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Dr. Sarah Arduin
Assistant Professor, Law


Sarah Arduin is an Adjunct Assistant Professor in the School of Law at Trinity College Dublin. She is a graduate of the University of Paris II Pantheon-Assas (Licence de Droit) and of Trinity College Dublin (LLM). She holds a PhD from the School of Law at TCD on comparative constitutional and regulatory regime in the context of the right to education of persons with disabilities. Her main field of research sits at the intersection of regulation and human rights with an emphasis on the right to education. Her current research seeks to better understand how and why significant gaps have emerged between educational policies as expressed by law and the level of compliance with legal norms in the lived experience of schools. In this context, Sarah Arduin is looking at the information expressed in a legal framework, such as the UN Convention on the Rights of Persons with Disabilities (UN CRPD), identifies how the audience understands and interprets the legal norms, and analyses the extent to which policies and individual decisions may be shaped by normative beliefs, legal norms, and social norms. Sarah is also looking at modes of governance at the transnational level, with a particular emphasis on experimentalist governance in the context of the UN CRPD.

Publications and Further Research Outputs

Peer-Reviewed Publications

Disability and Inclusion in, editor(s)Louis Tay and Beth McCuskey , The Oxford Handbook on Well-being in Higher Education, OUP, 2024, [Sarah Arduin] Book Chapter, 2024

Arduin, Precautionary Principle and Impact Assessment: The Case of School Closures during the Pandemic in Ireland, European Journal of Risk Regulation, 2024, p1 - 17 Journal Article, 2024

The right to education, well-being, and choice in, editor(s)Michael A. Stein and Malcolm Langford , Disability Social Rights, CUP, 2024, pp31 , [Sarah Arduin] Book Chapter, 2024

Arduin, Book review, John Kay and Mervyn King, Radical Uncertainty: Decision-making for an Unknowable Future, London: The Bridge Street Press, 2020, Modern Law Review, 84, (3), 2021 Journal Article, 2021

Sarah Arduin, Taking meta-regulation to the United Nations human rights regime: the case of the Convention on the Rights of Persons with Disabilities, Law and Policy, 41, (4), 2019, p10.1111/lapo.12136 Journal Article, 2019

The Expressive Dimension of Article 24 of the UN Convention on the Rights of Persons with Disabilities in, editor(s)De Beco, G., Lord, J. and Quinlivan, S. , The Right to Inclusive Education in International Human Rights Law, Cambridge, Cambridge University Press, 2019, pp10.1017/9781316392881.007 , [Sarah Arduin] Book Chapter, 2019

Article 3: General Principles in, editor(s)Ilias Bantekas, Michael Stein, and Dimitris Anastasiou , The UN Convention on the Rights of Persons with Disabilities: A Commentary, Oxford, Oxford University Press, 2018, pp10.1093/law/9780198810667.003. , [Sarah Arduin] Book Chapter, 2018

Sarah Arduin, A review of the values that underpin the structure of an education system and its approach to disability and inclusion, Oxford Review of Education, 41, (1), 2015, p10.1080/03054985.2015.1006614 Journal Article, 2015

Sarah Arduin, Can Ireland endorse a human rights-based approach to special education?, Dublin University Law Journal, 36, 2013, p93 - 126 Journal Article, 2013

Non-Peer-Reviewed Publications

Sarah Arduin, Precautionary Principle, Regulatory Impact Analysis, and Judicial Review, IALT Annual Conference 2023: Ireland in the EU at 50, DCU, 10-11 November 2023, 2023 Conference Paper, 2023

Sarah Arduin, Nudging within the Constraints of Administrative Law, 12th Annual Workshop on Economics, Psychology and Public Policy, ESRI, 29.11.2019, 2019 Conference Paper, 2019

Sarah Arduin, A regulatory framework for nudging, IAREP (International Association for Research in Economic Psychology) and SABE (Society for the Advancement of Behavioral Economics) Annual Conference, Croke Park, Dublin, 2-4.09.2019, 2019 Conference Paper, 2019

Sarah Arduin, The preservation of choice when regulating epistemic uncertainty, Annual Workshop on Economics, Psychology, and Policy in Ireland, UCD Geary Institute , 30.11.2018, 2018 Conference Paper, 2018

Sarah Arduin, Choice architecture and the UN CRPD, Annual Conference of the Society of Legal Scholars, Queen Mary University of London, 6.09.2018, 2018 Conference Paper, 2018

Research Expertise


My research is divided into two strands. The first strand looks at the evolution of the precautionary principle as a general principle of EU law and a key tenet of EU risk regulation. Its development by the EU Courts is often interpreted as contradictory with another trend in EU risk regulation: one that is more evidence-based and relies on impact assessment. Yet, this strand queries whether recent decisions of the EU GC, coupled with a wide application of the precautionary principle during the Covid-19 crisis, may augur a new area for a more evidence-based approach to precaution. The second strand focuses on the relationship between law, choice, and happiness. It queries the extent to which law should promote and prioritize happiness over other values. For instance, in the context of disability law, it considers whether a welfare economics framework with its emphasis on well-being could meaningfully realise the right to education of persons with disabilities. To this end, I am writing a chapter on Disability and Inclusion in the Oxford Handbook on Well-Being in Higher Education.