Bacik, I., 'The Sex Offenders Bill 2000' , Bar Review, 5, (7), 2000, p387 - 390 Journal Article, 2000

Bacik, I., Rape and the Law: the Quest for a Best-Practice Rape Law Model, Irish Journal of Feminist Studies, 4, 2000, p17 - 30 Journal Article, 2000

Bacik, I., 'Law Reform Commission Consultation Paper on Homicide: the Mental Element in Murder' , Dublin University Law Journal, 22, 2000, p264 - 269 Journal Article, 2000

Bacik, I., The Sex Offenders Bill 2000, Bar Review, 5, (7), 2000, p387 - 390 Journal Article, 2000

Bacik, I. and Baxter, M., 'Reflections on the Operation of the Bail Act 1997' , Practice and Procedure, 2, (3), 2000, p3 - 5 Journal Article, 2000

Bacik, I., Consistent Sentencing?, Studies, 38, 1999, p164 - 174 Journal Article, 1999

Bacik, I., O'Connell, M. (eds), Crime and Poverty in Ireland,, Dublin, Round Hall, 1998 Book, 1998

Bacik, I., Maunsell, C. and Gogan, S., The Legal Process and Victims of Rape,, Dublin, Rape Crisis Centre, 1998 Book, 1998

'Legal Status of Pupils in the European Union: The Situation in Ireland' in, editor(s)De Groof, J. and Penneman, H. (eds) , The Legal Status of Pupils in Europe, London, Kluwer International, 1998, [Bacik, I.] Book Chapter, 1998

'Combating Discrimination: the affirmative action approach' in, editor(s)Byrne, R. and Duncan, W. (eds) , , Developments in Discrimination Law in Ireland and Europe, Dublin, Irish Centre for European Law, 1997, [Bacik, I.] Book Chapter, 1997

Bacik, I., 'Abortion: Conflicting Rights, Duties and Arguments' , Medico-Legal Journal of Ireland, 3, 1997, p83 - 84 Journal Article, 1997

Bacik, I., Kelly, A., O'Connell, M. and Sinclair, H., Crime and Poverty in Dublin: an analysis of the association between community deprivation, District Court appearance and sentence severity, Irish Criminal Law Journal, 7, 1997, p104 - 133 Journal Article, 1997

Bacik, I., Kingston, J. and Whelan, A., Abortion and the Law, Dublin, Round Hall/Sweet & Maxwell, 1997 Book, 1997

Bacik, I., 'Non-Fatal Offences Against the Person Act, 1997', Irish Current Law Statutes Annotated, 1997, p26-01 - 26-08 Journal Article, 1997

Bacik, I., 'The Bail Act 1997' , Practice and Procedure, 3, 1997, p7 - 9 Journal Article, 1997

Non-Peer-Reviewed Publications

Bacik, Ivana, Book Review, Juno Mac and Molly Smith, Revolting Prostitutes: the fight for sex workers' rights. , Dublin Review of Books, (114), 2019, p1-4 Review Article, 2019

Bacik, I., 'Legislative Structures for Hospital Governance - Current Issues' , Administration, 62, 2014, p29 - 40 Journal Article, 2014

Legislative Developments in Criminal Law and Procedure' in, editor(s)Bacik, I. and Prendergast, D. , Criminal Law and Practice Review, Dublin, Clarus Press, 2014, pp45 - 56, [Bacik, I.] Book Chapter, 2014

Reconstructive Potential in the Constitutional Convention in, editor(s)Dorgan, Theo , Foundation Stone: Notes Towards a Constitution for a 21st Century Republic, Dublin, New Island, 2014, pp42 - 65, [Bacik] Book Chapter, 2014

Bacik, I. and Prendergast, D. (eds), Criminal Law and Practice Review, Dublin, Clarus Press, 2014, 1 - 166pp Book, 2014

Bacik, Varieties of Democracy, Dublin, University of Gothenburg, 2013 Report, 2013

Drew, Bacik, Coen, Report on Fundamental Rights Protection in Ireland, Dublin, EU Fundamental Rights Agency, 2012 Report, 2012

Valiulis, Redmond, Bacik, Rogan, Woods, O'Driscoll, Brooke Hughes, Interdisciplinary Report on Prostitution in Ireland, Dublin, Irish Human Rights Commission, April, 2009, 1, 260 Report, 2009

Bacik, Ivana, Report on Prostitution and Human Rights, Dublin, Irish Human Rights Commission, Centre for Gender and Women's Studies, Trinity Colllege Dublin, 2007 Report, 2007

Bacik, Heffernan, Brazil, Woods, Report on Services and Legislation Providing Support for Victims of Crime, 2007 Working Paper, 2007

Bacik, Ivana; Heffernan, Liz; Brazil, Trish and Woods, Report on Services and Legislation Providing Support for Victims of Crime, Dublin, Department of Justice, Equality and Law Reform, 2007 Report, 2007

Bacik, I., 'Gender InJustice' , Law Society Gazette, 98, (6), 2004, p16 - 16 Journal Article, 2004

Research Expertise

Description

Criminal Law, Criminology, Constitutional law, Equality and Human Rights law, Feminist Theory and Law

Projects

  • Title
    • Varieties of Democracy
  • Summary
    • An international multi-disciplinary research project aimed at constructing a global index of democracy and governance
  • Funding Agency
    • University of Gothenburg/Swedish government
  • Date From
    • October 2013
  • Date To
    • December 2013
  • Title
    • Changing Ireland Changing Law
  • Summary
    • In 2015, Dr Mary Rogan and I were awarded Irish Research Council funding for 'Changing Ireland, Changing Law' (CICL), under the IRC 'Engaging Civic Society' stream of its New Foundations scheme, to promote public discussion and reflection on how law and social change interact in Ireland. Additional funding was also secured from the TCD Equality Fund and Arts & Social Sciences Benefactions Fund.
  • Funding Agency
    • Irish Research Council
  • Date From
    • 1 January 2015
  • Date To
    • 31 December 2016

Keywords

Constitutional Law; Criminal Law; Criminology, Equality and Human Rights law, feminist theory

Recognition

Representations

Editor, Irish Criminal Law Journal 1997 - 2003

Awards and Honours

Elected to Fellowship, Trinity College Dublin 2005

Trinity College Dublin Entrance Exhibitionship and Sizarship 1985

British Academy Studentship Award to L.S.E. 1990

London School of Economics Bursary & Maintenance Award 1990

Middle Temple Major Benefactors Award 1991

Middle Temple Pupillage Award 1992

Provost's Teaching Award May 2006

Memberships

Member, King's Inns, Dublin, 1994 - present Member, Middle Temple, London, 1992 - present Member, British Society of Criminology, 2003 - present Member, American Society of Criminology, 2004 - present Member, Irish Women Lawyers Association, 2003 - present

Mark Bell


Biography

Mark Bell is Head of the School of Law; Regius Professor of Laws (a Chair founded in 1668); and a Fellow of Trinity College Dublin. Prior to his appointment at Trinity, he was a professor at the School of Law, University of Leicester, where he was also Head of the School of Law (2011-2014). Mark has published regularly on Anti-Discrimination Law and Employment Law, particularly in relation to EU Law. He is co-editor of International and European Labour Law: A Commentary (Nomos 2018). Mark is a member of the Board of Directors of the Irish Centre for European Law and the Advisory Board of the Berkeley Center on Comparative Equality and Anti-Discrimination Law. In 2015, he was a Senior Expert on Disability for the European Commission's Network of Legal Experts in Gender Equality and Non-Discrimination. Since 2010, he worked with the International Labour Organisation on several projects, and played a key role in producing a 2016 guide for employers on promoting diversity through workplace adjustments.

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

Publications and Further Research Outputs

Peer-Reviewed Publications

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

Desmond Ryan and Mark Bell, Disability, Reasonable Accommodation and the Employer's Obligations: Nano Nagle School v Daly, Modern Law Review, 83, 2020, p1 - 13 Journal Article, 2020

Equal Treatment in, editor(s)Teun Jaspers, Frans Pennings, and Saskia Peters , European Labour Law, Cambridge, Intersentia, 2019, pp131 - 200, [Mark Bell and Ann Numhauser-Henning] Book Chapter, 2019

EU Equality Law and Precarious Work in, editor(s)Uladzislau Belavusau and Kristin Henrard , EU Anti-Discrimination Law Beyond Gender, Oxford, Hart Publishing, 2019, pp75 - 94, [Mark Bell ] Book Chapter, 2019 TARA - Full Text

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

Mark Bell , The Principle of Equal Treatment and the European Pillar of Social Rights, Giornale di Diritto del Lavoro e di Relazioni Industriali, 160, 2018, p783 - 810 Journal Article, 2018

Mark Bell , Adapting Work to the Worker: the Evolving EU Legal Framework on Accommodating Worker Diversity, International Journal of Discrimination and the Law, 18, 2018, p124 - 143 Journal Article, 2018 TARA - Full Text

Mark Bell , Leaving Religion at the Door? The European Court of Justice and Religious Symbols in the Workplace, Human Rights Law Review, 17, 2017, p1-13 Journal Article, 2017 URL

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

Mark Bell and Lisa Waddington, The Employment Equality Directive and supporting people with psychosocial disabilities in the workplace: a legal analysis of the situation in the EU Member States, Brussels, European Commission, December , 2016, p1 - 131 Report, 2016 TARA - Full Text URL

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

Sexual Identity, Law and Social Change in, editor(s)Ivana Bacik and Mary Rogan , Legal Cases that Changed Ireland, Dublin, Clarus Press, 2016, pp63 - 70, [Mark Bell] Book Chapter, 2016 TARA - Full Text

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

Mark Bell , Sickness Absence and the Court of Justice: Examining the Role of Fundamental Rights in EU Employment Law, European Law Journal, 21, 2015, p641 - 656 Journal Article, 2015

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

Article 20 in, editor(s)S Peers, T Hervey, J Kenner and A Ward , The EU Charter of Fundamental Rights: A Commentary, Oxford, Hart Publishing, 2014, pp563 - 577, [Mark Bell ] Book Chapter, 2014 TARA - Full Text

Occupational Health and Safety in the UK: At a Crossroads? in, editor(s)E Ales , Health and Safety at Work: European and Comparative Perspective, Alphen aan den Rijn, Kluwer Law International , 2013, pp375 - 410, [Mark Bell ] Book Chapter, 2013 URL

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

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

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

Lisa Waddington and Mark Bell, Exploring the boundaries of positive action under EU law: a search for conceptual clarity, Common Market Law Review, 48, 2011, p1503 - 1526 Journal Article, 2011

British developments in non-discrimination law: the Equality Act in, editor(s)R Schulze , Non-Discrimination in European Private Law, Tubingen, Mohr Siebeck, 2011, pp209 - 231, [Mark Bell ] Book Chapter, 2011 TARA - Full Text URL

The principle of equal treatment: widening and deepening in, editor(s)P Craig and G de Búrca , The evolution of EU law, Oxford, OUP, 2011, pp611 - 639, [Mark Bell ] Book Chapter, 2011 TARA - Full Text

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

U Archibong, M Bell and L Waddington, Exploring positive action from a legal perspective in EU and non-EU countries', International Journal of Diversity in Organisations, Communities and Nations , 9, 2009, p43 - 53 Journal Article, 2009

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

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

Dagmar Schiek, Lisa Waddington and Mark Bell (eds), Cases, Materials and Text on National, Supranational and International Non-Discrimination Law, Oxford, Hart Publishing, 2007, 1 - 1118pp Book, 2007 URL

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

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

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

Mark Bell , Holding back the tide? Cross-border recognition of same-sex partnerships within the European Union', European Review of Private Law, 5, 2004, p613 - 632 Journal Article, 2004

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

Mark Bell , Implementing the EU Racial Equality Directive: implications for immigration law', Tolley's Journal of Immigration, Asylum and Nationality Law , 18, 2004, p37 - 46 Journal Article, 2004

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

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

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

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

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

Non-Peer-Reviewed Publications

Mark Bell , Mental Health and Employment: the Role for Disability Discrimination Law, Ulster University Public Lecture Series, Law Society of Northern Ireland, 11 February, 2020 Invited Talk, 2020

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

Mark Bell, The Equality Provisions of the EU Charter and their Potential in Relation to Domestic Law, FLAC: The EU Charter and the ECHR: Practice and Potential, The Law Society of Ireland, 18 October, 2019 Conference Paper, 2019

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

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

Mark Bell , Brexit: where are we now and what happens next? Politics, Trade and Labour Law, Brussels European Employee Relations Group, Brussels, 30 January, 2019 Conference Paper, 2019

Mark Bell, The Principle of Equal Treatment and the European Pillar of Social Rights , Berkeley Comparative Equality and Anti-Discrimination Law Study Group Annual Conference, Stockholm University, 17 June, 2019 Conference Paper, 2019

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

Mark Bell , The Definition of Key Concepts in EU Anti-Discrimination Law, Academy of European Law: Applying EU Anti-Discrimination Law , Barcelona, 24 October, 2019 Conference Paper, 2019

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

Mark Bell , The Future of EU Labour Law: Insights from Christian Ethics, Regulating the Future of Human Work: a Christian Ethics Perspective, Trinity College Dublin, 4 October, 2019 Conference Paper, 2019

Mark Bell , Adapting Work to the Worker: The Evolving EU Legal Framework on Accommodating Worker Diversity, EU Employment Law Update, Dublin, 25 January, 2018, Irish Centre for European Law Invited Talk, 2018

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

Art 10 TFEU (pp 21-23), Art 19 TFEU (pp 23-26), Art 20 CFREU (pp 200-203), Art 21 CFREU (pp 203-209), Art 15 RESC (pp 307-310), Art 20 RESC (pp 316-319), Art 14 ECHR (pp 461-465). Co-author of General Introduction (pp XXXIII-XLVII) and introductions to Part 1 (Fundamental Provisions) (pp 1-6) , Part 2 (Equality Law) (pp 431-432), Part 3 (Workers' Mobility) (pp 641-642). in, editor(s)Edoardo Ales, Mark Bell, Olaf Deinert, Sophie-Robin Olivier. , International and European Labour Law: Article-by-Article Commentary, Baden Baden, Nomos/Beck/Hart Publishing, 2018, pp1 - 1678, [Mark Bell] Book Chapter, 2018

Mark Bell , Can Anti-Discrimination Law Improve the Position of People with Intellectual Disabilities in the Labour Market? Learning from Experience in the USA, Berkeley Comparative Anti-Discrimination Law Study Group Annual Conference, University of Melbourne, 11 June, 2018 Conference Paper, 2018

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

Edoardo Ales, Mark Bell, Olaf Deinert, Sophie Robin-Olivier (eds), International and European Labour Law: Article-by-Article Commentary, Baden Baden, Nomos/Beck/Hart Publishing, 2018, 1 - 1678pp Book, 2018

Mark Bell , Pitfalls and Progress: Reasonable Accommodation for Workers with Disabilities in Ireland, Society of Legal Scholars Annual Conference, University College Dublin, 7 September 2017, 2017 Conference Paper, 2017

Mark Bell , The European Pillar of Social Rights and EU Employment Law: a New Horizon or False Dawn? , Employment Law Distinguished Guest Lecture 2017, UCD Sutherland School of Law, 29 November, 2017 Invited Talk, 2017

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

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

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

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

Mark Bell , When Can the Charter be Applied? The View from the CJEU, Using the EU Charter of Fundamental Rights, Trinity College Dublin, 12 January 2017, 2017 Conference Paper, 2017

Mark Bell , Accommodating Workplace Diversity - Towards An Overarching Duty in EU Equality Law?, Rethinking EU Equality Law, Institute for Advanced Legal Studies, London, 19 May 2017, 2017 Conference Paper, 2017

Mark Bell , Freedom of Religion and the Right to Non-Discrimination: European Perspectives , Thelton E. Henderson Center for Social Justice, BerkeleyLaw, University of California, Berkeley, 13 September , 2017 Invited Talk, 2017

Mark Bell , Religion, Reasonable Accommodation and European Anti-Discrimination Law, Irish Society for European Law, European Equality Law Seminar, Dublin, 26 January 2017, 2017 Conference Paper, 2017

Mark Bell , Pitfalls and Progress: Reasonable Accommodation for Workers with Disabilities in Ireland, Berkeley Comparative Equality and Anti-Discrimination Law Study Group, Online Seminar, 14 September, 2017 Oral Presentation, 2017

Mark Bell, Annual Conference, Berkeley Comparative Equality and Anti-Discrimination Study Group, 15-16 June 2017, 2017, Trinity Long Room Hub, Trinity College Dublin Meetings /Conferences Organised, 2017

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

Mark Bell and Lisa Waddington, The Employment Equality Directive and supporting people with psychosocial disabilities in the workplace, European Commission Non-Discrimination Legal Seminar , Brussels, 25 November 2016, 2016 Conference Paper, 2016 URL

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

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

Mark Bell, When Can the Charter be Applied? The View from the CJEU, Workshop on Using the EU Charter of Fundamental Rights, London, 6 July 2016, 2016 Conference Paper, 2016

Mark Bell , EU Migrants and the Racial Equality Directive, EU Discrimination Law and Intra-EU Mobility, Université Paris I Panthéon-Sorbonne, 9 September 2016, 2016 Conference Paper, 2016

Equality , A Wiesand, K Chainoglou, A Sledzinska-Simon, Y Donders, Culture and Human Rights: The Wroclaw Commentaries, Berlin/Boston, De Gruyter, 2016, pp154 - 156, [Mark Bell] Item in dictionary or encyclopaedia, etc, 2016

Mark Bell, Promoting diversity and inclusion through workplace adjustments: a practical guide, Promoting diversity and inclusion through workplace adjustments, Geneva, 2 December 2016, 2016, International Labour Organisation Invited Talk, 2016 URL

Mark Bell , Seeking Employment and the Legal Protection of People with Mental Health Problems, Empowering Young Adults with Disabilities, Trinity Centre for Health Sciences, Trinity College Dublin, 21 June 2016, 2016 Conference Paper, 2016

Mark Bell , Collective Bargaining and Fundamental Rights for Atypical Workers: The Contribution of EU Law, Collective Bargaining for Atypical Workers in the Live Entertainment and Audiovisual Sectors, Dublin, 8 September 2015, 2015 Conference Paper, 2015

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

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

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

Mark Bell , Zero-Hours Contracts: Retention and Reform in the UK, Zero-Hours Contracts, Trinity College Dublin, 2 February 2015, 2015, Employment Law Association of Ireland Invited Talk, 2015

Mark Bell , Anti-Discrimination Law: Using European and International Instruments, Anti-Discrimination Law: Using European and International Instruments, Tallin, 14 October 2014, 2014, Estonian Human Rights Centre Invited Talk, 2014

Mark Bell , LGBT Rights at Work: Recent Developments in EU Law and the ECHR, International Law Congress, Ankara, Turkey, 10 January 2014, 2014, Ankara Bar Association Invited Talk, 2014

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

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

Mark Bell, Overview of the Legal Protection under EU and UK Law, Agency Workers Protection Seminar, Belfast, 17 January 2013, 2013, Northern Ireland Council for Ethnic Minorities Invited Talk, 2013

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

Mark Bell , The Equality Act 2010: two steps forward, one step back?, Current Developments in Employment Law, Leicester, 10 May 2013, 2013, University of Leicester Invited Talk, 2013

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

Research Expertise

Description

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

Projects

  • Title
    • The Employment Equality Directive and Supporting People with Psychosocial Disabilities in the Workplace
  • Summary
    • This project produced a report for the European Commission, jointly authored with Professor Lisa Waddington, Maastricht University. It examined the role that EU Law, specifically Directive 2000/78, plays in providing support in the labour market for those who experience mental health problems amounting to a psychosocial disability. It examined the definition of disability found in EU and national law, and the extent to which the concept of reasonable accommodation has been applied to persons with psychosocial disability. It also explored the role playing by stigma in creating barriers for those with mental health problems and evidence of measures adopted by Member States to combat this phenomenon: http://www.equalitylaw.eu/downloads/3966-the-employment-equality-directive-and-supporting-people-with-psychosocial-disabilities-in-the-workplace-a-legal-analysis-of-the-situation-in-the-eu-member-states
  • Funding Agency
    • European Commission via Human European Consultancy
  • Date From
    • May 2016
  • Date To
    • November 2016
  • Title
    • Don't knock on the wrong door: Charter Click
  • Summary
    • The project involves a consortium of European universities, together with governmental and non-governmental agencies that provide advice to citizens on the enforcement of rights. The project will examine the practice of national courts, and the EU courts, in applying the Charter of Fundamental Rights. This only applies if the factual scenario falls within the scope of EU law, which is a frequent source of confusion and uncertainty. The project aims to create an online resource that can assist citizens in understanding whether the Charter applies to their individual situation.
  • Funding Agency
    • European Commission
  • Date From
    • February 2015
  • Date To
    • February 2017
  • Title
    • European Network of Legal Experts in Gender Equality and Non-Discrimination
  • Summary
    • The Network conducts analysis of the implementation of EU anti-discrimination legislation within the Member States, the EEA states, and certain candidate countries for EU membership. During 2015, Mark is the acting coordinator for disability issues, which entails analysing the draft national reports as well as other contributions to the functioning of the Network. See further: http://www.non-discrimination.net
  • Funding Agency
    • European Commission
  • Date From
    • 2015
  • Title
    • Promoting Diversity and Inclusion Through Workplace Adjustments: A Practical Guide
  • Summary
    • Mark played a key role in finalising a guide for the International Labour Organisation on promoting diversity and inclusion in the workplace through the provision of workplace adjustments. The guide aims to identify the steps that employers should take, such as putting in place a procedure for handling requests from workers for accommodation. It provides examples of accommodations that might be considered for workers with physical or mental disabilities, those affected by HIV, those with family responsibilities or workers who need an accommodation due to a particular religious practice: http://www.ilo.org/wcmsp5/groups/public/---ed_norm/---declaration/documents/publication/wcms_536630.pdf
  • Funding Agency
    • International Labour Organisation
  • Date From
    • August 2015
  • Date To
    • December 2016
  • Title
    • Analysis of Comparative Review of Equality Data Collection Practices in the EU
  • Summary
    • Mark Bell is a Senior Expert in the team of researchers in this project. It is gathering information on the extent to which data relating to equality is gathered across the 28 EU Member States. This might include data on complaints of discrimination, individual experiences of discrimination or outcomes for minority groups in areas like employment and education.
  • Funding Agency
    • European Commission via Human European Consultancy
  • Date From
    • 31/8/15
  • Date To
    • 30/8/16

Keywords

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

Recognition

Awards and Honours

European University Institute Law Prize for doctoral thesis 1999/2000

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

Memberships

Employment Law Association of Ireland 2015

Society of Legal Scholars 2005

Discrimination Law Association

Irish Association of Law Teachers 2018

Hilary Biehler


Biography

Hilary Biehler is a barrister and Professor of Public Law at the Law School Trinity College, Dublin. She obtained a B.A.(Mod.), M.Litt., Ph.D. and LL.D. in law from Trinity College Dublin and was called to the Irish Bar in 1988. She was a Commissioner with the Law Reform Commission from 1997-2005 and Editor of the Irish Law Reports Monthly from 1993-2008. She was Head of the Law School at Trinity College from 2003-2005, 2008-2010 and 2011-2014. She was Vice Dean of the Schools of Law and Education in 2005-2006, Pro-Dean of the Faculty of Social and Human Sciences in 2007 and Pro-Dean of the Faculty of Arts, Humanities and Social Sciences in 2010-2011. She has published widely in the areas of Equity and the Law of Trusts, Administrative law and Civil Procedure.

Publications and Further Research Outputs

Peer-Reviewed Publications

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

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

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

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

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

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

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

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

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

Biehler, H., Principles Relating to the Awarding of Costs in Cases which do not Proceed to a Determination, Irish Law Times, 35, (12), 2017, p154 - 160 Journal Article, 2017

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

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

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

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

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

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

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

Biehler, H., The Political Purposes Exception - Is There a Future for a Doctrine Built on Foundations of Sand?, Trust Law International, 29, (3), 2015, p97 - 113 Journal Article, 2015

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

Biehler, H., The Right to Privacy and the Retention of DNA Profiles - Getting the Balance Right, European Human Rights Law Review, (5), 2014, p479 - 489 Journal Article, 2014

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

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

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

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

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

Delany, H. and Ryan D., "Springboard Injunctions: An Analysis of Emerging Principles in the Case Law of the English and Irish Courts, Civil Justice Quarterly, 31, (3), 2012, p284 - 303 Journal Article, 2012

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Practice and Procedure in, editor(s)Binchy, W., Byrne, R. , Annual Review of Irish Law 2004, Dublin, Thomson Round Hall, 2005, pp409 - 430, [Delany, H] Book Chapter, 2005

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Delany H., Judicial review in cases of asylum seekers - the role of curial deference and the question of whether the standard of review should vary, Dublin University Law Journal, 24, 2002, p1 - 25 Journal Article, 2002

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

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

Delany H., Extension of time for bringing judicial review pursuant to s.5 of the Illegal Immigrants (Trafficking) Act 2000, Irish Law Times, 20, 2002, p44 - 48 Journal Article, 2002

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

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

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

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

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

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

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

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

Delany H., Striking out where no reasonable cause of action, where claim frivolous or vexatious or where clearly unsustainable, Irish Law Times, 18, 2000, p127 - 130 Journal Article, 2000

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

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

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

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

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

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

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

Delany H., Third party procedure and concurrent wrongdoers - Service of third party proceedings as soon as is reasonably possible, Dublin University Law Journal, 21, 1999, p190 - 206 Journal Article, 1999

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Non-Peer-Reviewed Publications

The Proposed Court of Appeal in, editor(s)Bacik and Prendergast , Criminal Law and Practice Review , Dublin, Clarus Press, 2014, pp129 - 142, [Biehler, H.] Book Chapter, 2014

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

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

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

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

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

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

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

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

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

Research Expertise

Description

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

Recognition

Representations

Commissioner, The Law Reform Commission April 1997 to May 2005

Awards and Honours

Fellow of Trinity College, Dublin 1998

Neville Cox


Publications and Further Research Outputs

Peer-Reviewed Publications

Neville Cox & Eoin McCullough, Defamation Law and Practice, 1st, Dublin, 1, 2014, 687- Book, 2014

Neville Cox, Blasphemy, Holocaust Denial and the Control of Profoundly Unacceptable Speech, American Journal of Comparative Law, LXII, (3), 2014, p739 - 774 Journal Article, 2014

Neville Cox, THE FUTURE OF THE REYNOLDS DEFENCE IN IRISH DEFAMATION LAW FOLLOWING THE DEFAMATION ACT 2009, Irish Jurist, 52, (1), 2014, p28 - 58 Journal Article, 2014

Neville Cox, Delfi AS v. Estonia: the Liability of Secondary Internet Publishers for Violation of Reputational Rights under the European Convention on Human Rights, Modern Law Review, 77, (4), 2014, p619 - 640 Journal Article, 2014

Neville Cox, The Clash of Unprovable Universalisms, Oxford Journal of Law and Religion, 2, (2), 2013, p307 - 329 Journal Article, 2013

Neville Cox, Dismissal of an Action on the Grounds of Delay or Want of Prosecution: Recent Developments, Dublin University Law Journal, 35, 2012, p121 - 147 Journal Article, 2012

Neville Cox, Review of Modern Sports Law, by Jack Anderson , Irish Jurist, XLVI, 2011, p5 Review, 2011

The ethical case for a Blasphemy Law in, editor(s)Fortner and Fackler , The handbook of Global Communication and Media Ethics, London, Wiley-Blackwell, 2011, pp263 - 297, [Neville Cox] Book Chapter, 2011

Nevile Cox, Challenges to the Registration of a Registered Employment Agreement , Employment Law Review, (3), 2010, p3 - 26 Journal Article, 2010

Cox, Neville with Ryan, Des and Corbett, Val, Employment Law in Ireland, Dublin, Clarus Press, 2009, 1 - 1027pp Book, 2009

Foetal Personhood in Comparative Perspective in, editor(s)Schweppe, Jennifer , The Unborn Child, Article 40.3.3 and Abortion in Ireland: 25 Years of Protection, Dublin, Liffey Press, 2008, ppvi - 424 , [Cox, Neville] Book Chapter, 2008

Suing hospitals and health boards in, editor(s)Binchy, William and Craven, Ciaran , Medical Negligence Litigation, Dublin, First Law, 2008, pp83 - 109, [Cox, Neville] Book Chapter, 2008

Cox, Neville, Defamation Law, Dublin, First Law, 2008, 1 - 978pp Book, 2008

A Question of Definition in, editor(s)Doyle, Oran and Binchy, William , Committed Relationships and the Lawqq, Dublin, Four Courts Press, 2007, pp104 - 123, [Cox, Neville] Book Chapter, 2007

Sports Law in, editor(s)Binchy, William and Byrne, Raymond , Annual Review of Irish Law 2006, Dublin, Round Hall, 2007, pp535 - 546, [Cox, Neville] Book Chapter, 2007

Schuster, Alexander with Cox, Neville and Costello, Cathyrn, Sport and the Law, Dublin, First Law, 2007, 1 - 550pp Book, 2007

Sports Law in, editor(s)Binchy, William and Byrne, Raymond , Annual Review of Irish Law 2005, Dublin, Round Hall, 2006, pp652 - 665, [Cox, Neville] Book Chapter, 2006

Eardley, John and Cox, Neville, Annual Review of Employment Law 2006, Dublin, First Law, 2006 Book, 2006

School Sports and the Law in, editor(s)Binchy, William and Glendenning, Dympna , Litigation Against Schools: Implications for School Managers, Dublin, First Law, 2005, [Cox, Neville] Book Chapter, 2005

Sports Law in, editor(s)Binchy, William and Byrne, Raymond , Annual Review of Irish Law 2004, Dublin, Round Hall, 2005, pp449 - 458, [Cox, Neville] Book Chapter, 2005

Eardley, John and Cox, Neville, Annual Review of Employment Law 2005, Dublin, First Law, 2005 Book, 2005

The Language of Constitutional Debate in, editor(s)Binchy, William and Finnegan, Catherine , The Citizenship Referendum: Implications for the Constitution and Hunan Rights, Dublin, Trinity College Dublin, 2004, pp91 - 100, [Cox, Neville] Book Chapter, 2004

The New Rules Relating to Collateral Benefits in, editor(s)Binchy, William and Craven, Ciaran , The Civil Liability and Courts Act (2004), Dublin, First Law, 2004, pp84 - 102, [Cox, Neville] Book Chapter, 2004

Sports Law in, editor(s)Binchy, William and Byrne, Raymond , Annual Review of Irish Law 2003, Dublin, Round Hall, 2004, [Cox, Neville] Book Chapter, 2004

Cox, Neville, Review of A World Made New, by Glendon , Dublin University Law Journal, 26, 2004 Review, 2004

Cox, Neville, Review of A World Made New, by Glendon , Dublin University Law Journal, 26, 2004 Review, 2004

Cox, Neville, "Legal Regulation of the Broadcasting of Sporting Events in Europe", Dubling University Law Journal, 2004 Journal Article, 2004

Sports Law in, editor(s)Binchy, William and Byrne, Raymond , Annual Review of Irish Law 2002, Dublin, Round Hall, 2003, pp443 - 461, [Cox, Neville] Book Chapter, 2003

Cox, Neville, Civil Liability for Violence on the Field of Play, Northern Ireland Legal Quarterly, 2003 Journal Article, 2003

Sports Law in, editor(s)Bincy, William and Byrne, Raymond , Annual Review of Irish Law 2001, Dublin, Round Hall, 2002, [Cox, Neville] Book Chapter, 2002

Cox, Neville, Legalisation of Drug Use in Sport, International Sports Law Review, (November), 2002, p77 - 89 Journal Article, 2002

Cox, Neville, Review of The Common European Law of Torts, by Von Barr , Irish Jurist, (XXXVI), 2001, p359 Review, 2001

Cox, Neville, Blasphemy Law, UK, Edwin Mellen Press, 2000, 1 - 236pp Book, 2000

Cox, Neville, Causation, Responsibility and Fetal Personhood, Northern Ireland Legal Quarterly, 51 (4), 2000, p579 - 596 Journal Article, 2000

Cox, Neville, Passive Judicial Activism, Dublin Univeristy Law Journal , 22, 2000, p201 - 207 Journal Article, 2000

Cox, Neville, Victory with Honour or Victory at All Costs, Dublin University Law Journal, 22, 2000, p19 - 49 Journal Article, 2000

Constitutional Interpretation of Judicial Activism in, editor(s)O'Dell, E, , Leading Cases of the Twentieth Centre, Dublin, Round Hall, 2000, [Cox, Neville] Book Chapter, 2000

Cox, Neville, Review of Drugs and Doping in Sport, by O'Leary , Dublin University Law Journal, 22, 2000, p262 Review, 2000

Cox, Neville, Public Figures and Defamation Actions Following the Reynolds Case , Dublin University Law Journal, 21, 1999, p206 - 219 Journal Article, 1999

Cox, Neville, Breaking the Abortion Deadlock, Review of Breaking the Abortion Deadlock, by McDonagh, Eileen , Dublin University Law Review, 20, 1998, p254 Review, 1998

Cox, Neville, Prior Restraint and Injunctions in Defamation Cases, Dublin University Law Journal, 20, 1998, p246 - 253 Journal Article, 1998

Cox, Neville, Review of Breaking the Abortion Deadlock, by McDonagh, Eileen , Dublin University Law Review, 20, 1998, p254 Review, 1998

Cox, Neville, Review of Breaking the Abortion Deadlock, by McDonagh, Eileen , Dublin University Law Review, 20, 1998, p254 Review, 1998

Cox, Neville, Sacrilege and Sensibility, the Value of Irish Blasphemy Law', Dublin University Law Journal, 19, 1997, p87 - 112 Journal Article, 1997

Non-Peer-Reviewed Publications

Neville Cox, Defences under the Defamation Act, Quarterly Review of Tort Law, 4, (2), 2011, p12 - 20 Journal Article, 2011

Neville Cox, Nadia Bhatti, THE FUTURE OF REGISTERED EMPLOYMENT AGREEMENTS, EMPLOYMENT REGULATION ORDERS AND JOINT LABOUR COMMITTEES, Employment Law Review, (4), 2011, p43 Journal Article, 2011

Nevile Cox, Desmond Ryan, Recent Developments in Employment Law, Employment Law Review, (1), 2011, p34 - 57 Journal Article, 2011

Neville Cox, Employment Permits in Irish Law, Irish Business Law Quarterly, 4, (1), 2010, p22 - 28 Journal Article, 2010

Neville Cox, Burke v. Independent Colleges - Employment INjunctons Revisited, Employment Law Review, (4), 2010, p3 - 32 Journal Article, 2010

Employment Law Review, Dublin, Firstlaw, [eds.], 2009 Editorial Board, 2009

Neville Cox, Recent developments in the rules relating to Workplace Stress, Quarterly Review of Tort Law, 3, (3), 2009, p17 - 27 Journal Article, 2009

Cox, Neville, Recent Developments in Defamation and Breach of Privacy Law, Quarterly Review of Tort Law, 3, (2), 2008 Journal Article, 2008

Neville Cox, Public interest reporting and defamation law, Quarterly review of Tort Law, 2, (2), 2007, p20 - 32 Journal Article, 2007

Cox, Neville, The Defence of Offer of Amends and the Defamation Bill 2006, Quarterly Review of Tort Law, 2, (4), 2007 Journal Article, 2007

Cox, Neville, Employers' Liability for Workplace Stress, Quarterly Review of Tort Law, 1, (2), 2006, p10- Journal Article, 2006

Cox, Neville, Sports Governing Bodies and Fair Procedures, Recent Irish Developments, United Kingdom Sport and the Law Journal, 10 (2), 2002, p162 - 172 Journal Article, 2002

Neville Cox, Suing hospitals and other health service providers, Medical Negligence Litigation, Dublin, 28 March 2009 Conference Paper,

Neville Cox, Is Nationalised Healthcare the Cure for America, The great healthcare debate, Bloomington, Indiana, 16 February 2010 Conference Paper,

Neville Cox, Limitation of Actions and Delay, Tort Litigation 2011, Dublin, 26 November 2011 Conference Paper,

Neville Cox, Negligent Supervision: schools and sports, Litigation against Post Primary Schools, Dublin, 12 November 2011 Conference Paper,

Neville Cox, The new defences: Impact on Practice, Defamation and Privacy Law, Dublin, 7 April 2011 Conference Paper,

Neville Cox, The Planning Application, Intensive Course on Planning Law, Dublin, 19 January 2012 Conference Paper,

Neville Cox, Limitation of Actions and Proof in Medical Negligence Litigation, Medical Negligence 2010, Dublin, 20 November 2010 Conference Paper,

Oran Doyle


Biography

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

Prof Doyle is an expert in comparative constitutional law, his recent work being published in the International Journal of Constitutional Law and Global Constitutionalism as well as a number of other journals and edited collections. In 2018, published 'The Irish Constitution: A Contextual Account' for Hart's Constitutional Systems of the World series. In 2019, he published--with Dr Tom Hickey--the second edition of 'Constitutional Law: Text, Cases and Materials.' Currently supervising Li-Kung Chen's work on the continuity of states, Alex Layden's work on informal constitutional change, and Juan Diego Galaz's work on constitutional rights of resistance and deliberation in Latin America, Prof Doyle welcomes applications for supervision from students broadly in the area of constitutional theory.

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

The recipient of a Provost's Teaching Award, Prof Doyle has lectured constitutional law 1 and jurisprudence to undergraduate students, and comparative constitutional law and theory to postgraduate students. He has also led a final year research project group on democratic decay.

Prof Doyle is a regular contributor to public debates on issues of constitutional law in Ireland. He has published articles in the Irish Times on both the Children's Rights Referendum and the Marriage Equality Referendum. In 2016-17, he was a constitutional law advisor to the Citizens' Assembly considering the pro-life provision in the Irish Constitution. He is currently a member of the Working Group on Unification Referendums on the Island of Ireland. Related to this, in February 2020, he convened a blog symposium on the IACL/IADC blog addressing the constitutional dimensions of Irish unification.

https://tcd.academia.edu/OranDoyle http://ssrn.com/author=867538

Publications and Further Research Outputs

Peer-Reviewed Publications

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, [Oran Doyle] Book Chapter, 2020

Oran Doyle, Clearing the Legal Decks for the Abortion Referendum: The Supreme Court, Constitutional Precedent and Legal Certainty, Irish Supreme Court Review, 1, 2019 Journal Article, 2019

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

The Use of Foreign Law in Irish Constitutional Adjudication in, editor(s)Giuseppe Ferrari , Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems, Brill, 2019, pp69 - 93, [Oran Doyle and Tom Hickey] Book Chapter, 2019

Philosophical Foundations of Natural Rights, Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum, Max Planck Encylopedia of Comparative Constitutional Law, Heidelberg, Oxford University Press, 2019, [Oran Doyle and John Martin Gillroy] Item in dictionary or encyclopaedia, etc, 2019

Unearthing the 'Constitutional' in Quasi-Constitutionality in, editor(s)Richard Albert and Joel Colon Rios , Quasi-Constitutionality and Constitutional Statutes: Forms, Functions and Applications , Routledge, 2019, pp89 - 93, [Oran Doyle] Book Chapter, 2019

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

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

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

Interpretation: The Unrealizable Ideal of judicial Constraint in, editor(s)Eoin Carolan , Judicial Power in Ireland, Dublin, Institute of Public Administration, 2018, pp110 - 125, [Oran Doyle] Book Chapter, 2018

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

Constraints on Constitutional Amendment Powers in, editor(s)Richard Albert, Xenephon Contiades and Alkmene Fotiadou, , The Foundations and Traditions of Constitutional Amendment, Oxford, Hart Publishing, 2017, pp73 - 95, [Oran Doyle] Book Chapter, 2017 TARA - Full Text

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

Constitutional Change and Interest Group Politics: Ireland's Children's Rights Amendment in, editor(s)Richard Albert, Xenophon Contiades, Alkmene Fotiadou , The Foundations and Tradition of Constitutional Amendment, Hart Publishing, 2017, pp199 - 218, [Oran Doyle and David Kenny] Book Chapter, 2017 TARA - Full Text

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

Administrative Action, the Rule of Law and Unconstitutional Vagueness in, editor(s)Laura Cahillane, Tom Hickey and James Gallen , Judges, Politics and the Irish Constitution, Manchester, Manchester University Press, 2017, pp237 - 251, [Oran Doyle] Book Chapter, 2017 TARA - Full Text

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

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

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

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

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

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

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

Oran Doyle, Law and Justice in Community: the Significance of the Living Law, Nordicum-Mediterraneum: Icelandic E-Journal of Nordic and Mediterranean Studies, 6, (2), 2011, p19 Journal Article, 2011 URL TARA - Full Text

Oran Doyle, Desmond Ryan, Judicial Interpretation of the European Convention on Human Rights Act 2003: Reflections and Analysis, Dublin University Law Journal, 33, 2011, p369 - 392 Journal Article, 2011 TARA - Full Text

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

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

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

Oran Doyle, Family Autonomy and Children's Best Interests: Ireland, Bentham and the Natural Law, International Journal of the Jurisprudence of the Family, 1, 2010, p55 - 76 Journal Article, 2010 TARA - Full Text

Sisterly Love: the Importance of Explicitly Assumed Commitment in the Legal Recognition of Personal Relationships in, editor(s)Lynn Wardle, Scott Fitzgibbon, A Scott Loveless , The Jurisprudence of Marriage and Other Intimate Relationships, USA, WS Hein & Co, 2010, pp329 - 351, [Oran Doyle] Book Chapter, 2010 TARA - Full Text

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

"Article 44: Privileging the Rights of the Faithful" in, editor(s)Eoin Carolan and Oran Doyle , The Irish Constitution: Governance and Values, Dublin, Round Hall Thomson, 2008, [Oran Doyle] Book Chapter, 2008

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

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

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

Moral Argument and the Recognition of Same-Sex Partnerships in, editor(s)Oran Doyle and William Binchy , Committed Relationships and the Law, Dublin, Four Courts Press, 2007, [Oran Doyle] Book Chapter, 2007 TARA - Full Text

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

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

The Separation of Powers and Constitutional Egalitarianism after the Health (Amendment) (No.2) Bill Reference in, editor(s)Eoin O'Dell , Older People in Modern Ireland: Essays on Law and Policy, Dublin, First Law, 2006, pp393 - 426, [Oran Doyle and Gerry Whyte] Book Chapter, 2006

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

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

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

Non-Peer-Reviewed Publications

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

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

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

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

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

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

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

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

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

Oran Doyle, Andrea Mulligan and Mary Rogan, Graduate Attributes, Curriculum Reform, and Pedagogical Innovation, LERU Law Schools Conference - The Future of Legal Pedagogy, Lund, 14 November 2018, 2018 Meeting Abstract, 2018

Constitutional Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2015, Dublin, Round Hall, 2017, [Oran Doyle and Estelle Feldman] Book Chapter, 2017

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

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

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

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

Ireland in, editor(s)Detlef Merten and Hans-Jurgen Papier , Handbuch der Grundrechte in Deutschland und Europa, Heidelberg, CF Muller GmbH, 2016, [Oran Doyle] Book Chapter, 2016

Constitutional Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2014, Dublin, Round Hall, 2015, [Oran Doyle and Estelle Feldman] Book Chapter, 2015

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

Constitutional Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2012, Dublin, Round Hall Press, 2013, pp117 - 202, [Oran Doyle] Book Chapter, 2013

Constitutional Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2011, Dublin, Round Hall Press, 2012, pp160 - 239, [Oran Doyle] Book Chapter, 2012

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

Constitutional Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2009, Dublin, Thomson Roundhall, 2010, pp188 - 258, [Oran Doyle and Estelle Feldman] Book Chapter, 2010

Doyle, Oran and Scannell, Yvonne, Town and County Planning and Natura 2000 in Ireland, Amenagement du Territoire Urbanisme et Reseau Natura 2000, 11, 2009, p190 - 206 Journal Article, 2009

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

Constitutional Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2008, Dublin, Round Hall Thomson, 2009, pp122 - 182, [Oran Doyle and Estelle Feldman] Book Chapter, 2009

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

Constitutional Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2007, Dublin, Round Hall Thomson, 2008, pp97 - 144, [Oran Doyle and Estelle Feldman] Book Chapter, 2008

Constitutional Law in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2005, Dublin, Thomson Roundhall, 2006, pp179 - 241, [Oran Doyle;Estelle Feldman] Book Chapter, 2006

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

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

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

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

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

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

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

Oran Doyle, Men of Straw? Change to the Rules of Locus Standi: An Unsuspected Side Effect of the McKenna and Hanafin Decisions, Trinity College Law Review, 1, 1998, p37- Journal Article, 1998

Research Expertise

Description

Prof Doyle is a leading expert on comparative constitutional law and theory, with a particular focus on foundational questions of constitutionalism: how are constitutions made? How do constitutions relate to a particular people and territory, particularly in contested cases of secession and territorial conflict? How are constitutions changed? In 2018, he published a monograph, 'The Constitution of Ireland: A Contextual Analysis' for Hart's series on Constitutional Systems of the World. This book provides the first analysis, richly informed by comparative study, of how the Irish Constitution as a whole operates in practice. Prof Doyle is currently collaborating with Prof Rachael Walsh on a number of papers related to Ireland's experiment with citizens' assemblies and how these may inform new approaches to constitutional amendment. Developing his previously published work on territory (International Journal of Constitutional Law, German Law Journal), Prof Doyle is developing a new research project on Constitutional Space. This will explore both how constitutions help to create and maintain territory and how constitutions respond to territorial contestation, whether in the form of secession, federalism, and conflicting territorial claims. Other recently published work explores various aspects of constitutional change, including informal change, constraints on amendment powers, interest-group politics, constitutional transitions, deliberative democracy, typologies of constitutional change, and populism.

Projects

  • Title
    • Measures on Access to Justice in Environmental Matters
  • Summary
    • Dr Doyle prepared the Irish report for a European Union project on the extent to which the laws of each Member State complied with Article 9(3) of the Aarhus Convention.
  • Funding Agency
    • European Commission
  • Date From
    • 01/01/2007
  • Date To
    • 12/07/2007

Keywords

Comparative Constitutional Law; Constitutional Law; Jurisprudence

Recognition

Representations

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

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

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

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

Global Associate Professor, Keio University, Tokyo 2018

Visiting Research Fellow, Bocconi University Milan 2017

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

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

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

External Examiner, NUI Galway 2015-2019

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

External Examiner, Griffith College Dublin 2008-2012

Awards and Honours

Elected to Fellowship of the College 2010

Provost's Teaching Award 2008

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

Awarded Gold Medal in LLB Degree 1999

Scholar of Trinity College Dublin 1997

Memberships

Irish Jurisprudence Society 2007 – Present

International Society of Public Law 2015 – Present

Law and Society Association 2016 – 2017

David Fennelly


Biography

I am a legal scholar and practitioner with an interest in the law in its European and international context and in the interaction between the study of law and legal practice.

In the Law School, I am responsible for the Clinical Legal Education programme which works in partnership with a wide range of leading legal practice settings across the public, private and not-for-profit sectors. In addition, I co-teach an LLM course on Data Protection: Law, Policy and Practice. I have taught EU and International Law on the LLM programme and coordinated the Foundations of Law course for Junior Freshman students.

My research interests are primarily in the field of public law in its European and international dimensions, with particular interest in human rights, equality, data protection and foreign affairs. I am also interested in more general issues relating to the legal system (particularly access to justice), the legal profession and legal education.

In addition to my academic work, I am a practising barrister in the Law Library, Dublin. Drawing on my academic expertise, I have a special interest in EU and international law, particularly in the fields of human rights, equality and data protection, and regularly appear in proceedings before the Irish superior courts and the Court of Justice of the European Union.

Publications and Further Research Outputs

Peer-Reviewed Publications

Articles 2 and 7, ICESCR in, editor(s)Prof. Dr. Eduardo Ales, Prof. Dr. Mark Bell, Prof. Dr. Olaf Deinert, Prof. Dr. Sophie Robin-Olivier , International and European Labour Law: A Commentary , Baden-Baden, Nomos / CH Beck / Hart , 2017, [Fennelly D] Book Chapter, 2017

Articles 1, 2 and 5, CEDR in, editor(s)Prof. Dr. Eduardo Ales, Prof. Dr. Mark Bell, Prof. Dr. Olaf Deinert, Prof. Dr. Sophie Robin-Olivier, , International and European Labour Law: A Commentary , Baden-Baden, Nomos / CH Beck / Hart , 2017, [Fennelly D] Book Chapter, 2017

Articles 1-4, 11, CEDAW in, editor(s)Prof. Dr. Eduardo Ales, Prof. Dr. Mark Bell, Prof. Dr. Olaf Deinert, Prof. Dr. Sophie Robin-Olivier, , International and European Labour Law: A Commentary , Baden-Baden, Nomos / CH Beck / Hart , 2017, [Fennelly D] Book Chapter, 2017

Article 26, ICCPR in, editor(s)Prof. Dr. Eduardo Ales, Prof. Dr. Mark Bell, Prof. Dr. Olaf Deinert, Prof. Dr. Sophie Robin-Olivier, , International and European Labour Law: A Commentary, Baden-Baden, Nomos / CH Beck / Hart , 2017, [Fennelly D] Book Chapter, 2017

RELUCTANT REFORMERS? FORMALISING JUDICIAL REGULATION IN IRELAND in, editor(s)Richard Devlin and Adam Dodek , REGULATING JUDGES: BEYOND INDEPENDENCE AND ACCOUNTABILITY, Edward Elgar, 2016, [Fennelly, D.] Book Chapter, 2016

David Fennelly, Cape Town Convention and International Sanctions, Cape Town Convention Academic Project, Oxford, 8/9 September 2015, 2015, University of Oxford - University of Washington - Invited Talk, 2015

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

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

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

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

Non-Peer-Reviewed Publications

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

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

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

David Fennelly, Data Retention - national and international perspectives, Academy of European Law - Annual Conference on Criminal Justice, Trier, Germany, 24/25 October 2017, 2017 Conference Paper, 2017

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

Fennelly D, The CJEU and the Political Organs in Data Protection Governance - Striking the Right Balance?, ICON-S Annual Conference , Copenhagen, 7 July 2017, 2017 Conference Paper, 2017

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

Fennelly, D., Protection from victimisation in the context of Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers: Report for Ireland, FresSco, 2016, 1-11 Report, 2016

FENNELLY, D., "Ever the Adversary?: the Legal Services Regulation Act 2015 and the Irish Legal Profession", International Legal Ethics Conference VII, , Fordham Law School, , 15-17 July 2016, 2016 Conference Paper, 2016

Fennelly, D., National report for Ireland on the application of Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers, FreSsco, 2016, 1-16 Report, 2016

Fennelly, D., "Managing Data's Borders: Towards a Global Framework for Data Protection?",, International Society of Public Law (ICON-S) Conference, , Humboldt University Berlin, 18 June 2016, 2016 Conference Paper, 2016

Fennelly, D., "Protecting Fundamental Rights in the Fight Against Cybercrime", , Academy of European Law/Irish Centre for European Law/Law Society of Ireland Conference,, Dublin Castle, 11 May 2016, 2016 Conference Paper, 2016

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

David Fennelly, Going against the (Transatlantic) Flow? The Search for an Effective Framework for International Data Transfers, LSE IT/Media Group - Specialist Seminar, Department of Law, London School of Economics, 18 November 2015, 2015, Dr. Orla Lynskey Invited Talk, 2015

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

David Fennelly, Learning How to Learn from Experience: Exploring the Educational Added Value of Clinical Legal Education, Developing Clinical Legal Education in Ireland Conference, NUI Galway, 26 April 2013, 2013 Conference Paper, 2013

David Fennelly, Review of Employment Equality Law , by Bolger, Bruton and Kimber , Dublin University Law Journal, 35, 2013 Review, 2013

Crotty's Long Shadow: the European Union, the United Nations and the Changing Framework of Ireland's International Relations in, editor(s)Eoin Carolan , The Irish Constitution: Perspectives and Prospects, Dublin, Bloomsbury Professional, 2012, [David Fennelly] Book Chapter, 2012

Research Expertise

Description

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

Keywords

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

Recognition

Representations

Member, Government Data Forum 2015 - present

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

Co-Editor, Dublin University Law Journal 2016

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 2008

TCD Broad Curriculum Studentship 2007-8

NYU Global Public Interest Fellowship 2005-6

NYU International Law and Human Rights Fellow 2005

NYU Merit Scholar 2004-5

Fulbright Scholar 2004-5

Non-Foundation Scholar 2002-3

Government of Ireland Easter Week Commemoration Patrick Pearse Scholar 2000

Law Research Fund Grant 2014

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

National Institute for Teaching Ethics & Professionalism Fellowship 2014

Memberships

Member, Irish Centre for European Law

Member and former Secretary, Irish Fulbright Alumni Association 2008

Member, European Network for Clinical Legal Education 2014

Sarah Hamill


Dr. Sarah Hamill
Assistant Professor, Law

Biography

Dr Sarah Hamill joined Trinity College Dublin in September 2017. She previously worked as a Lecturer at The City Law School, City, University of London, and prior to that she was the Catalyst Fellow at Osgoode Hall Law School in Toronto, Canada. She holds an LLB Honours from the University of Glasgow, an LLM from the University of Toronto, and a PhD in Law from the University of Alberta.

Dr Hamill's main areas of research are property law and legal history. She has published widely in both areas. Her research in property law focuses on the interaction of public and private claims in the context of property law. Current work includes an examination of easements of necessity, as well as socio-legal perspectives on property.

Dr Hamill's legal history research has focused on the regulation of alcohol in early-twentieth-century Canada and explored how the province of Alberta sought to make its liquor laws effective. This research included an examination of the role plebiscites played in shaping the regulation of alcohol. In addition to her research in property and legal history, Dr Hamill has also published in the area of public law, specifically equality, freedom of expression, and housing.

At Trinity, Dr Hamill teaches Private Law Remedies and English Land Law to undergraduate students, as well as leading a final-year dissertation research group on property law and theory.

Publications and Further Research Outputs

Peer-Reviewed Publications

Sarah E. Hamill, Review of Legal History, Social & Legal Studies, 2019 Journal Article, 2019 DOI

Sarah E Hamill, Bursting its Bounds: Ownership and the City, University of British Columbia Law Review, 51, (3), 2018, p739 - 772 Journal Article, 2018

Sarah E Hamill, Caught between Deference and Indifference: The Right to Housing in Canada, Canadian Journal of Human Rights, 7, (1), 2018, p67 - 95 Journal Article, 2018 URL

Pippa Feinstein & Sarah E. Hamill, The Silencing of LGBTTQQIA Voices in the Litigation over Trinity Western University's Proposed Law School, Windsor Yearbook of Access to Justice, 34, (2), 2017, p156 - 185 Journal Article, 2017 URL

Sarah E. Hamill, Sex, Race, and Motel Guests: Another Look at King v Barclay, Osgoode Hall Law Journal, 54, (3), 2017, p851 - 875 Journal Article, 2017 TARA - Full Text URL

Sarah E. Hamill, Community, Property, and Human Rights: The Failure of Property-as-Respect, Journal of Law and Social Policy, 27, 2017, p7 - 28 Journal Article, 2017 TARA - Full Text URL

Sarah E. Hamill, The Public Right to Fish and the Triumph of Colonial Dispossession in Ireland and Canada, University of British Columbia Law Review, 50, (1), 2017, p53 - 94 Journal Article, 2017 URL

Sarah E. Hamill, Of Malls and Campuses: The Regulation of University Campuses and Section 2(b) of the Charter, Dalhousie Law Journal, 40, (1), 2017, p157 - 187 Journal Article, 2017 TARA - Full Text

Sarah E. Hamill, The Alberta Liquor Control Board and the Question of Administrative Independence, 1924193, Alberta Law Review, 53, (3), 2016, p747 - 775 Journal Article, 2016 TARA - Full Text URL

Sarah E. Hamill, The Meta-Constitution: Amendment, Recognition, and the Continuing Puzzle of Supreme Law in Canada, Oxford University Commonwealth Law Journal, 16, (1), 2016, p28 - 64 Journal Article, 2016 DOI

Sarah E. Hamill, Liquor Laws, Legal Continuity, and Hotel Beer Parlours in Alberta, 1924 to c 1939, Histoire socilae/Social History, 49, (100), 2016, p581 - 602 Journal Article, 2016 URL

Sarah E. Hamill, Common Law Property Theory and Jurisprudence in Canada, Queen's Law Journal, 40, (2), 2015, p679 - 703 Journal Article, 2015 URL TARA - Full Text

Sarah E. Hamill, Prohibition Plebiscites on the Prairies: (Not-So) Direct Legislation and Liquor Control in Alberta, 1915 to 1932, Law and History Review, 33, (2), 2015, p377 - 410 Journal Article, 2015 URL DOI

Sarah E. Hamill, Location Matters: How Nuisance Governs Access to Property for Free Expression, University of British Columbia Law Review, 47, (1), 2014, p129 - 165 Journal Article, 2014 URL

Sarah E. Hamill, Making the Law Work: Alberta's Liquor Act and the Control of Medicinal Liquor from 1916 to 1924, Canadian Journal of Law and Society, 27, (2), 2012, p249 - 265 Journal Article, 2012 DOI

Sarah E. Hamill, Private Rights to Public Property: the Evolution of Common Property in Canada, McGill Law Journal, 58, (2), 2012, p365 - 403 Journal Article, 2012 URL

Sarah E. Hamill, Private Property Rights and Public Responsibility: Leaving Room for the Homeless, Windsor Review of Legal and Social Issues, 30, 2011, p91 - 114 Journal Article, 2011 URL

Non-Peer-Reviewed Publications

Sarah Hamill, The Properties of Universities and Universities' Property: Academic Freedom, Freedom of Expression, and Accessing Campuses, Free Speech on Campus, Toronto, ON, February 2019, 2019 Invited Talk, 2019

Sarah E Hamill, "Goodwill or Good excuse?: the origins and afterlife of Ulster Transport Authority v James Brown & Sons", Reputation as Property: perspectives from tort and property, Trinity College Dublin, January 2019, 2019 Oral Presentation, 2019

Sarah E. Hamill, Review of Property Law in a Globalizing World, by Amnon Lehavi , International and Comparative Law Quarterly, 2019 Review, 2019 DOI

Sarah Hamill, Review of New Perspectives on Land Registration , by Amy Goymour, Stephen Watterson, and Martin Dixon (eds) , Legal Studies, 39, (3), 2019, p550-553 Review, 2019 DOI

Sarah Hamill, Time, Contingency, and the Duty to Act like an Owner: What Adverse Possession Reveals about property, New Work in Property and Trusts Symposium, University College London, May 2019, 2019 Oral Presentation, 2019

Sarah Hamill, Public Rights of Way Over Private Land: Aberration, Interruption, or Correction?, Colloquium: Intersections in Private Law, Sydney, Australia, August 2019, 2019 Oral Presentation, 2019

Sarah Hamill, Thinking About Public Property: The Nature of Land, Owners, and Use, Annual Meeting of the Association for Law, Property and Society,, Maastricht University, May-June 2018, 2018 Oral Presentation, 2018

Sarah Hamill, Enduring Trespass and Challenging Property: What Adverse Possession Tells us About Property, Modern Studies in Property Law 2018, University College London, April 2018, 2018 Oral Presentation, 2018

Sarah Hamill, Charlie Wing and the Alberta Liquor Control Board: Anti-Chinese Racism and the Liquor Laws in Post-Prohibition Alberta, Law at the Crossroads - The Annual Meeting of the Law and Society Association, Toronto, ON, 2018 Oral Presentation, 2018

Sarah Hamill, Involuntary Transfers of Ownership and the Search for Certainty in Property, Modern Studies in Property Law Publication Workshop, Queen's College, Cambridge, April 2017, 2017 Oral Presentation, 2017

Sarah Hamill, Owners and Citizens: Entitlements to Property and Questions of Community, A Workshop on Property, Vulnerability, and Resilience, University of Essex, September 2017, 2017 Oral Presentation, 2017

Sarah Hamill, Bursting its Bounds: Ownership and the City, Property in the City, University of British Columbia, March 2017, 2017 Oral Presentation, 2017

Sarah Hamill, The Last Gasp of Temperance? Liberalising the Liquor Laws in Post-War Alberta, 1945-1958, Canada's Legal Past: Future Directions in Canadian Legal History, University of Calgary, July 2017, 2017 Oral Presentation, 2017

Sarah Hamill, "Fishing Rights and the Triumph of Colonial Dispossession" , Confronting the Violence of Capital, Historical Materialism 2016 Conference, York University, May 2016, 2016 Oral Presentation, 2016

Sarah E. Hamill, Ola Malik, Megan van Huizen, Tent Cities, Homelessness and the Charter: A Commentary on Abbotsford (City) v Shantz, Digest of Municipal and Planning Law, 7, (16), 2016, p1 - 6 Journal Article, 2016

Sarah Hamill, Sex, Race, and Motel Guests: Another Look at King v Barclay, Law, History, Authority - A Symposium in Honour of Douglas Hay, York University, May 2016, 2016 Oral Presentation, 2016

Sarah Hamill, A Theory of Urban Property, Challenging Traditional Notions of Property in Land Use Planning, Osgoode Hall Law School, York University, June 2016, 2016 Oral Presentation, 2016

Sarah E. Hamill, Ola Malik, Imposing Limits on the Public's Right to Access Transit Services: Is the Alberta Court of Appeal's Train of Thought in the Case of R v SA on the Right Track, Digest of Municipal and Planning Law, 6, (24), 2014, p1 - 8 Journal Article, 2014

Sarah Hamill, The Failure of Prohibition and the Success of Government Control: Legal Change in Alberta, Law on the Edge - Joint Meeting of the CLSA and LSA-ANZ, University of British Columbia, July 2013, 2013 Oral Presentation, 2013

Sarah E. Hamill, Judges and Religious-Based Reasoning: A Response to Ginn and Blaikie, Constitutional Forum constitutionnel, 21, (1), 2012, p15 - 24 Journal Article, 2012 URL

Sarah E. Hamill, McIvor v Canada and the 2010 Amendments to the Indian Act: A Half-hearted Remedy to Historical Injustice, Constitutional Forum constitutionnel, 19, (2), 2011, p75 - 84 Journal Article, 2011 URL

Sarah E. Hamill, Review of of Canadian State Trials, Volume III: Political Trials and Security Measures, 1840-1914 , by Barry Wright & Susan Binne , Labour/Le Travail, 66, 2010, p2 Review, 2010

Research Expertise

Description

Dr Hamill's areas of research are mainly in property law, property theory, and legal history. In particular her expertise lies in how the law understands public property, and in Canadian legal history. Dr Hamill's research has included both theoretical and doctrinal analyses, as well as using sociolegal approaches to law. Her research in legal history has included a large, mostly archival research project, as well as utilising an approach known as legal archaeology to explore a single case. Dr Hamill has published widely in both property law and legal history. Additionally, her published work has considered how property law intersects with civil liberties (such as freedoms of expression and religion, as well as, equality rights) and housing.

Keywords

Legal History; Property; Property Law; PROPERTY RIGHTS; Property Theory

Recognition

Awards and Honours

Eleanor Luxton Historical Foundation Graduate Fellowship 2012-2013

University of Alberta Foote Graduate Award 2011-2012

The Honourable N.D. McDermid Graduate Scholarship in Law 2009-2012

Alberta Law Foundation Ph.D Scholarship 2009-2011

University of Alberta, Faculty of Law Graduate Scholarship 2009-2010

Memberships

Society of Legal Scholars 2017

Canadian Law and Society Association 2010 – 2018

Socio-Legal Studies Association 2019

David Kenny


Dr. David Kenny
Assistant Professor, Law

Biography

Dr David Kenny is an Assistant Professor of Law in the Law School, teaching Irish and comparative constitutional law, conflict of laws, critical legal theory and law and literature. He is a graduate of Trinity College Dublin, Harvard Law School, and the Honourable Society of the King's Inns, and is a alumnus of the US State Department's Fulbright programme.

Dr Kenny's research specialises in Irish and comparative constitutional law. He is co-author of the recent 5th edition of Kelly: the Irish Constitution, the leading text on Irish Constitutional Law, as well as many peer-reviewed articles in leading national and international journals on topics such as proportionality, constitutional silence, referendums, and executive branch legal advisors. His current research projects focus on critical accounts of comparative constitutional law methodology, constitutional culture, and referendums, as well as on constitutional implications of Brexit for Ireland.

Dr Kenny has given expert evidence on constitutional issues to the Citizen's Assembly, the Joint Oireachtas Committee on the Eighth Amendment, and the Joint Oireachtas Committee on Justice and Defence. He is currently a member of the Working Group on Unification Referendums on the Island of Ireland, convened by the Constitution Unit of University College London and supported by funding from the British Academy and the Joseph Rowntree Charitable Trust. He is coordinator of the State Governance section of the Trinity College Dublin Covid-19 Legal Observatory.

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

He also has two PhD students under his supervision: Mr James Rooney, researching judicial attitudes to social and economic rights, and Mr Conor Casey, researching the theories of executive power.

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

Publications and Further Research Outputs

Peer-Reviewed Publications

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

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

The Constitutional Politics of a United Ireland in, editor(s)Oran Doyle, Aileen McHarg, Jo Murkins , Constitutions Under Pressure: The Brexit Challenge for Ireland and the UK (forthcoming), Cambridge University Press, 2021, [Oran Doyle, David Kenny, Christopher McCrudden] Book Chapter, 2021

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

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

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

Sovranità e Federalismo (Sovereignty and Federalism) in, editor(s)Guerino D'Ignazio , Il Sistema Costituzionale delgi Stati Uniti d'America (The Constitutional System of the United States) (FORTHCOMING), Wolters Kluwer, 2020, pp175 - 202, [David Kenny and Andrea Pin] Book Chapter, 2020

David Kenny and Conor Casey, Shadow Constitutional Review: The Dark Side of Pre-Enactment Political Review in Ireland and Japan, International Journal of Constitutional Law (ICON), 18, (1), 2020, p51 - 77 Journal Article, 2020

David Kenny and Conor Casey, The Attorney General, constitutional advice to government, and the case for transparency, Dublin University Law Journal , 42, (1), 2019, p24 - 49 Journal Article, 2019

The Failed Referendum to Abolish the Ireland's Senate: Rejecting Unicameralism in a Small and Relatively Homogenous Country in, editor(s)Richard Albert, Antonia Baraggia, Cristina Fasone , Constitutional Reform of National Legislatures Bicameralism under Pressure, Edward Elgar, 2019, pp163 - 182, [David Kenny] Book Chapter, 2019

Ireland in, editor(s)Carsten Gerner-Beuerle, Federico M Mucciarelli, Edmund Schuster and Mathias Sims , The Private International Law of Companies in the European Union, Munich, CH Beck, 2019, pp461 - 488, [Blanaid Clarke and David Kenny] Book Chapter, 2019

David Kenny, Criminal Assets Bureau v Murphy - just the exclusionary rule in a civil context, or a new approach to unconstitutionality in the criminal process?, Irish Supreme Court Review , 1, (1), 2019, p187 - 204 Journal Article, 2019

David Kenny, Proportionality and the Inevitability of the Local: a comparative localist analysis of Canada and Ireland, American Journal of Comparative Law, 66, (3), 2018, p537 - 578 Journal Article, 2018

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

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

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

Constitutional Change and Interest Group Politics: Ireland's Children's Rights Amendment in, editor(s)Richard Albert, Xenophon Contiades, Alkmene Fotiadou , The Foundations and Tradition of Constitutional Amendment, Hart Publishing, 2017, pp199 - 218, [Oran Doyle and David Kenny] Book Chapter, 2017 TARA - Full Text

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

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

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

Choice-of-Court Agreements, the Italian Torpedo, and the Recast of the Brussels I Regulation (republication) in, editor(s)Wendy Collins Perdue , Procedure and Private International Law, Edward Elgar, 2017, pp197 - 209, [David Kenny and Rosemary Hennigan] Book Chapter, 2017

Merit, Diversity, And Interpretive Communities: The (Non-Party) Politics Of Judicial Appointments And Constitutional Adjudication in, editor(s)Laura Cahillane, Tom Hickey, James Gallen , Politics, Judges, and the Irish Constitution, Manchester University Press, 2017, pp136 - 149, [David Kenny] Book Chapter, 2017

Defamation and Privacy and the Rome II Regulation in, editor(s)Peter Stone and Youseph Farah , Research Handbook on the Conflict of Laws, Elgar, 2015, pp315 - 343, [David Kenny and Liz Heffernan] Book Chapter, 2015

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

David Kenny and Rosemary Hennigan, Choice of Court Agreements, the Italian Torpedo, and the Recast of the Brussels I Regulation: a possible snag, International and Comparative Law Quarterly, 64, (1), 2015, p197 - 209 Journal Article, 2015

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

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

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

David Kenny, Re Flightlease: The 'Real And Substantial Connection' Test For Recognition And Enforcement Of Foreign Judgments Fails To Take Flight In Ireland, International and Comparative Law Quarterly, 63, (1), 2014, p197 - 212 Journal Article, 2014

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

David Kenny, Recent Developments in the Right of the Person in Article 40.3: Fleming v Ireland and the Spectre of Unenumerated Rights, Dublin University Law Journal, 2013, (36), 2013, p322 - 341 Journal Article, 2013

The Separation of Powers and Remedies: The Legislative Power and Remedies for Unconstitutional Legislation in Comparative Perspective in, editor(s)Eoin Carolan , The Constitution of Ireland: Perspectives and Prospects, Dublin, Bloomsbury Professional, 2012, pp191 - 216, [David Kenny] Book Chapter, 2012

David Kenny, Fair Procedures in Irish Administrative Law: Towards a Constitutional Duty to Act Fairly in Dellway Investments v NAMA, Dublin University Law Journal, 34, 2011, p47 - 73 Journal Article, 2011

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

Non-Peer-Reviewed Publications

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

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

David Kenny and Eoin Daly, Report on the Constitutional Limits of the "Money Message" Procedure under Article 17.2 of the Constitution of Ireland, May, 2019, 1-20 Report, 2019

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

David Kenny, Goshawk Dedicated Ltd v Life Receivables Ireland Ltd - Jurisdiction, Lis Alibi Pendens and Problematic Use of the Brussels Regime, Trinity College Law Review, 12, 2009, p1- Journal Article, 2009

Research Expertise

Keywords

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

Recognition

Awards and Honours

Provost's Award for Excellence in Teaching 2015

Ussher Fellowship, Trinity College Dublin 2009-2012

Fulbright Scholar 2008-2009

Memberships

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

Donna Lyons


Dr. Donna Lyons
Assistant Professor, Law

Biography

Donna Lyons, LL.B. (First Class Honours) (Trinity College Dublin), LL.M. (New York University), Ph.D. (Trinity College Dublin), Attorney-at-Law (New York) is Assistant Professor of International Law with the Trinity College Dublin School of Law.

Donna lectures in International Human Rights Law on the LL.B. programme and International Criminal Law on the LL.M. programme. She has previously lectured in European Human Rights Law on the LL.B. degree and supervises dissertations in the area of Public International Law at LL.M. level. Donna holds the administrative posts of coordinator for the Law and Political Science programme and coordinator for the Human Rights and Civil Liberties Working Group (Covid-19 Law and Human Rights Observatory). Donna acts as TCD expert representative to the Department of Foreign Affairs and Trade Committee on Human Rights.

Prior to taking up the Assistant Professor position at Trinity College, Donna lectured in International Human Rights Law at Dublin City University School of Law and Government. Donna has also held positions with the Law Reform Commission of Ireland and the Irish Department of Foreign Affairs and Trade.

Publications and Further Research Outputs

Peer-Reviewed Publications

Donna Lyons, Rights Restrictions and Public Health Crises: International Human Rights Law and Covid-19, Society of Legal Scholars Annual Conference (Civil Liberties and Human Rights Section), September 1st-4th, 2020 Oral Presentation, 2020

Donna Lyons, Reliance upon Public International Law Treaties for the Justification of Domestic Legislative Developments: Exploring Parts 2 and 3 of the Children and Family Relationships Act 2015 as a Case Study, Medico-Legal Journal of Ireland, 26(1), 2020, p17 - 30 Journal Article, 2020

Donna Lyons, Domestic Implementation of the Donor-Conceived Child's Right to Identity in Light of the Requirements of the United Nations Convention on the Rights of the Child, International Journal of Law, Policy and the Family, 32(1), 2018, p1 - 26 Journal Article, 2018

Donna Lyons and Donal Lyons, The Children and Family Relationships Act 2015 and Disclosure of Genetic Origins Information to Children: Donor-Conceived Perspectives, Irish Journal of Legal Studies, 2017 Journal Article, 2017

Donna Lyons, The Constitutionality of Extending the Right to Identity Provisions in the Children and Family Relationships Act 2015 to Donor-Conceived Children, Hibernian Law Journal, 2017 Journal Article, 2017

Donna Lyons, Extending the 'Right to Identity' to Donor-Conceived Children in Ireland: A Jurisdictional Case Study, Irish Journal of Legal Studies, 2016 Journal Article, 2016

Donna Lyons, Vindicating the Donor-Conceived Child's 'Right to Identity': Themes and Evaluation, Trinity College Dublin, 2016 Thesis, 2016

Law Reform Commission, Jury Service, (LRC 107-2013), 2013 Report, 2013

Law Reform Commission, Children and the Law: Medical Treatment, (LRC 103-2011), 2011 Report, 2011

Donna Lyons, Truth is Truth to the End of Reckoning: But How to Reckon Where Truth Be Found? Methodological Obstacles Facing the Legal Theorist in Attempting to Explicate the Nature of Law, Journal Jurisprudence, 2010 Journal Article, 2010

Non-Peer-Reviewed Publications

Donna Lyons, UN has a chance to win back support for its human rights framework, Business Post, 2020 Review Article, 2020

Donna Lyons & Constantine Boussalis, Climate Change and Human Rights Law: Annual Law and Political Science Panel Discussion, 2020, Trinity College Dublin Meetings /Conferences Organised, 2020

Donna Lyons, Human Rights in a Time of Crisis: International Human Rights Law and the Pandemic, Trinity Long Room Hub Arts & Humanities Research Institute Covid-19 Crisis Blog, 2020 Review Article, 2020

Donna Lyons, Rights Limitations and Derogations in International Law, Human Rights and Democracy after Covid-19, 2020, TRiSS & TriCon Invited Talk, 2020

Donna Lyons, Ratification of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights Particularly Pressing in Pandemic Context, Covid-19 Law and Human Rights Observatory, 2020 Review Article, 2020

Donna Lyons, Identity Construction and the Law: Recent Human Rights Law Developments in the Context of Access to Donor Information, Irish Association of Law Teachers Annual Conference, November 2019, 2019 Conference Paper, 2019

Donna Lyons, Human Rights in Ireland, 2019, Boston College, Dublin Invited Talk, 2019

Donna Lyons, Differentiating the European Union and the Council of Europe in European Human Rights Law, 2019, Department of History, TCD Invited Talk, 2019

Donna Lyons, The Right of the Donor-Conceived Child to be Heard in the Context of Access to Genetic Information, Children's Rights Network/TRICC Annual Conference, December 2019, 2019 Conference Paper, 2019

Donna Lyons, The Universal Declaration of Human Rights and the United Nations Convention on the Rights of the Child, The Universal Declaration of Human Rights at 70, Maynooth University, June 2018, 2018 Conference Paper, 2018

Donna Lyons, International Refugee Law and the Impact of International Criminal Court Jurisprudence, Irish Association of Law Teachers Annual Conference, November 2018, 2018 Conference Paper, 2018

Donna Lyons, The Constitutionality of Extending the 'Right to Identity' to Donor-Conceived Children in Ireland, The Constitution at 80, University of Limerick 2017, November 2017, 2017 Conference Paper, 2017

Donna Lyons, The Right of the Donor-Conceived Child to Access Information Relating to Genetic Origin, King's College London Law Conference , April 2016, 2016 Conference Paper, 2016

Donna Lyons, The Donor-Conceived Child's Right to Identity: Comparative Jurisdictional Approaches and the United Nations Convention on the Rights of the Child, Queen Mary University of London Law Conference, June 2016, 2016 Conference Paper, 2016

Donna Lyons, The Children and Family Relationships Act 2015 and Donor Conception: Applying Lessons Learned from International Law, Comparative Law and Social Sciences, Griffith College Dublin Law Conference , June 2016, 2016 Conference Paper, 2016

Donna Lyons, Vindicating the Donor-Conceived Child's 'Right to Identity' in Irish Law: Themes and Evaluation, Trinity College Dublin Law Colloquium, January 2016, 2016 Conference Paper, 2016

Donna Lyons, Maximising Justice: Using Transitional Justice Mechanisms to Address Questions of Development in Nepal, Trinity College Law Review, 2010 Journal Article, 2010

Donna Lyons, Limiting the Potential for Bystander Apathy: On the Introduction of a Duty to Rescue in International Law, Cork Online Law Review, 9, 2010 Journal Article, 2010

Donna Lyons, Dworkin and Judicial Discretion: A Critical Analysis of the Pre-Existence Thesis, Trinity College Law Review, 2008 Journal Article, 2008

Recognition

Representations

Trinity College Dublin representative to Department of Foreign Affairs and Trade Committee on Human Rights 2019-2020

Awards and Honours

TRiSS Academic Research Fellowship Grant 2019-2020

Society of Legal Scholars Events Fund Grant Award June 2020

Trinity Covid-19 Response Fund Grant Award (Co-Investigator; 20,000 Euro) May 2020

TCD Faculty of Arts Humanities and Social Sciences Events Fund Grant Award May 2020

Society of Legal Scholars Research Activities Fund Grant Award April 2020

TCD Arts and Social Sciences Benefactions Fund Research Grant Award January 2020

Best Article Prize, Hibernian Law Journal 2017

Arthur Cox Fellowship (12,000 Euro per year) 2013-2015

Postgraduate Research Studentship, Trinity College Dublin (10,000 Euro per year) 2012-2015

Early Career Research Fellow Trinity College Dublin Long Room Hub 2013-2014

New York University Center for Human Rights and Global Justice Law Student Advocate 2009

Desmond and Maud O'Connor Prize: Best Research Dissertation 2008

Irish Jurisprudence Society Essay Prize 2008

Best Article Prize, Trinity College Law Review 2008

Memberships

Attorney-at-Law (New York) 2011 – present

Society of Legal Scholars 2019 – present

Irish Association of Law Teachers 2017 – 2020

Irish Society of International Law 2013 – 2020

Andrea Mulligan


Dr. Andrea Mulligan
Assistant Professor, Law

Biography

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

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

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

I graduated from the LL.B programme at the School of Law, before going on to study on the LL.M programme at Harvard Law School, where I specialised in reproductive technologies and constitutional law. I returned to TCD for my doctoral studies, and was awarded my doctorate in 2014, for my thesis entitled "Fundamental Right and Organising Principles in the Regulation of Assisted Reproduction in Ireland." I was called to the Bar of Ireland in 2012.

Publications and Further Research Outputs

Peer-Reviewed Publications

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

Redressing Unauthorised Vaginal Examination Through Litigation in, editor(s)Camilla Pickles and Jonathan Herring , Women's Birthing Bodies and the Law: Unauthorised Intimate Examinations, Power and Vulnerability, Oxford, Hart Publishing , 2020, [Andrea Mulligan] Book Chapter, 2020

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

Surrogacy Law in Ireland: The Troubling Consequences of Legislative Inertia in, editor(s)Peter Dunne and Lynsey Black , Law and Gender in Modern Ireland, Hart Publishing , 2019, pp117 - 136, [Andrea Mulligan] Book Chapter, 2019

Andrea Mulligan, Identity Rights and Sensitive Ethical Questions: The European Convention on Human Rights and the Regulation of Surrogacy Arrangements, Medical Law Review, 2018, p449 - 475 Journal Article, 2018

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

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

Andrea Mulligan, Self-Determination, Capacity and the Right to Die by Hunger Strike: Governor of X Prison v PMcD, Irish Jurist, 54, (2), 2015, p165 - 172 Journal Article, 2015

Andrea Mulligan, The Right to Travel for Abortion Services: A Case Study in "Cross-Border Reproductive Care, European Journal of Health Law, 22, (3), 2015, p239 - 266 Journal Article, 2015

Andrea Mulligan, Article 8 and the Right to Respect for the Decision to Have or Not to Have a Child, European Human Rights Law Review, 4, 2014, p378 - 387 Journal Article, 2014

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

Andrea Mulligan, From Murray v Ireland to Roche v Roche: Re-Evaluating the Right to Procreate in the Context of Assisted Reproduction, Dublin University Law Journal, 35, 2012, p261 - 291 Journal Article, 2012

Andrea Mulligan, Tortious Liability for Mistakes in IVF: Duty of Care, Public Policy and the Non-Identity Problem in A(A Minor) and B(A Minor) v A Health and Social Services Trust, Dublin University Law Journal, 34, 2011, p256 - 270 Journal Article, 2011

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

Non-Peer-Reviewed Publications

Andrea Mulligan, Regulating Abortion in the Republic of Ireland, Regulating Abortion: The English, French and Irish Perspectives, Bar Library, Inn of Court of Northern Ireland, 30 January 2020, 2020, European Circuit/Bar of Northern Ireland Invited Talk, 2020

Andrea Mulligan, Protecting the Best Interests of the Future Child in the Regulation of Gene Editing Technologies, European Association of Health Law Conference, Toulouse, September 2019, 2019 Oral Presentation, 2019

Andrea Mulligan, Protecting the Best Interests of the Child in the Regulation of Gene Editing Technologies, 33rd European Conference on Philosophy of Medicine and Healthcare (ESPMH), Oslo, August 2019, 2019 Oral Presentation, 2019

Andrea Mulligan, Should there be a Legal Right to Know your Surrogate? Identity and the Role of Gestational Motherhood, British Sociology Association, Human Reproduction Study Group Annual Conference, May 2018, 2018 Oral Presentation, 2018

Oran Doyle, Andrea Mulligan and Mary Rogan, Graduate Attributes, Curriculum Reform, and Pedagogical Innovation, LERU Law Schools Conference - The Future of Legal Pedagogy, Lund, 14 November 2018, 2018 Meeting Abstract, 2018

Andrea Mulligan, Article 8 ECHR and the Right to Identity in Assisted Human Reproduction, Society of Legal Scholars Annual Conference, London, September 2018, 2018 Oral Presentation, 2018

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

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

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

International Conference on Reproductive Rights, New Reproductive Technologies and the European Fertility Market, Gamete Donation Across International Borders: The Challenge of Ensuring Donor Contact in Europe, International Conference on Reproductive Rights, New Reproductive Technologies and the European Fertility Market, Santander, Spain, 2015 Oral Presentation, 2015

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

Andrea Mulligan, The Human Fertilisation and Embryology Acts and the Protection of the Best Interests of Future Children., Postgraduate Bioethics Conference, King's College London, May 2013, 2013 Oral Presentation, 2013

Andrea Mulligan, Crafting a Legal Framework for Assisted Reproduction: Values, Rules and Judicial Incrementalism, Irish Association of Law Teachers Annual Conference, Dublin, November 2012, 2012 Meeting Abstract, 2012

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

Andrea Mulligan, Revising the Meaning of Life: Legal Protection of Embryos in Ireland and Germany and Assisted Human Reproduction, Irish Society of Comparative Law, UCD, April 2011, 2011 Oral Presentation, 2011

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

Recognition

Representations

Engaged as an academic expert by the UK Secretary of State for Health and Social Care to provide an expert report for the High Court of England and Wales on surrogacy laws in the Member States of the Council of Europe. Report cited by Mrs Justice Lieven of the High Court of England and Wales in her judgment. February/August 2019

Commissioned by Special Rapporteur for Children Geoffrey Shannon to work on legal report on discovery of mass graves at Tuam Mother & Baby Home. Report contributed to ultimate decision by government to exhume bodies. 2018 - 2019

Briefed by Attorney General to represent State in case of IRM v Minister for Justice before the Supreme Court. Case defined scope of right to life of unborn, prior to repeal of 8th Amendment. February 2018

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

Council Member, Irish Association of Law Teachers 2019 to date

Medical Law Review, Peer Reviewer

Journal of Medical Ethics, Peer Reviewer

Medical Law International, Peer Reviewer

Fulbright Commission, Interview Panel for Law Scholarships 2016-2017

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

Member, Incorporated Council for Law Reporting in Ireland. This is the body that is responsible for the reporting of cases of the Superior Courts of Ireland. 2019 to date

Commissioned by Special Rapporteur for Children Geoffrey Shannon to prepare a report on uncommenced sections of the Children and Family Relationships Act 2015 relating to assisted human reproduction. October 2016

Awards and Honours

Elected to Scholarship, Trinity College Dublin 2007

Lucy Gwynn Prize, Trinity College Dublin 2007

Kingsmill Moore Prize 2008

Fulbright Scholarship 2009

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

Ussher PhD Fellowship, Trinity College Dublin 2010-13

Memberships

European Association of Health Law

International Association of Bioethics

Northern/Irish Health Law and Ethics Network

Ethics, Law and Pregnancy in Ireland Network (ELPIN)

Bar of Ireland October 2014 – To date

David Prendergast


Biography

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

Publications and Further Research Outputs

Peer-Reviewed Publications

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

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

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

David Prendergast, The presumption pertaining to murder mens rea in section 4(2) of the Criminal Justice Act 1964, Irish Jurist, (60), 2018, p167 - 179 Journal Article, 2018

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

David Prendergast, A critical review of the Court of Appeal interpretation of self-defence in the Non-Fatal Offences Against the Person Act 1997, Irish Criminal Law Journal, 28, (3), 2018, p58 - 63 Journal Article, 2018

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

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

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

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

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

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

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

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

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

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

Non-Peer-Reviewed Publications

David Prendergast, On relocating and refurbishing consent in sexual offences, Perspectives on Consent in Sexual Offences Workshop, Queen's University Belfast, 28 February 2020, edited by Eithne Dowds , 2020 Conference Paper, 2020

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

David Prendergast, Criminal Law and Morality: the common architecture, Symposium on David O Brink's Fair Opportunity, Responsibility and Excuse, Somerville College, University of Oxford, 20 March 2019, edited by Anthony Skelton and Lisa Forsberg , 2019 Conference Paper, 2019

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

David Prendergast, Limiting consent in criminal law: DPP v Brown [2018] IESC 67, Irish Supreme Court Review, Trinity College Dublin, 12 October 2019, edited by Eoin O'Dell , 2019 Conference Paper, 2019

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

David Prendergast, Recent developments in criminal defences and mens rea: a retreat from subjectivism?, Criminal law: Recent trends and developments, Trinity College Dublin, 19 April, edited by Liz Heffernan , 2018 Conference Paper, 2018

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

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

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

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

David Prendergast, Book Review: Justice, Mercy, and Caprice: Clemency and the Death Penalty in Ireland I. O'Donnell, Howard Journal of Crime and Justice, 57, (4), 2018, p604 - 607 Journal Article, 2018

David Prendergast, The constitutional control of vague criminal law, Constitution at 80, University of Limerick, 7 November 2017, edited by Laura Cahillane and David Kenny , 2017 Conference Paper, 2017

David Prendergast, Constitutional review of democratic processes, Popular Will, Electoral Democracy and the Courts, University of Padua, 16-17 November 2017, edited by Andrea Pin , 2017 Conference Paper, 2017

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Research Expertise

Description

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

Keywords

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

Recognition

Representations

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

Co-editor of the Criminal Law and Practice Review 2014

Awards and Honours

Provost's Teaching Award (early career) winner 2014

Shortlisted for Provost's Teaching Award 2013

TCD Postgraduate Studentship 2007

Sir Jack Jacob Prize for Civil Justice, UCL 2006

Memberships

Irish Jurisprudence Society 2007 – present

Irish Association of Law Teachers (IALT)

Suryapratim Roy


Mr. Suryapratim Roy
Assistant Professor, Law

Biography

I'm delighted to join Trinity as an Assistant Professor in Regulatory Law. I will be lecturing Environmental Law on the LLB Programme and Law & Risk on the LLM Programme. Prior to this, I have taught and written on climate law, economics of regulation and development studies at the University of Groningen. Given the intimate relationship between regulation and behaviour, I turn to legal theory, comparative legal studies and interdisciplinary epistemology in my work. Researchers seeking to explore how law understands, shapes and responds to individual or institutional behaviour in different fields of activity are most welcome to get in touch. Before joining academia, I have been a researcher with the South African Institute of International Affairs in Johannesburg and practised infrastructure law in the Mumbai offices of Amarchand & Mangaldas & Suresh A. Shroff & Co. I hold a BA, LLB (Honours) from the National Academy of Legal Studies and Research, India, a dual-masters in Law and Economics from the University of Hamburg and the University of Vienna, and a PhD from the University of Groningen.

Publications and Further Research Outputs

Peer-Reviewed Publications

Distributional Concerns in Environmental Policy Instruments in, editor(s)Kenneth R. Richards and Josephine van Zeben , Policy Instruments in Environmental Law, Cheltenham, UK, Edward Elgar Publishing, 2020, pp27 , [Suryapratim Roy] Book Chapter, 2020 URL

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

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

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

Suryapratim Roy, Situating the Individual within Climate Law: A behavioural law and economics approach to end-user emissions trading, University of Groningen, The Netherlands, 2017 Thesis, 2017

Distributive Choices in Urgenda and EU Climate Law in, editor(s)Martha Roggenkamp and Catherine Banet , European Energy Law Report XI, Cambridge, UK, Intersentia, 2017, pp47 - 68, [Suryapratim Roy] Book Chapter, 2017

Suryapratim Roy, Mediators and Moderators of Normative Reductionism: Towards a testimonial approach to expertise in legal inquiry, European Journal of Risk Regulation, 7, (3), 2016, p532- Journal Article, 2016

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

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

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

Justice as Europe's Signifier in, editor(s)Dimitry Kochenov, Gráinne de Búrca, Andrew Williams , Europe's Justice Deficit?, Oxford, Hart Publishing, 2015, pp79 - [Suryapratim Roy] Book Chapter, 2015

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

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

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

End-user Emissions Trading: What, why, how and when in, editor(s)Martha Roggenkamp and Olivia Woolley , European Energy Law Report IX, Belgium, Intersentia, 2012, pp111 - 142, [Suryapratim Roy & Edwin Woerdman] Book Chapter, 2012

Suryapratim Roy, From 'Crowding Out' to 'Crowding In': Towards an institutional analysis of Climate Adaptation Funds, South African Institute of International Affairs Occasional Paper , 119, Johannesburg, South African Institute of International Affairs, 2012, 30 Report, 2012

Suryapratim Roy, Tsidiso Disenanya & Sheila Kiratu, Clean Energy Investment in Developing Countries: Domestic Barriers and Opportunities in South Africa, Trade, Investment and Climate Change Series, Winnipeg, Manitoba, Canada, International Institute for Sustainable Development, June, 2010, 77 Report, 2010

Suryapratim Roy & Sheila Kiratu, Beyond Barriers: the Gender Implications of Trade Liberalisation in Southern Africa, Trade Knowledge Network Series, Winnipeg, Manitoba, Canada, International Institute for Sustainable Development, February, 2010, 30 Report, 2010

Financing Solutions to Climate Change in sub-Saharan Africa: Towards an assessment of Institutional and Market Challenges in, editor(s)Peter Draper and Ivan Mbiri , Climate Change and Trade: the Challenges for Southern Africa', Johannesburg, Jacana Publishers, 2010, pp27 , [Suryapratim Roy & Sheila Kiratu] Book Chapter, 2010

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

Non-Peer-Reviewed Publications

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

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

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

Suryapratim Roy, Discursive and Distributive Choices in the EU Social Market Economy, Review of 'The EU Social Market Economy and the Law:Theoretical Perspectives and Practical Challenges for the EU (Abingdon: Routledge, 2019)' , by Delia Ferri and Fulvio Cortese , Common Market Law Review, 56, (5), 2019, p1427 - 1430 Review, 2019 URL

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

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

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

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

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

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

Suryapratim Roy, Plenary talk on 'Climate Change and Tort', Plenary of the Annual Conference on the Common Core of European Private Law, Lecce, Italy, November, 2016, Common Core of European Private Law Invited Talk, 2016

Suryapratim Roy, Review of Recent Works in Comparative Law, Review of Practice and Theory of Comparative Law, by Maurice Adams and Jacco Bomhoff , Common Market Law Review, 51, 2014, p3 Review, 2014

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

Recognition

Representations

Reviewer for the following journals: 1) Carbon and Climate Law Review 2) European Journal of Risk Regulation 3) European Journal of Comparative Law and Governance 4) European Journal of Law & Economics 5) Environmental Science & Policy 6) Dublin University Law Journal 7) German Yearbook of International Law

Visiting Lecturer, Bocconi University, Milan 2017

Designed preliminary materials on 'Conceptualising Investment Migration' for the Investment Migration Council Education Project 2019

Awards and Honours

Workshop Grant, Human Development & Capability Association, Harvard Global Equity Initiative, 2014

Promovendus funding, Faculty of Law, University of Groningen, 2011

Erasmus Mundus Scholar 2009-2010

Young Leader for a Sustainable Future Grant, International Institute for Sustainable Development, 2008

Memberships

Academic Association for Contemporary European Studies (UACES) 2015

European Union Studies Association 2016

Society for Environmental Law and Economics (SELE) 2014

Human Development and Capabilities Association 2015

International Society of Public Law

Dutch Energy Law Association 2014

Bar Council of India 2008

Law and Society Association 2017

Rachael Walsh


Dr. Rachael Walsh
Assistant Professor, Law

Biography

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

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

Publications and Further Research Outputs

Peer-Reviewed Publications

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

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

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

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

The Marginality of Property in Expropriation Law: A Comparative Assessment in, editor(s)Gustav Muller, Reghard Brits, Bradley Slade, Jeannie van Eyk , Transformative Property Law, South Africa, Juta, 2018, pp21 - 51, [Bradley Slade and Rachael Walsh] Book Chapter, 2018

Comparative Constitutional Property Law in, editor(s)Lionel Smith and Michele Graziadei , Research Handbook on Comparative Property Law, US, Elgar, 2017, pp193 - 216, [Rachael Walsh and Andre van der Walt] Book Chapter, 2017

Reviewing Expropriations: The Search for 'External Guidance" in, editor(s)Hanri Mostert and Leon Verstappen , Rethinking Public Interest in Expropriation Law, The Netherlands and South Africa, Eleven Publishing and Juta Publishing, 2015, [Rachael Walsh] Book Chapter, 2015

Belfast Corporation v OD Cars - Setting Parameters for Restricting Use in, editor(s)Robin Hiickey, Simon Douglas and Emma Waring , Landmark Cases in Property Law, Oxford: UK, Hart Publishing, 2015, pp227 - 252, [Rachael Walsh] Book Chapter, 2015

Rachael Walsh, Stability and Predictability in English Property Law - The Impact of Article 8 of the European Convention on Human Rights Reassessed, Law Quarterly Review, 131, (October), 2015, p585 - 609 Journal Article, 2015

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

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

Rachael Walsh and Eloise Scotford, The Symbiosis of Property and English Environmental Law - Property Rights in a Public Law Context, Modern Law Review, 76, 2013, p1010- Journal Article, 2013

The Evolving Relationship Between Property and Participation in English Planning Law in, editor(s)Nick Hopkins , Modern Studies in Property Law Volume 7, Oxford, UK, Hart Publishing, 2013, pp283 - [Rachael Walsh] Book Chapter, 2013

King's Law Journal, Special Edition, 'The Interface of Public and Private Concepts of Property', 24, 2, (2013), Rachael Walsh, Tanya Aplin, Leslie Turano-Taylor, [eds.], Special Edition Editor Journal, 2013

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

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

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

Rachael Walsh , The Principles of Social Justice - The Compulsory Acquisition of Private Property for Redevelopment in the United States and Ireland, Dublin University Law Journal , 32, 2010, p1- Journal Article, 2010

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

Non-Peer-Reviewed Publications

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

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

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

Research Expertise

Description

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

Projects

  • Title
    • RESILENS
  • Summary
    • Funded H2020 interdisciplinary project, working with SME's, public bodies and academics on resilience planning in core infrastructure development.
  • Funding Agency
    • EU Commission
  • Date From
    • Estimated June 2015

Keywords

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

Recognition

Representations

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

Board member, Modern Studies in Property Law. This is a highly prestigious international property law group, focused on a large conference and a research workshop every two years, as well as a resulting peer-reviewed publication. Jan 2016 to date

Fellow, South African Research Chair in Property Law - appointed on the basis of outstanding research in comparative constitutional property law, functions include attending at the Chair to carry out research, delivery of graduate seminars and examination of PhD's. 2012 - to date

External reviewer for the South African research funding body, the National Research Foundation. Functions include reviewing and assessing research outputs from individual researchers, and reviewing institutions from a teaching and learning, as well as a research perspective. 2016-to date

Peer-reviewer, Cambridge University Press 2017-to date

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

Member, Editorial Board, King's Law Journal 2011

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

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

Member, Expert Group on Expropriation September 2013 to date

Awards and Honours

Provost's Teaching Award April 2018

Accelerated Advancement in the Assistant Professor grade April 2016

Ussher Award for PhD studies June 2008

Fulbright Scholar Award June 2007

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

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

Gold Medal Award, TCD December 2007

Henry Hunter Hamilton Prize, TCD June 2007

Memberships

Board Member, Modern Studies in Property Law: Modern Studies in Property Law is the leading UK property law conference, which meets biennially in full conference format, and in workshop format on alternate years. It results in a prestigious peer-reviewed edited collection published by Hart. The Board steers conference activities and also manages a research mentoring programme and support for postgraduate research. January 2015 – to date

Fellow, South African Research Chair in Property Law Group: The Research Chair is the leading centre for property law research in South Africa, which has a central role in crucial debates concerning access to housing and land. As a Fellow, I contribute to the centre's research activities and to its postgraduate programmes, through teaching and as a PhD examiner. November 2012

Member, Expert Group on Expropriation: The Expert Group brings together by invitation leading academics and practitioners working in the field of expropriation law to develop good governance standards in expropriation, in particular with a view to securing sustainable development. The Group holds regular international conferences and publishes peer-reviewed edited collections. September 2013 – to date

Member, Society of Legal Scholars 2010 – to date

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

Member, Irish Association of Law Teachers 2018 – to date

Member, International Society of Public Law 2018 – to date

Member, Young Property Lawyers' Association 2008 – to date

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

Member, Irish Jurisprudence Society September 2008 – to date

Gerry Whyte


Biography

Gerard F Whyte BCL (NUI), LLM (NUI), LL.D. (NUI), BL, MA FTCD (1990), Barrister-at-Law. Gerry Whyte is a Professor in Trinity Law School and a Fellow of Trinity College. The author and co-author of books on public interest law, constitutional law and trade union law, he has also edited books on aspects of law and religion and Irish social welfare law and has published extensively in the areas of public interest law, constitutional law, social welfare law and labour law. He is also active in a number of social justice and legal aid organisations and is a former member of the Commission on Assisted Human Reproduction and of the Steering Group of Irish Council of People with Disabilities. His research interests are public interest law, constitutional law, labour law, social welfare law, law and religion.

Publications and Further Research Outputs

Peer-Reviewed Publications

Litigating the Right to Inclusive Education under Irish Law in, editor(s)Gauthier de Beco, Shivaun Quinlivan, Janet Lord , The Right to Inclusive Education in International Human Rights Law, Cambridge, Cambridge University Press, 2019, pp497 - 513, [Gerry Whyte] Book Chapter, 2019

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

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

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

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

Public Interest Litigation in Ireland and the European Convention on Human Rights Act 2003 in, editor(s)Suzanne Egan, Liam Thornton and Judy Walsh , Ireland and the ECHR: 60 Years and Beyond, Dublin, Bloomsbury, 2014, pp257 - 279, [Gerry Whyte] Book Chapter, 2014

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

The Efficacy of Public Interest Litigation in Ireland in, editor(s)Professor Tiya Maluwa , Law, Politics and Rights: Essays in memory of Kader Asmal, Leiden, Brill , 2013, pp252 - 284, [Gerry Whyte] Book Chapter, 2013

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

Gerry Whyte, A Tale of Two Cases - Divergent Approaches of the Irish Supreme Court to Distributive Justice, Dublin University Law Journal, 32, 2010, p365 - 379 Journal Article, 2010

G.F. Whyte, "The Frontiers of Religious Liberty: A Commonwealth Celebration of the 25th Anniversary of the U.N. Declaration on Religious Tolerance - Ireland, Emory International Law Review, Vol.21, (No.1), 2007, p43 - 76 Journal Article, 2007

The Separation of Powers and Constitutional Egalitarianism after the Health (Amendment) (No.2) Bill Reference in, editor(s)Eoin O'Dell , Older People in Modern Ireland: Essays on Law and Policy, Dublin, First Law, 2006, pp393 - 426, [Oran Doyle and Gerry Whyte] Book Chapter, 2006

Gerry Whyte, The role of the Supreme Court in our democracy: A response to Mr. Justice Hardiman, Dublin University Law Journal, 28, 2006, p1 - 26 Journal Article, 2006

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

Gerry Whyte (with Eoin O'Dell), Is This a Country for Old Men and Women? - In re Article 26 and the Health (Amendment) (No.2) Bill 2004 , Dublin University Law Journal, 27, 2005, p368 - 392 Journal Article, 2005

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Non-Peer-Reviewed Publications

Social Welfare Law 2017-18 in, editor(s)Raymond Byrne and William Binchy , Annual Review of Irish Law 2018, Dublin, Round Hall, 2019, pp542 - 565, [Mel Cousins and Gerry Whyte] Book Chapter, 2019

Public Interest Litigation - an evaulation in, editor(s)Ivana Bacik and Mary Rogan , Legal Cases that Changed Ireland, Dublin, Clarus Press, 2016, pp109 - 116, [Gerry Whyte ] Book Chapter, 2016

Social Welfare Law in, editor(s)R Byrne and W Binchy , Annual Review of Irish Law 2015, Dublin, Round Hall, 2016, pp676 - 685, [Gerry Whyte and Mel Cousins] Book Chapter, 2016

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

Social Welfare Law in, editor(s)R Byrne and W Binchy , Annual Review of Irish Law 2014, Dublin, Round Hall, 2015, pp619 - 638, [Gerry Whyte and Mel Cousins] Book Chapter, 2015

Social Welfare Law in, editor(s)R Byrne and W Binchy , Annual Review of Irish Law 2013, Dublin, Round Hall, 2014, pp535 - 547, [Gerry Whyte and Mel Cousins] Book Chapter, 2014

Social Welfare Law in, editor(s)R Byrne and W Binchy , Annual Review of Irish Law 2012, Dublin, Round Hall, 2013, pp546 - 554, [Gerry Whyte and Mel Cousins] Book Chapter, 2013

Social Welfare Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2011, Dublin , Round Hall, 2012, pp583 - 599, [Gerry Whyte and Mel Cousins] Book Chapter, 2012

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

Social Welfare Law in, editor(s)R Byrne and W Binchy , Annual Review of Irish Law 2010, Dublin, Round Hall, 2011, pp592 - 598, [Gerry Whyte] Book Chapter, 2011

Social Welfare Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2009, Dublin, Round Hall , 2010, pp711 - 719, [Gerry Whyte] Book Chapter, 2010

Social Welfare Law 2008 in, editor(s)William Binchy and Raymond Byrne , Annual Review of Irish Law 2008, Dublin, Round Hall, 2009, pp581 - 586, [Gerry Whyte] Book Chapter, 2009

Social Welfare Law 2007 in, editor(s)William Binchy and Raymond Byrne , Annual Review of Irish Law 2007, Dublin, Round Hall, 2008, pp513 - 524, [Gerry Whyte] Book Chapter, 2008

On the Meaning of 'Religion' under the Irish Constitution in, editor(s)Eoin Carolan and Oran Doyle , The Irish Constitution: Governance and Values, Dublin, Thomson Round Hall, 2008, pp446 - 462, [Gerry Whyte] Book Chapter, 2008

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

Social Welfare Law 2006 in, editor(s)William Binchy and Raymond Byrne , Annual Review of Irish Law 2006, Dublin, Thomson Round Hall, 2007, pp524 - 534, [Gerry Whyte] Book Chapter, 2007

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

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

Social Welfare Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2005, Dublin, Thomson Round Hall, 2006, pp625 - 632, [Gerry Whyte] Book Chapter, 2006

Social Welfare Law in, editor(s)R. Byrne and W. Binchy , Annual Review of Irish Law 2004, Dublin, Thomson Round Hall, 2005, pp449 - 458, [Gerry Whyte] Book Chapter, 2005

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

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

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

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

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

Socio-Economic Rights and the Irish Constitutio in, editor(s)Lavan , Social Rights and Social Cohesion, IEA/Dept. of Social, Community and Family Affairs, 2003, [Whyte, G.] Book Chapter, 2003

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

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

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

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

Gerry Whyte , Discerning the philosophical premises of the Report of the Constitution Review Group, Contemporary Issues in Irish Law and Politics, Vol. 2, 1998, p216 - 238 Journal Article, 1998

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

some Reflections on the Role of Religion in the Constitutional Order in, editor(s)Tim Murphy and Patrick Twomey , Ireland's Evolving Constitution 1937-1997, Oxford, Hart Publishing, 1998, pp51 - 64, [Gerry Whyte] Book Chapter, 1998

A comment on the Constitution Review Group's proposals on equality in, editor(s)Byrne and Duncan , Developments in discrimination law in Ireland and Europe, ICEL, 1997, [Whyte, G.] Book Chapter, 1997

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

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

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

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

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

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

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

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

Whyte, G., O'Connor v. Irish Press Newspapers Ltd.: a short comment on the role and procedures of the Social Welfare Tribunal, Employment Law Reports, xxiv, 1995 Journal Article, 1995

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

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

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

Irish Social Security Policy during the 1980s in, editor(s)B. Greve , Social Policy in Europe, Copenhagen, Danish National Institute of Social Research, 1992, [Whyte, G.] Book Chapter, 1992

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

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

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

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

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

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

Whyte, G., The Impact in Ireland of EC Law on Social Security Rights for Migrant Workers, Mobility of People in the European Community (Irish Centre for European Law, 1990), 1990 Journal Article, 1990

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Research Expertise

Description

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

Keywords

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

Recognition

Representations

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

Ministerial appointee to Commission on Assisted Human Reproduction 2002 to 2005

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

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

Awards and Honours

Fellow of Trinity College

Researchers

Postgraduate Researchers

  • Mr Conor Casey
  • Mr Li-Kung Chen
  • Ms Roisin Costello
  • Mr Daire McCormick-George
  • Mr Juan Diego Galaz Carvajal
  • Ms Marta Lasek
  • Ms Finola Flanagan
  • Mr Alex Layden
  • Mr James Rooney
  • Mr Samuel Lemire

Associate Researchers within TCD

  • Professor Will Phelan (Department of Politics)
  • Professor Etain Tanam (Irish School of Ecumenics)
  • Professor Jane Ohlmeyer (Director of the Trinity Long Room Hub)
  • Professor Adina Preda (Philosophy Department)

Research Clusters

Research at the Centre currently clusters around the following three themes:

  • Constitutionalism Beyond Borders (focusing on the issue of a potential Border poll on a United Ireland in Northern Ireland and the Republic of Ireland, as well as other constitutional issues surrounding the relationship between Ireland and the UK in a post-Brexit world);
  • Constitutional Change (focusing on the use of referendums and citizens’ assemblies to change constitutional norms, with particular reference to recent and forthcoming experiments in Ireland using these mechanisms, also addressing the demands of democratic constitutionalism as compared to populist governments in Eastern Europe and elsewhere);
  • Constitutionalism Beyond the Courts (looking at the constitutional role of key actors such as the Executive, Parliament, Ombudsmen, the Attorney General, Parliamentary Committees, Interest Groups and broader Civil Society).